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Copyright Cutback Proposed As RIAA Solution

An anonymous reader writes "InfoWeek blogger Alex Wolfe proposes a novel solution to the ongoing spate of RIAA lawsuits over alleged music copying. He suggests legislation which cuts back corporate copyrights from 120 years to 5 years. 'We should do what we do to children who misbehave,' he writes. 'Take away their privileges.' Wolfe says this is regardless of the misunderstanding surrounding the latest case, which apparently isn't about ripping CDs to one's own computer. As to those who say copyrights are a right: "That's simply a misunderstanding of their purpose. Copyrights, like patents, weren't implemented to protect their owners in perpetuity. They are part of a dance which attempts to balance off societal benefits against incentives for writers and inventors. You want to incentivize people to push the state of the creative and technical arts, but you don't want give those folks such overbearing protections that future advances by other innovators are stifled." What do you think; is it time to cut off the record industry?"

32 of 709 comments (clear)

  1. Preaching to the choir by jon787 · · Score: 4, Insightful

    What do you think; is it time to cut off the record industry?
    This is /., do you really have to ask that?
    --
    X(7): A program for managing terminal windows. See also screen(1).
    1. Re:Preaching to the choir by fifedrum · · Score: 5, Insightful

      i'm afraid to ask the voting public what they think on the issue, most of them (think boomers) would vote to extend it because that's what Sony Bono would have wanted us to do.

    2. Re:Preaching to the choir by conlaw · · Score: 5, Insightful

      As one of the early boomers, I respectfully disagree with your analysis. If Sonny Bono--or Elvis or all of the Bobby's--didn't provide for their heirs while they were making the money, too bad, so sad. And, IMHO, calling it the "Sonny Bono Law" was just a way to keep everyone from realizing that the point was really to extend the Disney Corporation's copyrights. In other words, the Congress-critters didn't really care about Chastity, they wanted to protect Mickey Mouse (f/k/a Steamboat Willie).

    3. Re:Preaching to the choir by cthulu_mt · · Score: 4, Insightful

      If the RIAA could figure out how to tie perpetual Copyright to Social Securities most of you Baby Boomers would line up to cut my generations collective throats.

      Mod me down in-case I just gave some shill a bright idea.

      --
      Virginia is for lovers. EVE is for griefers.
  2. Re:I do agree with a time limitation... by Millennium · · Score: 4, Insightful

    Twenty is too long, but I agree that five is way too short. I'd go to seven with an optional seven-year extension (for a total of fourteen) much like the original copyright scheme used in the US.

  3. What's the point? by goldspider · · Score: 4, Insightful

    It's not as if anyone in Congress is inclined to reign in one of their most prolific lobbyists. What is the point of such musings?

    --
    "Ask not what your country can do for you." --John F. Kennedy
  4. This guy obviously doesn't write his own music by Goldenhawk · · Score: 5, Insightful

    ... but I do write music. Sorry, I have a real problem with Congress taking away my own rights to my own music after just five years. That's a flash in the pan, in terms of my life; for crying out loud, I don't even get some of my own music finished in that short a time. I don't sell my music (or at least, nobody's bothered to buy it yet), but I have a problem with someone saying they can appropriate my own creative works that quickly.

    There are other solutions than this that have NOT been tried yet, because the lobby is too big for Congress to act. And this would suffer the same fate.

    --
    --Brandon / Split Infinity Music

    1. Re:This guy obviously doesn't write his own music by maroberts · · Score: 5, Insightful

      I agree with your statement about 5 years being too short, but your argument is wrong.

      If Congress cut back copyright, it wouldn't be removing your rights, it would be reducing rights that it had granted to you in the first place. It's entirely up to you whether you agree to distribute your music or video based on those rights.

      Even for corporate copyright, I agree 5 years is much too short, but equally the current US period (70 years + life?) is much too long. Some figure around 15-20 years, as for example in patents, would be a much more reasonable balance between making it worth your while to produce and not overly restricting the rights of the general public to enjoy and reuse your concepts after a reasonable time.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    2. Re:This guy obviously doesn't write his own music by jesdynf · · Score: 4, Insightful

      Yeah, well -- there isn't a really polite way to put this -- suck it up.

      Really, that's all I can tell you. Nobody keeps paying ME for the creative work I did a month ago in my job. Far as I'm concerned, this notion that I should be prevented from saying words because another person owns them is repugnant on its face -- five years is the compromise position, not the extreme.

      There's an outer limit at which copyright becomes a law I'll agree to obey instead of a moral and ethical irrelevancy backed by nothing but powerful men with guns. "Life plus 70" isn't on the map. I seem to recall that the first act of Congress establishing copyright covered it from 17 years; that still seems awful long to me, but it's in the ballpark where we can start trying to cut a deal. Much past 17, though... and it's back to men with guns.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
  5. Re:Ideas don't have to be free... by ByOhTek · · Score: 5, Insightful

    For corporate copyrights, 5 years is fine. Maybe a fee to continue the copyright for 5 year increments beyond that (to encourage continue publication of the media as long as it is copyrighted, and public-domaining as soon as it isn't profitable). Corporations are too abusive to give long copyrights too.

    Individual copyrights for 10-20 years are fine, IMO. It forces the corporations to answer to the artists if they want to save on copyright fees, and the artists will probably be more considerate to the consumers.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  6. Re:Corporate Copyrights - Not Just Entertainment by maz2331 · · Score: 4, Insightful

    The lifespan of software is pretty short anyway. A 5-year protection cycle is a huge motivator to get a new product out the door on a regular basis and keep the programmers employed.

  7. Re:Ideas don't have to be free... by Cheerio+Boy · · Score: 5, Insightful

    For corporate copyrights, 5 years is fine. Maybe a fee to continue the copyright for 5 year increments beyond that (to encourage continue publication of the media as long as it is copyrighted, and public-domaining as soon as it isn't profitable). Corporations are too abusive to give long copyrights too.

    Individual copyrights for 10-20 years are fine, IMO. It forces the corporations to answer to the artists if they want to save on copyright fees, and the artists will probably be more considerate to the consumers.

    I'm all for an extension fee but make it non-trivial in cost for corporations AND make it geometrically progressive so that they can't just keep paying the fee forever.

    Because you know as long as they can pay a small amount to retain their stranglehold they will do so.
    --

    "Bah!" - Dogbert
  8. Re:Ideas don't have to be free... by jcaldwel · · Score: 5, Insightful

    For corporate copyrights, 5 years is fine. Maybe a fee to continue the copyright for 5 year increments beyond that (to encourage continue publication of the media as long as it is copyrighted, and public-domaining as soon as it isn't profitable). Corporations are too abusive to give long copyrights too. Individual copyrights for 10-20 years are fine, IMO. It forces the corporations to answer to the artists if they want to save on copyright fees, and the artists will probably be more considerate to the consumers.

    The distinction between corporate and individuals wouldn't be effective. Some company exec will just hold the copyright personally, and license it exclusively to the corporation for the full 20 years.

  9. Correct me if I'm wrong by Kelbear · · Score: 3, Insightful

    But are they actually suggesting that they reduce an artist's ownership to just 5 years?

    I'm no fan of the RIAA, but there are plenty of other ways to nail them to the wall with less collateral damage. It's the method of enforcing copyright that's been so despicable, not the duration of the copyright(for music that is).

  10. Does Congress think the RIAA is behaving badly? by dpbsmith · · Score: 3, Insightful

    In order for Congress to pass such a law, they'd have to be angry at the RIAA for behaving badly.

    In order for them to perceive the RIAA as behaving badly, they'd have to have the same sort of world view as I, Lawrence Lessig, probably most Slashdot readers, and probably most Americans who have any awareness of what's going on with (so-called) intellectual property.

    But if they had that sort of world view, they would never have passed the DMCA and the various copyright extensions in the first place.

    So, what's the point here? Unless it's a tongue-in-cheek Swiftian "modest proposal."

    As a serious proposal, it makes about as much sense as suggesting that Congress pass a law allowing unrestricted legal immigration in order to increase the numbers of young workers and thus solve the demographic problems of Medicare and Social Security.

  11. Flaming to get hits. by LWATCDR · · Score: 5, Insightful

    This is just a dumb idea.
    1. It really couldn't happen because it would violate more than a few international agreements.
    2. corporate vs personal copyrights? A lot of artists when they start make money incorperate. Where do there works fit in?

    It is a non solution to a real problem. But lots of people will click on the blog and read the ads and they will make money off it.
    Thank you for playing and paying.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:Flaming to get hits. by mrchaotica · · Score: 5, Insightful

      It really couldn't happen because it would violate more than a few international agreements.

      So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?

      corporate vs personal copyrights? A lot of artists when they start make money incorperate. Where do there works fit in?

      Obviously, once you eliminate fuzzy measures like "life of the author," corporate and personal copyrights can be exactly the same 5 years.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:Flaming to get hits. by Hatta · · Score: 3, Insightful

      This is just a dumb idea.
      1. It really couldn't happen because it would violate more than a few international agreements.


      Wrong, this is a brilliant idea. It's the international agreements that are dumb.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Flaming to get hits. by ceoyoyo · · Score: 4, Insightful

      1. Most (if not all) of those international agreements are at the US's behest, seeing as they're by FAR the biggest exporter of copyrighted material. Besides, when has the US ever cared about international agreements?

      2. You can incorporate and then license your personal copyright to your company. Same with patents. Corporate patents should be shorter than personal patents. If a company owns a patent then it should be capable of developing it quite quickly. An individual who owns a patent likely needs a longer term to develop it.

    4. Re:Flaming to get hits. by mmeister · · Score: 3, Insightful

      I disagree. While I think the length is a little on the low side (I'd argue that a 10 year copyright is more reasonable because it offers enough incentive for someone to reap benefits but not so long as to keep it out of the public domain for an entire lifetime -- as in 120 years). But the truth is we have FOUR major record labels and a handful of Movie Studios that are dictating the copyright terms to the people. Copyright in the U.S. Constitution was intended to be very limiting, but Corporatism has taken over -- which is why a Mickey will remain protected in perpetuity. The losers are the people.

      As for violating international agreements. So? Facts change over time and some treaties aren't meant to last forever (esp regarding things like trade). We are not living under the same treaties that governed trade in the 1700s.

      I believe the UK copyrights are(were?) for a much smaller timeframe such that the Beatles will go in the public domain (in the UK) in a few short years. That's not true in the US. The Beatles works are protected here for long, long after I'm dead and that doesn't assume it wouldn't get extended AGAIN.

      Right now the ONLY people benefiting from current copyright laws (and their lengths) are mega corporations. Again, Corporatism in action.

    5. Re:Flaming to get hits. by Anonymous Coward · · Score: 3, Insightful

      I agree. Its sorta like a home based business according to the IRS: If you can't make a profit within a short time, it is referred to as a hobby, not a business and you cannot take business deductions on your taxes.

    6. Re:Flaming to get hits. by pembo13 · · Score: 4, Insightful

      It really couldn't happen because it would violate more than a few international agreements.

      So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?

      Well first of all international agreements have less to do with 'foreigners' and more to do with one's own government since they had to agree to it (hence the word agreements).

      Secondly, in my experience, in America the cooperations have all the power but allow the citizens to think they have power.

      And Americans have very little right to talk about sovereignty since they have little to no respect for the sovereignty of others.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    7. Re:Flaming to get hits. by Raisey-raison · · Score: 5, Insightful

      This idea is great. Here are some more:

      1. I think a general copyright of 14 years is the optimum from the time of publication. This study previously appeared on slashdot.
      http://www.rufuspollock.org/economics/papers/optimal_copyright.pdf

      2. Solve the problem of people using copyright to prevent reproduction especially in small independent films.
      If companies use copyright to deny reproduction at any price or at a price that is so high its absurd, enable people to pay some fixed fee and ignore the wishes of the copyright holder. Copyright shouldn't be a tool to prevent reproduction just a tool to make some money from artistic creativity.

      3. If companies abuse the position by engaging in fraud or anti trust behavior to manipulate prices they lose their copyright.
      http://attorneygeneral.utah.gov/PrRel/prfeb192004.htm
      http://urbanlegends.about.com/library/bl-cd-settlement.htm

      4. Expand fair use. If I want to use a small portion of a book eg 1000 words from a 50,000 word book its ok even if its for profit. I just can't reproduce lots of 1000 word bit to reproduce the book. If its educational I get to use it unless it literally causes major loss to the company. Eg in a classroom I can make 200 copies of a newspaper article for all the students. I just can't do that for a whole textbook. But I can use it for a figure from a textbook.

      5. No automatic copyright for photos. There has to be some artistic quality to them.

      6. In the U.S., buildings built on or after December 1, 1990 are also eligible for copyright. This is pathetic. Given that creativity was not stifled beforehand this is totally unnecessary. No copyright on buildings.

      7. No frivolous copyright either like on restaurants. Yes someone was sued and lost because one restaurant was too similar to another.

      8. No copyright on 'happy birthday'. If you sing happy birthday in a restaurant you gotta pay a fee to the so called rights holder. The movie 'The Corporation' claims that Warner/Chappell charge up to US$10,000 for the song to appear in a film.
      http://en.wikipedia.org/wiki/Happy_Birthday_to_You

    8. Re:Flaming to get hits. by Total_Wimp · · Score: 5, Insightful

      So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?

      I keep hearing this "sovereignty" thing bandied about by (usually conservative) people. They usually say it in the context of "we'll be giving up our sovereignty" with this treaty or that or "we should do [insert treaty-breaking thing we just feel like doing] because we have sovereignty!"

      Here's the thing; Abiding by your agreements IS NOT some sort of weakness where you're somehow giving up your right of self-determination. It's simply keeping your end of a bargain. It's, you know, that honesty thing, where you make a contract, and then do the thing you said you were going to do in the contract.

      But it gets better. We usually get something we want when we make these deals. You got that? It's not just give, give, give, give, give. We actually get something in return. I don't know about you, but it doesn't seem very nice to me when someone takes something from me, then doesn't give me the thing they promised in return. I try to avoid doing business with that guy in the future.

      Sure, I understand that treaties sometimes need to be dissolved. It happens. But it gives me the willys when you sovereignty folks act like it should be done at the drop of a hat. It's serious damn business and should be treated as such. doing it simply "because we can" is not good enough. If it comes to exercising our sovereignty whenever we feel like it or being a good honest neighbor and only breaking treaties unilaterally when there's a very serious reason, well, I value good and honest a hell of a lot more. It just seems like the American way to do things. At least I hope so.
  12. Re:Corporate Copyrights - Not Just Entertainment by jedidiah · · Score: 4, Insightful

    A 30 year old cobol program running on a mainframe is the ABSOLUTE LAST thing that should be entangled in copyright shenanigans. This is THE perfect example of something for which the owner of the copy should have the ability to fix and maintain the program. Quite likely, the individual or company that original wrote or sold the program is gone, LONG GONE.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  13. Independent musicians cry "foul!" by Nerdposeur · · Score: 3, Insightful

    And if independent artists are also limited to 5 years' copyright, what's to prevent a label from discovering them, liking their songs, but leaving them in obscurity for 5 years until they can take their songs and get some pretty boy band to record them?

    Sounds to me like you'd be handing the industry a gold mine of free songs and screwing the little guy. After all, which one has the marketing and payola to make sure something is an instant hit? Which one has to struggle for a decade to become an "overnight" success?

  14. Re:Yes by sm62704 · · Score: 3, Insightful

    Cut back corporate copyrights from 120 to 5 years makes complete sense

    That's one of the many reasons it won't happen.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  15. Re:Rainbows and Unicorns for everyone! by Anonymous Coward · · Score: 5, Insightful

    I just thought I'd attack the first cynical apologist for no good reason other than I don't like people like you.

    Those who whine and mumble "It will never happen" think they are being 'realists', but they are just dragging everyone
    down with their own depressive lack of vision. Neil, you are as much a part of the problem as the RIAA and other criminals.
    What do you possibly feel you have added to the discussion, other than what we all already know?

    Want to add something other than vague accusations?
    Want to print the names of those you accuse of corruption?
    Want to cite some examples of their criminal behaviour?

    Your hand waving dismissal just insults us all.

  16. Copyrights Are Insane by Nom+du+Keyboard · · Score: 4, Insightful
    I agree that copyright terms are insane. One of the things the Founding Fathers specifically put into the Constitution was a ban on perpetual copyrights. They'd seen them in Europe, and weren't going to have them here. Secure for a limited time... is what it says.

    What I would put into law are 2 specific reforms:

    1: Copyright cannot be extended beyond its original term. The reason for this is simple. Copyright exists to encourage creation and publication of the arts. Once that art is created under the copyright terms of the time, copyright has served its entire purpose. Anything beyond that is just giving more unnecessary rewards to a few at the expense of the many.

    2: Copyright is lost to any item not available for new sale in a 3 year period at a fair price. If you're no longer selling it, then you have no right to prevent other people from duplicating it and keeping it available.

    Change on any issue starts when people start talking about it. Let copyright change begin here now!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  17. Protecting images... by tjwhaynes · · Score: 3, Insightful

    I actually think there needs to be a new kind of IP for stuff like Mickey Mouse. The Disney Corporation is *actively* using the character. No matter how old it is. Something which would protect the image of Mickey Mouse even if Steamboat Mickey fell into the public domain could make things a bit sane.

    Mickey Mouse(TM) is already well protected by trademark law. If you are suggesting that "Look and Feel" or heavens-forbid "Image" should be protected under Intellectual Property laws, then just take ten seconds to think how quickly everything would be "ImageMarked" by the scammers and locked up by "ImageMark" trolls who make nothing but sue everyone around for near-misses and co-incidence.

    /me shudders...

    If I remember correctly, the whole point of IP laws is to foster innovation. If Disney does something new with Mickey, then that is protected. Protecting the old images forever does not serve to foster new creativity.

    Cheers,
    Toby Haynes

    --
    Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
  18. Re:International Agreements by Pharmboy · · Score: 5, Insightful

    I don't think so. Most people are mad at the US, not because we break treaties (which has traditionally been done in compliance with the actual treaty) but they are instead mad because we won't SIGN treaties that we know we can't live up to, like Kyoto.

    Then again, the US was the first to ban aerosols, has significantly cleaned up our lakes since 1970s, just recently upped the CAFE standards for gas mileage in cars, and subsidizes alternative fuels. Far from perfect, granted, but we have still done more without a treaty than most with one.

    --
    Tequila: It's not just for breakfast anymore!
  19. Re:International Agreements by BlueParrot · · Score: 4, Insightful

    just recently upped the CAFE standards for gas mileage in cars


    With the new targets being significantly more modest than the European equivalents.

    Also, most people are not too upset about the US finding it difficult to cut greenhouse gas emissions. We can understand that. What we are REALLY pissed about is that your government has decided to launch a corrupt attack on the scientific process rather than admitting they have a problem and that it is hurting the entire globe. The disinformation they are promoting in order to save their own face is making it difficult for countries that DO try to make a difference to explain it to their population.

    In short, the Bush administrations anti-scientific propaganda is causing Europeans who don't know better to reject their local governments attempts at curtailing emissions. Thus while they may just be doing it to save their own face, their lies are causing major trouble across the globe, and it is pissing of a lot of people.