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EU Commissioner Proposes 95 year Copyright

Albanach writes "The European Union Commissioner for the Internal Market has today proposed extending the copyright term for musical recordings to 95 years. He also wishes to investigate options for new levies on blank discs, data storage and music and video players to compensate artists and copyright holders for 'legal copying when listeners burn an extra version of an album to play one at home and one in the car ... People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties, he said.'"

591 comments

  1. Sweet! by Captain+Splendid · · Score: 5, Funny

    That clinches it, I'm moving back to Europe.

    Obviously, Crack is cheaper and more plentiful over there.

    --
    Linux, you magnificent bastard, I read the fucking manual!
    1. Re:Sweet! by Brian+Gordon · · Score: 3, Insightful

      Must be, this is crazy. How do artists need to be compensated for making copies of their work? You own the CD, you can copy it, as many times as you want, give/sell it to whoever you want, period. This imaginary property thinking is getting eerily pervasive.. nobody even thinks to question it anymore, even on slashdot.

    2. Re:Sweet! by alext · · Score: 2, Insightful

      Because the only way artists get compensated is via copies of their work?

    3. Re:Sweet! by rootofevil · · Score: 2, Informative

      -1, disingenuous.

      musical artists make their scratch from concerts, not album sales.

      --
      turn up the jukebox and tell me a lie
    4. Re:Sweet! by s.bots · · Score: 3, Insightful

      musical artists who are signed to a thieving record label make their scratch from concerts, not album sales.

      There, FYP for you.

    5. Re:Sweet! by poetmatt · · Score: 1

      No, independent and established music artists both make their scratch from concerts, not album sales.

        Go ask how much Chicago indie bands make at the double door and metro, I assure you they are not scrounging bottom bin for money.

      Fixed it for you.

    6. Re:Sweet! by MBGMorden · · Score: 1

      A lot who aren't make it the same way too. I've heard several good bands at a local bar I sometimes go to, and after inquiring after the show, learned that they didn't even have CD's for sale, big label or otherwise. Most of these just got their money being paid to play at the bar.

      Big name music wouldn't go for that though. That would require that they actually work on a regular basis like the rest of us.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    7. Re:Sweet! by maxume · · Score: 1

      How is Overton these days?

      Your post is self-referentially ironic though, how fun. Not to mention the dozen or so preceding posts, to this story alone, that questioned the wisdom of copyright.

      --
      Nerd rage is the funniest rage.
    8. Re:Sweet! by sm62704 · · Score: 5, Insightful

      The copyright is shorter. Not short enough; I think the twenty years it used to be here in the US is plenty long, and I say that as a copyright holder.

      In fact, there are many at slashdot who want to abolish copyright entirely. I think there would be far fewer of these folks if copyrights were sanely limited.

      I don't know about Europe, but here in the US we're not supposed to have lifetime copyrights. In fact, our Constitution specifies copyrights and patents are to get artists to create in order that the public domain be enriched, and that they should last "a limited time." SCOTUS fucktards, ignoring the plain language the Constitution was written in, have ruled that "limited" means whatever Congress wants it to mean.

      Since all US laws are based on the Constitution, and the Supreme Court is ignoring it, I choose to ignore all the other God damned laws they write and to hell with them.

      -mcgrew

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    9. Re:Sweet! by KnightNavro · · Score: 4, Insightful

      musical artists make their scratch from concerts, not album sales. So the Beatles didn't make a dime after their last concert in 1966?

      Album sales are the sole source of income for many bands that don't tour. Lots of bands and artists that rely on heavy studio production can't effectively take their show on the road and live on album sales alone.

    10. Re:Sweet! by dmomo · · Score: 5, Insightful

      I don't understand why even the artist is entitled to profiting for their entire life. An economy has only so much budget for creative works. Every penny paid was generated from productivity. It seems wrong that we are putting production resources towards work that has long been compensated.

      - Artist does work
      - This costs productivity / resources
      - Artist gets paid for work by money generated from productivit
      - Amount of productivity / resources paid to artist doubles productivity exerted by Artist
      - Every time the artist gets paid for this work, productivity and resources are being poured into a black hole. Nothing is being created. Resources are being wasted.

      This is just bad economics. In short, people are laboring, and that labor benefits just one person. We can only afford to buy so much art. As the pool of available art increases, the budget for this does not. So we have less available for new works. It's time to free up those resources to put artists to work!

    11. Re:Sweet! by GigG · · Score: 1

      That would work if the artist produced one copy of the CD and charged X million dollars for it. Then they have earned what they think it is worth and everybody who wants a copy can make one. But who's going to pay that X million? Nobody, that's who.

      So instead they make lots of copies and sell them each for a much lower price.

      This silly economics thing is getting eerily unknown, even on slashdot. I blame open source.

      --
      Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
    12. Re:Sweet! by Sparr0 · · Score: 5, Insightful

      Then they are in the wrong line of work. The explicitly stated purpose of copyright is to encourage the creation of new works, NOT to ensure the lifetime income of works creators. If they want to make more money, start writing/performing new stuff.

    13. Re:Sweet! by orasio · · Score: 4, Insightful

      Because the only way artists get compensated is via copies of their work? I don't get it.
      If you buy a CD from an artist, is he losing money because you transfer them to your Ipod?
      I thought that by buying the CD you were buying a license to listen to the song, regardless of the media. I don't see why an artist should care how I listen to what I paid for.

    14. Re:Sweet! by LandDolphin · · Score: 1

      "Since all US laws are based on the Constitution, and the Supreme Court is ignoring it, I choose to ignore all the other God damned laws they write and to hell with them." Two wrongs do not make a right.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    15. Re:Sweet! by dedalus2000 · · Score: 4, Insightful

      The idea of working on something for a few weeks or months then getting payed for the remainder of your life seems kind of odd to me. artists can't make a dime for a work half done so some term of protection is certainly in all of our interests but anything past 14 years is corporate welfare. At some point the value of the original work is recouped and further copy protections become hindrances in that they discourage further development based on the original works and further productivity by the original creator. we limit the rights of society as a whole to produce copies of original works in order to encourage production of original works beyond that there is no value social or otherwise in limiting these individual rights.

      --
      My keyboads not woking popely.
    16. Re:Sweet! by oyenstikker · · Score: 1

      Imagine your company writes a piece of software. Should the first person to buy it be allowed to start giving it away to everybody else? Imagine your company makes a widget. Should the first person to buy it be allowed to start duplicating it and selling it for just above the cost of production, which you cannot do because you have to cover the R&D that went into it? The whole economy breaks down if you get rid of intangible property rights.

      --
      The masses are the crack whores of religion.
    17. Re:Sweet! by dslbrian · · Score: 4, Insightful

      "Since all US laws are based on the Constitution, and the Supreme Court is ignoring it, I choose to ignore all the other God damned laws they write and to hell with them." Two wrongs do not make a right.

      It's called civil disobedience, and when governments lose all moral standing it can be the right thing to do.

    18. Re:Sweet! by Robber+Baron · · Score: 4, Funny

      Yeah I know I'd like to still be getting paid for work I did 20 years ago! You're still living in that house aren't you? Well I helped build it, and since you're still using it, I should still be getting paid!

      --

      You're using her as bait, Master!

    19. Re:Sweet! by Anonymous Coward · · Score: 2, Interesting

      "musical artists make their scratch from concerts, not album sales."

      Some of them do. I rarely have, unless a friend needed me to fill in for a single date here or there.

      Then again, I deal with the writing aspect and not much else. I have a day job that is fulfilling but doesn't pay the rent (working in education *AND* the music industry, you quickly learn what the nation values as a whole, but that is a whole different story).

      From helping friends write silly meaningless pop, I've put a down payment on a house, paid off all the debts I had as a youth and otherwise. If it weren't for album sales, I'd get nothing...*SUPPOSEDLY* I get paid some sort of royalties from when bands play their songs live, but I've never seen it (probably because it is assumed that these are the bands on record, they take care of this internally...not that I care).

      Most of the bands I've known that have actually made money, it is almost always through royalties and licensing. Its funny, I make more money from a really bad smooth jazz cd that I helped arrange that has been licensed to muzak or something, than I do the traditional stuff (because those fuckers ALWAYS pay their bills and keep their accounting straight...and yes, I do believe that if you are a small business owner playing music in your establishment, you are using it in a broadcast TO SELL GOOD AND THUS I SHOULD BE PAID TOO).

      You'd be surprised at how many artists that actually read their contracts make money on album sales.

      I'll probably be considered an astroturfing RIAA junior flunky, so I'll just post this anonymously and make it seem even more like that is what I'm doing...

    20. Re:Sweet! by eiapoce · · Score: 1

      I don't understand why even the artist is entitled to profiting for their entire life I am wondering myself why do the architects, builders, cooks, truck drivers can't have a lifetime revenue for all the work they have been doing... ... i see now, they are not backed by a corporation willing to corrupt politicians into passing absurd laws like this one.

      These laws proposals might only come from someone utterly corrupted by the corporations. Unfortunately unlike the USA in Europe there is no obligation to disclose were the lobbying money goes. We do know lobbying is done and this idiotic proposal is the PROOF. As a added damage the european commission has the undemocratic habit of imposing the laws on member states without ever consulting european or local parlaments. Take a look here: http://www.free-europe.org/blog/english.php Sometimes they make me feel sympatetic for the MAFIAA
    21. Re:Sweet! by masdog · · Score: 1

      Lots of bands and artists that rely on heavy studio production....

      That is part of the problem right there. Almost every form of music can be taken on the road - techno dj's have live concerts fer christ-sakes, and that is almost entirely electronic music.

      If you sound so bad you need a studio to make you look good, you shouldn't be performing in the first place.
    22. Re:Sweet! by Anonymous Coward · · Score: 0

      see Boston tea party, it was not a bunch of dudes strung up on tea leaves whistling at chicks walking by.

    23. Re:Sweet! by Anonymous Coward · · Score: 0

      I think you'll find that those bands don't tour because they make enough from the album sales, not that they don't tour as a starting point and then make the income back up from selling albums. If some artists are actually managing to make enough from sales that they don't need to tour (i.e. work for a living) then we don't need to make that easier for them and the fact that some artists can make enough whilst not working doesn't mean that we should assume that a system should be put in place to allow all of them to not have to work.
      We should not have the starting assumption that selling albums 50 years after you recorded whatever is a legitimate form of income that we need to protect if it starts to slip, we should consider that continuing to work until you retire at the same age as everyone else is the norm, and if a lucky few can avoid doing so much work, well good for them.
      As for bands who can't tour because of the amount of post-production involved - they're not selling music, they're selling mathematical trickery.

      Conclusion, we should assume that bands will make their living from touring, and that any money that they're entitled to from selling recordings should be proportionate for what they actually are; a sequence of 1's and 0's that cost the artist nothing to produce as an individual copy, possibly decades after they generated the master sequence. And possibly a metal & plastic disc worth a couple of pence in raw materials. How much is that worth, as an item, given its non-uniqueness, nill materials cost and infinite reproduceability? Not much. The only reason to value it higher is if selling it is the only way to monetise their product and provide them with a living - that is an assumption that we should not make, since we've already made the assumption that they monetise their product into a living by touring.

    24. Re:Sweet! by rasputin465 · · Score: 1

      Well what about all the Ashley Simpsons out there who rely on their recording so they can lip sync on stage!? Who's standing up for THEM?? ;-)

    25. Re:Sweet! by afidel · · Score: 1

      Only as song writers. The studio owned their catalog and sold it. Michael Jackson owns a big chunk of it currently. He bought the catalog at $45.1M and it's valued at more than $1B which I can guarantee you is a hell of a lot more than the Beatles have seen over their entire lives. That's just one relatively small (but talent rich) catalog, think of what the industry as a whole is doing to the artists!

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    26. Re:Sweet! by afidel · · Score: 1

      Hmmm, I wonder if you haven't pinpointed why popular music has so declined since the Copyright Act of 1976 went into effect in 1978.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    27. Re:Sweet! by paitre · · Score: 1

      Considering that Sir Paul is worth an estimated 1.5 to 2billion, $US, you might want to rethink that.

      The Beatles have seen an obscene amount of money from what they produced in the 60's. I'd love to know exact figures, as I'd like to know what the exact figures are for what Elvis' estate has brought in.

      But keep in mind, that for every Beatles, there are hundreds, if not thousands, of bands that never even get to their first gig, let alone repeats after that one.

    28. Re:Sweet! by eiapoce · · Score: 5, Interesting

      Answer is: Stop paying for music. Once they run out of money they will have no way of corrupting our goverment into these laws.

    29. Re:Sweet! by rifter · · Score: 1

      Then they are in the wrong line of work. The explicitly stated purpose of copyright is to encourage the creation of new works, NOT to ensure the lifetime income of works creators. If they want to make more money, start writing/performing new stuff.

      If they don't get compensated for their work, there is no incentive to create new things. If you don't allow them to charge for distribution of their work, they are not getting compensated.

    30. Re:Sweet! by utopianfiat · · Score: 3

      anything past 5 years is corporate welfare
      fixed.

      --
      +5, Truth
    31. Re:Sweet! by jonr · · Score: 1

      Should the programmer get money every time is program is used? For the rest of his life?

    32. Re:Sweet! by rifter · · Score: 1

      artists can't make a dime for a work half done

      Tell that to Leonardo da Vinci. He never did finish the Last Supper, and Michaelangelo apparently never let him live down the unfinished Sforza horse.

      Then there are always, well, you know, computer programmers. Software is never completely done.

      Incidentally, Leonardo is another example of the problem with creative control over works. Quite apart from the fact he never got funding to create some of the more interesting things he was working on, there was the fate of his notes, which supposedly were supposed to get indexed, cataloued, and published, but instead were split up, passed down, and lost for the most part. Part of what is left is now owned by Bill Gates (though the IP itself is technically no longer owned by anyone ... I think. You never know what might happen with the way people seem to patent things that already exist and then sue the people who are actually making stuff.

    33. Re:Sweet! by rifter · · Score: 2, Insightful



      "Since all US laws are based on the Constitution, and the Supreme Court is ignoring it, I choose to ignore all the other God damned laws they write and to hell with them." Two wrongs do not make a right.

      It's called civil disobedience, and when governments lose all moral standing it can be the right thing to do.

      Maybe. But very few people are willing to go to jail to fight for the right to share MP3s.

    34. Re:Sweet! by emilper · · Score: 1

      How about all those songwriters from 50 years ago nobody hears about ? I bet having the copyright extended for another 20 years (from 75 to 95) would help them tremendously, especially when it would cost more to hire lawyers to draft new distribution contracts than they would ever get for under those contracts.

      These taxes EU proposes would help only the bureaucracy that would manage the money.

      I bought my music from CDBaby and Magnatune. Right now I pay for each DVD I buy, even if I use them only for backups. If the "storage-media" tax is legitimate, then I should be allowed to copy whatever I want.

    35. Re:Sweet! by Sparr0 · · Score: 4, Insightful

      Write 1 hit song, get exclusive rights to it for 14 years. 13 years later, realize the gravy train is running out and you need to write another song... Sounds like incentive to me.

    36. Re:Sweet! by Firehed · · Score: 1

      Used? No. Sold? I don't see why not. Would people continue to have a use for that software? Not a chance.

      The obvious flaw in your argument is that software becomes deprecated over time. Music, movies, and other entertainment IP doesn't. It may fall out of interest, but it's not replaced by the latest and greatest (per se). The real translation is whether software should automatically become freeware after X years, like movies and music effectively would - or, rather, open-source. But then again, not really - software is generally licensed, where movies and music aren't really. I know, I know. But when I buy my copy of a CD or a DVD, it's a fully working copy. If I download a copy of most software, I still need to provide it with a license for it to fully function.

      --
      How are sites slashdotted when nobody reads TFAs?
    37. Re:Sweet! by oyenstikker · · Score: 1

      Should the programmer get money every time is program is used? For the rest of his life?
      What does that question have to do with anything? If I buy a record, the artist does not get paid for each of the thousands of times I play it during his lifetime.

      Answer:
      It depends on the contract he negotiated with the purchaser. If the purchaser agreed to pay each time the program runs, that is none of our business.
      --
      The masses are the crack whores of religion.
    38. Re:Sweet! by Anonymous Coward · · Score: 0

      There is no such thing as a license to listen to the song. Or, did you miss the fact that ... oh, I don't know ... there isn't a license to listen to the song printed somewhere inside the CD case?

      What you bought is a CD. You can play the CD. Anything else you think you should be entitled to ... whatever justification you may have ... is your own problem.

      There's nothing wrong with saying how ridiculous the current system is from a moral standpoint, but please don't confuse the legal issues by talking nonsense.

    39. Re:Sweet! by infalliable · · Score: 1

      These things almost follow a recipe anymore. "save the artists. the artists are starving." In reality, few artists actually hold the copyright. It is typically big corporations who own the copyright and get rich off these schemes. The artists see royalties, but it is typically a small fraction. Notice how they never mention that XX funds were distributed to the "artists." It is a huge ploy to generate public sympathy for the music industry execs levying taxes on the people in the case of the storage media fees. It also has the trouble of then "validating" downloading. If you paid the fee/tax/levy on media to compensate for music copying, then the average person feels they have paid for the ability to copy them. Otherwise, you are paying a fee/tax/levy because of illegal activity, which is completely idiotic. Is it so bad that a song someone wrote in the 60s is no longer making them money? If you make something, do you really expect to be paid for it the rest of your life? For most people, they get paid for the work they did today (or recently).

    40. Re:Sweet! by fastest+fascist · · Score: 3, Insightful

      What if they don't want to tour, or live performance doesn't fit their music? I'd just like to get this clarified: The claim here is that people have no right to expect to get paid for recordings of their works?

    41. Re:Sweet! by obarel · · Score: 1

      Not to mention the huge amount of code I've written over the years. I wrote it, the company published it (one way or another), I deserve to live off it for the rest of my life. Every time they sell a copy, even though I've left the company many years ago, I still deserve a chunk of the profit.

      In fact, even if they don't sell any copies, as long as they're still around it means that they benefit from code that I wrote. Now give me the money!

    42. Re:Sweet! by Anonymous Coward · · Score: 0

      Boo-fucking-hoo.

      You know what? I get paid when I go to work and do my job, but in order to keep on getting paid, I have to keep going in, and I have to keep on doing my job. What exactly would entitle musicians to - basically - go to work, do their job and then get paid for the rest of their lives?

      I mean, we're not talking about getting lucky here - if somebody manages to become a millionaire in the 50 years they currently enjoy, great. But what ENTITLES them to another 45 years after that? For that matter, what entitles them to the 50 years they get now in the first place?

      And even if it was about protecting musicians' ability to profit for their entire life, well... why not just make copyright last until death? Extending it to any arbitrary amount - no matter whether it's 50, 95, or 200 years - shows that protecting starving artists (or even rich artists) is not what it's REALLY about, anyway.

    43. Re:Sweet! by Tyberius · · Score: 1

      Because the ease of recording a work is so great, and because the law cannot keep recording from happening, should those recording artists have the expectation of getting paid for recordings of their work? They have the right to have whatever expectations they want.

    44. Re:Sweet! by rkanodia · · Score: 4, Insightful

      I do think that people should be able to get paid for recordings if you want to, but if you don't want to, you know, go out and do a job every day like everyone else does, maybe you shouldn't complain that you aren't getting paid every week living everyone else is.

    45. Re:Sweet! by vimh42 · · Score: 1

      That's great that they can't tour but do you believe that if someone is a one hit wonder in their 20s that they can bring in money from the album when they are 90? If you are producing nothing, why should you be compensated for it? No, you work for money, you don't ride on the laurels of your 15 minutes of fame for your entire life. The duration of copyright should be far shorter.

    46. Re:Sweet! by arth1 · · Score: 5, Insightful

      They do get compensated. Question is for how long they should continue to be compensated for something they no longer lift a finger for.
      The whole purpose of the copyright is to ensure progress, not individual riches.

      If anything, with the rate of progress being so much higher today than it was back when copyrights first were instated, it would make sense to make current copyrights shorter than what they were back then. Say 5 years. That would ensure that the artists would get a good source of income while working on their next production, and even be allowed to fail once or twice. And it would prevent them from resting on their laurels, which doesn't exactly enrich the world.

      And, quite frankly, this isn't about the artist anymore. Since copyrights unfortunately aren't unalienable rights, but goods that can be sold (even before the creation happens!), the real beneficiaries of copyright extensions are big companies who don't create anything, just make money on other people creating.
      If nobody were allowed to sell the rights to their creation, only enter short term distribution agreements, then artists wouldn't have to sell their rights in order to make money, because they would not compete with others able and willing to do so. They would be free to switch to a higher bidder or better marketer, a freedom which in itself would cause an increase in worth for their product. But they would have to keep on producing, or eventually the income would drain up.

      Regards,
      --
      *Art

    47. Re:Sweet! by Puk · · Score: 3, Funny

      That clinches it, I'm moving back to Europe.

      Obviously, Crack is cheaper and more plentiful over there. You missed the part where in the U.S., it's already 95 years for works for hire and lifetime of the author plus 70 years for plain old humans. If you want crack, we're your country.

      -puk
    48. Re:Sweet! by Cheeze · · Score: 1

      I don't remember accepting any licenses when i buy/listen/copy/acquire music

      but then again, i haven't bought any music in the past 10 years.

      I think the question is what exactly is copywritten? Is it the music? Can you really copyright sound patterns? What about bird calls, or phone rings? What about single tones? Can you copyright the wavelengths also?

      If you copyright a piece of music, and someone else produces an exact copy using their own band and instruments, did they violate your copyright? What happens if they change one note?

      --
      Why read the article when I can just make up a snap judgement?
    49. Re:Sweet! by hardburn · · Score: 1

      The explicitly stated purpose of copyright is to encourage the creation of new works, NOT to ensure the lifetime income of works creators.

      To be fair, that's the stated purpose in the US constitution, but this is the EU we're talking about. Does a similar written or implied standard hold over there?

      --
      Not a typewriter
    50. Re:Sweet! by AnomaliesAndrew · · Score: 1

      Since all US laws are based on the Constitution, and the Supreme Court is ignoring it, I choose to ignore all the other God damned laws they write and to hell with them.

      -mcgrew I second this motion. Lets start a revolution. Who's with me?!
      --
      Move all sig!
    51. Re:Sweet! by Arccot · · Score: 2, Insightful

      The idea of working on something for a few weeks or months then getting payed for the remainder of your life seems kind of odd to me.

      I disagree. There is, speaking generally of creative works, a very high chance long term you will be paid nothing. There is also a very small chance long term you will make alot of money.

      Everyone seems to focus on superstar musicians or writers when they think of royalties and copyright. They are the extreme on the bell curve.

      Think of what happens for an average writer or musician. He creates a creative work, and somehow manages to sell a little bit of it continuously for the rest of his life (through royalties, direct selling, whatever). The money trickles in, and if he manages to make enough creative works that he can sell, eventually he can make a living at it with a trickle from each successful work, and begins to write full time.

      Removing long term royalties would make this next to impossible for writers. Most writers would have to continue working at least part time jobs while getting a trickle of income from their newest works. That is not in the interest of the public at large, when the artist could be creating mildly successful works of creativity full time.

      14 years is much too short. 95 years is generally much too long. It should be set up in terms of the author's life, plus a small bit of time past that (5 years, maybe), so the elderly can successfully be published. That would provide incentives for artists to produce a lifetime of work while limiting the chance that creative works will be lost in time.

    52. Re:Sweet! by yali · · Score: 1

      [The U.S.] Constitution specifies copyrights and patents are to get artists to create in order that the public domain be enriched

      Article I, Section 8: Congress shall have the Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

      Not many places in the US Constitution is it explicitly stated why some provision is put in. Here it's clear: "to promote the progress of science and the useful arts." I've never understood why the Supreme Court does not use that as a test of what is a reasonable copyright term. Up to a certain point, copyright promotes net progress (net == of society) by providing an incentive to creators to produce and share their work. But as you increase the copyright term, you get diminishing marginal returns. Eventually the yield in creative output is outweighed by the opportunity cost of not allowing society to have unencumbered use of the material. A law that extends copyright beyond that balancing point should be considered unconstitutional.

    53. Re:Sweet! by Jafafa+Hots · · Score: 1
      In their minds, YES, they are losing money. Because if they force you to pay MORE to transfer it, then its more money for them.

      Incidentally, while we're having this little chat, I'd like to remind you to stop stealing from me by breathing without paying me for it. My business model (you paying me for the right to exist) depends on these revenues, and by avoiding my fees - pirating your life, you are depriving me of an income.

      --
      This space available.
    54. Re:Sweet! by hardburn · · Score: 2, Informative

      There's actually separate copyrights held on the music, the lyrics, and the recording. Bars and cafes with cover bands are supposed to get a license from the songwriter (I believe there's a flat rate available from an industry trade group), but not the recording (since there isn't one).

      The "Happy Birthday" song makes an interesting case study of this. The lyrics appear to have a valid copyright, but the music is public domain. A quarter note had to be split into eighth notes to fit the "Happy Birthday" lyrics (originally "Good morning to you"), but this probably isn't enough to justify a new copyright.

      --
      Not a typewriter
    55. Re:Sweet! by Hoi+Polloi · · Score: 3, Funny

      Shouldn't the Egyptian government be paying royalties on pyramid tourist fees to the estate of Khufu?

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    56. Re:Sweet! by happyemoticon · · Score: 1

      I'm familiar with this argument. It's the same one that occurs when you give a toddler a cookie, the toddler eats the cookie, and the toddler cries that it doesn't have a cookie anymore. The artists were compensated just as surely as the toddler was given a cookie, and the cookie went into the toddler's mouth as surely as the artists' compensation went up their noses.

    57. Re:Sweet! by poetmatt · · Score: 4, Insightful

      And whose fault is it if they don't want to tour? Not ours? Not our job to supply someone else's income, you know. Whose fault is it they failed to make a product that gives people a reason to want to pay for it? This is why people fail businesses lately, and I have no sympathy for that.

      There are plenty of people who make their own CD and bootleg copies of it to make a living for example. Technobrega in Brazil is a great example of that. You're disputing how Much people should be paid for it, not if they should or not.

      People are paid for their work in a variety of fashions. You could sell it anywhere. The key word there is in some form you have to sell your music. Just because you made it in the past doesn't entitle you to be paid for it in the future unless you figure out how to sell it.

      The intent of copyright is to create a reason for innovation. When you have no financial incentive to create more things, where are you to say that there is innovation?
      When a DJ wants to mix your song but can't because you won't give him rights (or even royalties, or not enough royalties), are you "protecting your rights" or stifling innovation?

    58. Re:Sweet! by Hoi+Polloi · · Score: 2, Funny

      You are so cynical! Don't you know that this is being done for the sake of all of the struggling individual artists and writers out there? Politicians deeply care about them. It is NOT being done for bloated corporations like Disney who themselves originally profited from the public domain. They are not constantly seeking perpetual extensions of copyright protections just to protect their cash cows.

      It also being done for Santa Claus and the Easter Bunny.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    59. Re:Sweet! by JoshHeitzman · · Score: 5, Insightful

      People have no right to get paid for a single work for the rest of their life. Most people do not get this government privilege and I see no reason why musicians other artists should either.

      --
      Software Inventor
    60. Re:Sweet! by Anonymous Coward · · Score: 0

      Creation of new works is encouraged precisely because artists receive income for their work. Why not give them that income (and encourage new creation), by ensuring income until they die?

    61. Re:Sweet! by Le+Marteau · · Score: 1

      If you sound so bad you need a studio to make you look good, you shouldn't be performing in the first place.

      Wow, how parochial.

      There are bands whose very sound was defined by the studio, and whose sound is very intentionally pristine and over produced. Impossible to create anywhere outside the studio (I'm thinking Steely Dan).

      Then there are artists who do entire albums, with them playing every instrument (Steve Winwood comes to mind). Again, impossible outside of a studio.

      --
      Mod down people who tell people how to mod in their sigs
    62. Re:Sweet! by Critical+Facilities · · Score: 3, Insightful

      Because the ease of recording a work is so great

      You know, I've seen this argument used in similar threads a few times and it really bugs me. It completely reduces the art of songwriting/composing to the physical process, which is admittedly easier than ever. However, that does not mean that the ENTIRE process is easy. Recording the song(s) is fairly easy. Writing the songs is hard. I am a composer/musician and I assure you, the writing is the hard part. In the same way that buying paint, brushes and canvas is easy yet creating a masterpiece is difficult.
    63. Re:Sweet! by monxrtr · · Score: 0

      Imagine you are the first person to grow, eat, and sell food. Should somebody be able to open up a competing grocery store in your neighborhood, or anywhere else in the world for that matter? More competition just means you won't be able to price gouge as much, cutting into your potential economic profit. Opening a grocery store is as much a creative idea as writing a song. Now we can clearly see, violently establishing monopoly charter grants for lines of business, such as is done with copyright and patent, is exactly the same thing as the medieval ages guild system. That only results in less competition, less production, less innovation, lower quality, and higher prices. That's the economic analysis of reality.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    64. Re:Sweet! by Rudd-O · · Score: 1

      The "why not" is easily answered. Copyright's an incentive mechanism. If you give money to a software developer for the rest of his life, you NULLIFY the incentive.

      --
      Rudd-O - http://rudd-o.com/
    65. Re:Sweet! by Rudd-O · · Score: 1

      Because the test currently used by Congress is "how much money corrupt lobbyists gave me". It's so obvious it hits you on the face.

      --
      Rudd-O - http://rudd-o.com/
    66. Re:Sweet! by Anonymous Coward · · Score: 1, Insightful

      Write 1 hit song, get exclusive rights to it for 14 years. 13 years later, realize the gravy train is running out and you need to write another song... Sounds like incentive to me. Yeah, that's what I'm talkin' about. When the copyright expired on Shirley Temple's movies in the early 1980s, she should have simply transformed back into a 6-year-old singing, tap dancing girl.
    67. Re:Sweet! by KnightNavro · · Score: 5, Insightful
      You're missing the point. Some bands just aren't touring bands, like the Beatles post 1966. They continued to produce great music after they stopped touring (Sgt Pepper, Abbey Road, Let It Be...).

      A more modern band may not tour for several reasons. Perhaps they don't gig because he lives in New Zealand, the singer's in London, and the guitarist lives in LA. To make a track, each musician lays down a track and FTPs it to their server, where the next guy downloads it to add his part. Should they be denied the right to make money for their music?

      Another example is one or two guys hanging out in a basement studio who lay down six or seven instruments worth of music. Yeah, they could go on tour and play their one or two instruments live while flying in the rest, but I'd feel robbed if that's what I saw for a $20 dollar ticket. Plus, many audiences want to see same band live as they hear on the CD. They could take the huge financial risk of hiring a band, teaching them the music, quitting their day jobs, and doing everything live, but why not just sell the CDs, keep their day jobs, and make enough money to cover the cost of the studio?

      Another example is a supergroup or a collaboration where the various members only have enough availability to be in the same place at the same time for one week to create the album, then they have to go to their regular bands.

      There is no shortage of reasons that a band may not tour.

      I'm not talking about a 95 year copyright being reasonable (it's not), but to say that a band should make all its money by gigging is ridiculous.

    68. Re:Sweet! by wastedbrains · · Score: 1

      Completely agree that is what I was going to say. I built a website for a few companies when I was 15, should I go back and ask for more money every year they don't replace or change the website? Hell No. They have a few years to make their money then it's done transaction over. I also think it is complete crap when they talk about the artist getting paid for this, The artist 50 years later might be seeing 1% if that off sales after it goes through the corporate accounting system while the industry is still making millions of Beatles and Sinatra albums. We should stop paying this guy and tell him to get collect money for a job he did in his late teens. This stuff makes me so mad. Anyways just saying good point, I agree.

      --
      Dan Mayer: my blog, essays, art, etc
    69. Re:Sweet! by sm62704 · · Score: 1

      Well, you can start by lining these guys up against the wall... ;)

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    70. Re:Sweet! by blahplusplus · · Score: 1

      "The idea of working on something for a few weeks or months then getting payed for the remainder of your life seems kind of odd to me"

      They do it for software, lets face it. People in general don't give a rats ass about being "progressive" from a market standpoint, they want to get rich and STAY rich.

    71. Re:Sweet! by grumpyman · · Score: 1
      It's called civil disobedience, and when governments lose all moral standing it can be the right thing to do.

      Hence, I demand a régime change in the US and A!

    72. Re:Sweet! by monxrtr · · Score: 0

      Copyright can be eliminated purely by legal means of mimicking the tactics and actions of all copyright claimants. There isn't a single piece of copyrighted work that does not copy the ideas of innumerable others on innumerable levels. Lawsuits will completely bog down the judicial system. Those who want to police imaginary property have financial assets just begging to be seized. We don't want to be stupid unorganized, or ineptly organized 1960s hippies. We want results. A billion times more economic damage than the Boston Tea Party is already a good start. Also stop voting for false choices between mainstream political parties. Start voting third party, whether Libertarian, Green, or Independent.

      Also as technology allows for the transfer of ever bigger sized files at faster speeds it will be ever easier to rogue connect all the creative content ever created by connecting something as innocuous as a keychain sized flash drive. Long-term, copyright is ruined by simple supply and demand economics. And most importantly, don't buy any of this content ever again. Starve the bastards out, as assuredly as any classical siege of a medieval city.

      We can undertake competing propaganda campaigns, slogans, bumperstickers, such as "Copyright Is Terrorism!" Even big media like Disney likes to profit from the glorification of piracy. See "Pirates of the Caribbean". Just don't pay for seeing "Pirates of the Caribbean". Would a real pirate *pay* to see a movie which copies their lifestyle? I don't think so.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    73. Re:Sweet! by Anonymous Coward · · Score: 4, Informative

      The explicitly stated purpose of copyright is to encourage the creation of new works

      That's a nice myth, until you read this:

      Yet a close look at history shows that copyright has never been a major factor in allowing creativity to flourish. Copyright is an outgrowth of the privatization of government censorship in sixteenth-century England. There was no uprising of authors suddenly demanding the right to prevent other people from copying their works; far from viewing copying as theft, authors generally regarded it as flattery. The bulk of creative work has always depended, then and now, on a diversity of funding sources: commissions, teaching jobs, grants or stipends, patronage, etc. The introduction of copyright did not change this situation. What it did was allow a particular business model -- mass pressings with centralized distribution -- to make a few lucky works available to a wider audience, at considerable profit to the distributors.

      [...]

      The first copyright law was a censorship law. It had nothing to do with protecting the rights of authors, or encouraging them to produce new works. Authors' rights were in no danger in sixteenth-century England, and the recent arrival of the printing press (the world's first copying machine) was if anything energizing to writers. So energizing, in fact, that the English government grew concerned about too many works being produced, not too few. The new technology was making seditious reading material widely available for the first time, and the government urgently needed to control the flood of printed matter, censorship being as legitimate an administrative function then as building roads.

      [...]

      The system was quite openly designed to serve booksellers and the government, not authors. New books were entered in the Company's Register under a Company member's name, not the author's name. By convention, the member who registered the entry held the "copyright", the exclusive right to publish that book, over other members of the Company, and the Company's Court of Assistants resolved infringement disputes.

      This was not simply the latest manifestation of some pre-existing form of copyright. It's not as though authors had formerly had copyrights, which were now to be taken away and given to the Stationers. The Stationers' right was a new right, though one based on a long tradition of granting monopolies to guilds as a means of control. Before this moment, copyright -- that is, a privately held, generic right to prevent others from copying -- did not exist. People routinely printed works they admired when they had the chance, an activity which is responsible for the survival of many of those works to the present day. One could, of course, be enjoined from distributing a specific document because of its potentially libelous effect, or because it was a private communication, or because the government considered it dangerous and seditious. But these reasons are about public safety or damage to reputation, not about property ownership. There had also been, in some cases, special privileges (then called "patents") allowing exclusive printing of certain types of books. But until the Company of Stationers, there had not been a blanket injunction against printing in general, nor a conception of copyright as a legal property that could be owned by a private party.

      That's right. Too many works were being created, so they instituted censorship to curb and control the flow of enlightening material to their subjects. Then privatized that, and copyright grew from there as a self preserving reaction, after their initial monopoly had been dissolved. It was nothing more than a shameless attempt to continue that monopoly, at the cost of damaging our culture.

    74. Re:Sweet! by Bombula · · Score: 1
      In short, people are laboring, and that labor benefits just one person.

      Congratulations! You have just recreated Karl Marx's entire criticism of capitalism.

      --
      A-Bomb
    75. Re:Sweet! by cayenne8 · · Score: 0
      "What if they don't want to tour, or live performance doesn't fit their music?

      They're lazy or their 'art' really isn't music?

      I mean, what music (I mean the real stuff where you play an instrument and sing) can't be performed live?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    76. Re:Sweet! by milsoRgen · · Score: 1
      I'm just curious...

      and 50 years of copyright protection no longer give lifetime income to artists Why do they need to be compensated their whole life for a work? Does an architect continually get paid for a building he designed?
      --
      I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    77. Re:Sweet! by Hatta · · Score: 1

      I thought that by buying the CD you were buying a license to listen to the song, regardless of the media.

      No, by buying the CD you are buying a physical disk that contains a copy of a song. You may do anything with this disk you like that is not prohibited by law. There is no license implied or imagined, it is a physical item just like a hammer or a kite or a chair. Whether or not copying the song to an ipod is prohibited depends on your interpretation of fair use, or rather the judges interpretation of fair use.

      --
      Give me Classic Slashdot or give me death!
    78. Re:Sweet! by Anonymous Coward · · Score: 0

      Who cares if it has value or not? There has to be a cut off. Even nature has one for living organisms (death). So if a building has value the contractors and architect should get paid for every year it is used even if someone else owns it? Maybe they should get a cut of every building that looks similar? Enough is enough. You wrote some music, good for you. Make money off of it for a few decades and then it is over. If someone uses it in a commercial well too bad.

      Endless copyright extensions are to a free market like sand is in a joint, eventually it will start to grind and slow down. It is a form of excessive government regulation.

    79. Re:Sweet! by Hatta · · Score: 1

      You don't have to go to jail to have effective civil disobedience.

      --
      Give me Classic Slashdot or give me death!
    80. Re:Sweet! by SerpentMage · · Score: 2, Interesting

      You see the problem with parts of the Slashdot crowd is that they don't write the songs, or do the painting and don't realize how much work goes into the art.

      Let me compare this to painting. There are two ways you can go with painting. Painting masterpieces or production art. Production art are originals that are produced within a few days. Artists have to do this because people want originals and not reproductions. And people are not willing to pay oodles for something hanging on their wall. So the artist who paints is caught between a rock and a hard place.

      A musician on the other hand can take their time to come up with the next master piece because of copyright and the fact that people accept reproductions. Of course I some people who would never listen to a symphony on a CD and only live. But the reality is that copyright helps people earn livings.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    81. Re:Sweet! by MightyMartian · · Score: 1

      My understanding is that the Beatles have probably sold something in neighborhood of a billion albums worldwide. However, let's remember that the original recording deal they got with EMI was in fact quite low. I'm going from memory here, but I recall that John Lennon sued EMI in the 1970s because they were paying Beatles royalties rates on his solo records, and he had negotiated a much better rate than the Beatles' had.

      One of the dirty secrets of touring in the 1960s and into the 1970s was that a lot of British artists like the Beatles were getting money under the table for each show to avoid Inland Revenue. In the Beatles' case, the story goes that Brian Epstein and the promoter or venue owner would literally meet, shake hands and exchange a brown paper bag full of cash.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    82. Re:Sweet! by d34thm0nk3y · · Score: 1

      Maybe. But very few people are willing to go to jail to fight for the right to share MP3s.

      You can say that about pretty much any right these days.

    83. Re:Sweet! by sconeu · · Score: 1

      It also being done for Santa Claus and the Easter Bunny.

      Why not? After all, they're the guys who wrote Linux.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    84. Re:Sweet! by eldepeche · · Score: 1

      What right to make money for their music? If you don't have a product people want to buy, you can't sell it. If you can make money touring, great. If you can't, tough shit. A lot of people are tired of buying CDs.

    85. Re:Sweet! by Fulcrum+of+Evil · · Score: 1

      What if they don't want to tour

      Snhouldn't have signed to a label. The point here is that bands don't get the royalties they deserve from their labels.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    86. Re:Sweet! by eldepeche · · Score: 1

      "I do believe that if you are a small business owner playing music in your establishment, you are using it in a broadcast TO SELL GOOD AND THUS I SHOULD BE PAID TOO"

      That's probably because you're a dick.

    87. Re:Sweet! by Fulcrum+of+Evil · · Score: 1

      I'm sure you know this already, but the beatles aren't representative of most bands.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    88. Re:Sweet! by eldepeche · · Score: 1

      Copyright covers the expression of ideas, not the ideas themselves.

    89. Re:Sweet! by monxrtr · · Score: 0

      Yes, that line of legal attack can easily simultaneously void all the copyright statutes; the Supreme Court can't itself amend the term, it has no choice but to rule the laws unconstitutional.

      Anything which is created at time X must by definition be public domain well within the average lifespan term from the moment at which that something is created, in order for it to be promoting the advancement of the arts and sciences, from which the *privilege* of limited distribution comes at the audience expense of sacrificing their natural free speech rights of copying. Of course, there's zero incentive to respect any Copyright when the Copyright term has robbed completely, plus for an additional 70 years, the public domain return benefit of the promotion of the arts and sciences. No way is art more valuable than science; copyright should assuredly be for a length of term well *less* than a patent.

      But that's not all. It's also economically provable that all copyright whatsoever actually *hinders* the advancement of the arts and sciences, no matter the violently enforced length of term.

      But who knows, perhaps there are some Supreme Court Justices who would like to go on record humiliating themselves for posterity like Justice Sandra Day O'Connor's blatantly racist ruling on affirmative action being Constitutionally guaranteed fresh for a little while longer "limited" time.

      Then there's the whole RICO line of attack against the private party copyright police, jail terms for executives, forfeiture of civil assets, shareholder lawsuits. I'm sure we can organize and elect a D.A. at some local level to write her ticket to the U.S. Senate by suing the music and movie industry under RICO: tax evasion, a truckload of differing conspiracies, accounting fraud, interstate extortion, blah, blah, blah.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    90. Re:Sweet! by eiapoce · · Score: 1

      There are bands whose very sound was defined by the studio, and whose sound is very intentionally pristine and over produced. Impossible to create anywhere outside the studio (I'm thinking Steely Dan). Even Daft Punk, the most studio electric duo of all times, managed to go live here is proof http://youtube.com/user/daftpunkalive - I am sorry but if this Steely Dan it's not up to the task he doesn't deserve my money, live with it.
    91. Re:Sweet! by ghyd · · Score: 1

      Given the new Lisbon treaty is the same thing as the French and Dutch people voted against not long ago, Europe is on it's merry way toward authoritarianism.

    92. Re:Sweet! by eldepeche · · Score: 1

      Literally speaking, copyrights are for limited terms. Say today a copyright lasts 50 years. The Supreme Court decides that the term is limited.

      The next year, copyright has been extended to 51 years. SCOTUS says the term is limited.

      ...ad infinitum. Funny how that works.

    93. Re:Sweet! by Anonymous Coward · · Score: 0
      Writing the songs is hard. I am a composer/musician and I assure you, the writing is the hard part. In the same way that buying paint, brushes and canvas is easy yet creating a masterpiece is difficult.

      Next you'll say writing the next "Killer App" takes more than just buying a $300 Walmart PC? Please!

    94. Re:Sweet! by GaryPatterson · · Score: 1

      If a piece of music is still being bought, why shouldn't the one-hit wonder artist who wrote it seventy years earlier get a portion of the sale price?

      Who should get the money instead? The music company? They'd love that!

    95. Re:Sweet! by cayenne8 · · Score: 1
      "So the Beatles didn't make a dime after their last concert in 1966?

      Album sales are the sole source of income for many bands that don't tour. Lots of bands and artists that rely on heavy studio production can't effectively take their show on the road and live on album sales alone."

      The Beatles can't really be used as an example for today's music scene. When they toured, there was no such thing as the BIG stadium/concert hall PA system. They were playing with pretty much just regular amps on stage, and with the hysteria, no one could even hear the music. I believe it was the Stones on the '69 tour that really started the first concert hall set up with walls of amps, and equipment where you could play a place like MSG and be louder than the audience.

      When the Beatles were doing the White Album, they actually were trying to get something together to go out on tour again...they were hoping that getting out and performing in front of people again would help them as a group, but, alas, the little gig on the rooftop was as close as they ever came to it again.

      But, look at later McCartney tours...he did a number of Sgt. Pepper songs quite well....and Sgt. Peppers was definitely a studio album. Hell, look at Pink Floyd....they performed DSOTM and The Wall on tour which were definitely studio creations. Sure they don't sound exactly like the album, but, hell...who wants exact reproductions live? I'd rather hear a little jam or solo, or the current take the artist has on the song...which does change over time. Hell, listening to Zeppelin jam on a 20 min. version of Whole Lotta Love is much more fun often times, than just hearing the studio version.

      But, really....if the Beatles had survived....I believe they would indeed have started touring again since it was possible later to put on a good show.

      With today's technology...it is even more possible to recreate many studio moments while in a live venue.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    96. Re:Sweet! by cayenne8 · · Score: 1
      "There are bands whose very sound was defined by the studio, and whose sound is very intentionally pristine and over produced. Impossible to create anywhere outside the studio (I'm thinking Steely Dan)."

      Not a good example..Steely Dan has toured, I've seen a DVD of a tour from about 5 years ago...sounded GREAT live.

      With the technology out today...if you are a musician, you can recreate most of what you do live. In another post I gave examples of DSOTM and the Wall by Pink Floyd....definitely works created in the studio, but, they still performned them in their entirety live....often embellishing the songs with solos and improvs that made the live versions even more fun to see played....and hence, they sold live albums of the tours too!

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    97. Re:Sweet! by GaryPatterson · · Score: 1

      The issue is that the work is copied and sold many times, which is unlike most other businesses.

      When a book is published or a song is sold, who should get the artist's royalties after a short copyright expires? You know it'll just go into the publisher's pocket, even though we'd hope there might be a small price drop.

      I'd also argue that the amount of money available to spend on art is fixed. As time passes, more money enters the economy and, separately, more art is produced. The 'budget' for art is a moving amount in a normal economy.

    98. Re:Sweet! by Mr.+Shiny+And+New · · Score: 4, Informative

      The thing is, copyright is already "lifetime + 70" for the composers of the piece. The royalties in question in the article are for PERFORMERS. Now, performing music is hard, but so is surgery, and we don't pay surgeons once they retire.

    99. Re:Sweet! by jafuser · · Score: 1
      20 years seems reasonable.

      For reference, here are the top 10 grossing movies from 1987:
      • 3 Men and a Baby
      • Fatal Attraction
      • Beverly Hills Cop II
      • Good Morning, Vietnam
      • Moonstruck
      • The Untouchables
      • The Secret of My Succe$s
      • Lethal Weapon
      • Dirty Dancing
      • The Witches of Eastwick

      Top 20 songs:
      • Los Lobos - La Bamba
      • Rick Astley - Never Gonna Give You Up
      • Whitney Houston - I Wanna Dance With Somebody (Who Loves Me)
      • The Pet Shop Boys - It's a Sin
      • U2 - With Or Without You
      • Bon Jovi - Livin' On a Prayer
      • George Michael - Faith
      • U2 - I Still Haven't Found What I'm Looking For
      • Madonna - Who's That Girl?
      • Bill Medley & Jennifer Warnes - (I've Had) the Time of My Life
      • Madonna - La Isla Bonita
      • Jefferson Starship - Nothing's Gonna Stop Us Now
      • Michael Jackson - Bad
      • Mel & Kim - Respectable
      • Aretha Franklin & George Michael - I Knew You Were Waiting (For Me)
      • Bee Gees - You Win Again
      • George Michael - I Want Your Sex
      • Michael Jackson - I Just Can't Stop Loving You
      • U2 - Where the Streets Have No Name
      • Dusty Springfield & Pet Shop Boys - What Have I Done to Deserve This

      I'd say these have all pretty much had their run by now.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    100. Re:Sweet! by TheVelvetFlamebait · · Score: 1

      Because they can't get paid upfront, unlike the work done by most people.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    101. Re:Sweet! by TheVelvetFlamebait · · Score: 1

      The whole purpose of the copyright is to ensure progress, not individual riches.
      Most artists don't actually gain many individual riches from single bodies of work. Some do but most don't. And if those artists aren't with (or at least weren't previously with) a label distributing far and wide, they can just forget it. They're almost certainly doomed to a life of poverty, where the incentive to produce is very weak. Shortening copyright lengths may not actually be that bad, it's just we'd have to accept that much of the commercial indie sector would stop producing.

      They would be free to switch to a higher bidder or better marketer, a freedom which in itself would cause an increase in worth for their product.
      The artists already have that option. If they don't feel that deal is fair for their copyrights, they can sell them elsewhere. The fact is that the ability to sell actually increases their value. It adds security to the agreement, and security is a big player when making the kinds of investments that the labels make.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    102. Re:Sweet! by mini+me · · Score: 1

      but to say that a band should make all its money by gigging is ridiculous.

      All the band has to do is sell their first CD for the amount they feel the collection of songs (or perhaps just one song) is worth. After the purchase has been made it doesn't matter how many times it gets copied, the artist already has the money.

      I realize that one person most likely will be unable to afford the price of the first CD, but groups of people can pool their money to purchase the copy. The internet makes this step easy.

      Now you might say that music that people want to hear will never be released because the funds cannot be raised, but isn't that what capitalism is all about? There are a lot of things that I want, but cannot afford to produce on my own. I know that until there are enough people willing to put the money into the product, I will have to live without it. It's really not that bad, and it won't be the end of the world if the latest Britney Spears album doesn't see the light of day either.
    103. Re:Sweet! by Chosen+Reject · · Score: 5, Insightful

      I think I can understand why it bothers you. Are you the type of person who thinks price is related only to cost? Are you the type of person who thinks price and value are the same? If you are, then that is why you have such a hard time with it.

      First, price and cost are two unrelated things. As an example, diamonds cost a whole lot more than they cost to extract from the earth. And there are some things that are priced only slightly more than they cost to produce, otherwise nobody could sell it at a profit (ignoring loss leaders here). So yes, it is hard to create music (cost), but the market doesn't price it that high. Part of the reason the market doesn't price it much is because recording costs are practically nil. That might seem a contradiction, but what I'm really saying is that copies are so easy to make, that they become an infinite good. You cannot create a business around infinite goods alone. You have to sell something other than the copy, because copies are so easy to come by.

      Second, price and value are totally separate beasts. As an example, air is invaluable to humans, but a business would have a hard time making money by selling it because it is so abundant. Again, because copies of music are infinite goods, prices come down. The value is still the same. That is, no one values music less just because it's easy to copy, they just get it free.

      That is why the only way to make money off of albums is to try to control it with the threat of law and DRM. The problem though is DRM doesn't stop piracy, but instead annoys paying customers[1]. And copyright law is becoming so ludicrous (including what some copyright holders are doing to enforce it) that people no longer have respect for that law.

      Artists have to realize that. This is really a business model issue. Somebody above asked what happens if the musician didn't want to tour or the live performance didn't fit their music. They have several options. They can decide not to make their music, they can make their music and release it to the world for free, they can try to control it with DRM or threat of law (as mentioned above, this isn't looking all that good), or they can find other ways to make a profit from it (perhaps commissioned work, or have performances where they introduce each prerecorded piece). The first option doesn't get anywhere, the second option might not make any money but may get them recognition for a job making music (say for movies or operas or something), the third option is what a lot are doing now, but the fourth option can make them money.

      [1]I watched Spider-Man 3 the other day and I swear there were at least three copyright notices before I started to watch the movie. That is just stupid. Copyright infringers (which are the people making copies to sell or give away) aren't going to pay attention to it, and are probably going to not copy that part anyway.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    104. Re:Sweet! by Chosen+Reject · · Score: 2, Insightful

      To be honest, the oldest Shirley Temple should have been when her copyrights expired was 6 + 28 = 34 years old. Still not a 6 year old singing, tap dancing girl, but you would think that after 28 years she should have been able to think of something to make money with.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    105. Re:Sweet! by Damarkus13 · · Score: 1

      Removing long term royalties would make this next to impossible for writers. Most writers would have to continue working at least part time jobs while getting a trickle of income from their newest works. That is not in the interest of the public at large, when the artist could be creating mildly successful works of creativity full time. How many books, that don't fly off the selves initially, ever see a second printing? I just don't beleive that publishers would fork out the money to republish (especially books since they cost considerable more per unit to publish than music) if they don't see a reasonable return. So, most writers don't see royalties for the rest of their lives anyhow.
    106. Re:Sweet! by Pentalon · · Score: 1

      Why can't or shouldn't musical artists make money from album sales? How is this different from a movie or TV company making money from DVD sales?

      Considering that movies are much more expensive to make than audio albums, it's even more confusing. Some movies take a loss in their "live performance" phase only to make it up with the DVD sales, so I don't necessarily believe that DVD sales are just extra profits.

      The distribution, marketing, and availability models are different between music, TV, and movies. Does this explain why music artists can't make money off their recordings? Is their a difference in the supply/demand curves between albums and movies?

    107. Re:Sweet! by Incadenza · · Score: 2, Insightful

      The intent of copyright is to create a reason for innovation.

      Says who? It certainly is not in the law book. What you - and a lot of others in this thread - do, is attributing a reason to the law and then attacking that reason.

      You might as well state that, as most laws, copright law is a moral law. When somebody makes a chair, it is fair that he'd be paid for that. When somebody cuts your hair, it is fair that he'd be paid for that. When somebody teaches you a course, it is fair that he'd be paid for that. When somebody makes the music that you listen to, it is fair that he'd be paid for that.

      The fact that you cannot 'copy' the chair, and as such either have to pay for it (considered morally right) or steal it (considered morally wrong) does not make it morally right to copy the music without payment. You see, you try to double negate your morals here: when it is not stealing (because they product is still there) it is ![morally wrong] so it must be [morally right]. I'm sorry, but that is not how morality works.

      Whose fault is it they failed to make a product that gives people a reason to want to pay for it?

      Come on, who want to pay for _any_ product? You only pay for products because you _have_ to pay. Nobody wants to pay for gasoline, but it makes people feel bad when they nick it from the neigbours car, that is why they fork over the money for it.

      Just because you made it in the past doesn't entitle you to be paid for it in the future unless you figure out how to sell it.

      Oh yes it does. The fact that I rented out my house for 50 years or so, doesn't give you any right to squat it. The fact that I sold my music for 50 years or so, doesn't give you any right to copy it. You know, you can look at this copright expiration date from another point of view as well: because we consider eternal copyright (where copyright would be passed along in the family, like real estate) immoral and impractical, copyright has an expiration date. But the question is not how _early_ to set this expiration date (because we all want everything for free) but how _late_ (because we find it morally right to compensate people for their work). That's why this European commissionar wants to expand copright to 95 years.

      When you have no financial incentive to create more things, where are you to say that there is innovation?

      Ok, that does is it: hand me over your pay check NOW. You now, it is for the better of humanity. The more financial incentive you have to work the next months, they better we all will be. What a load of bollocks! Who are you to tell people how to innovate? Mr. creative genius himself? You know, having a steady flow of income from past music/inventions/etc. might just give people the time and freedom to do innovative stuff. Or do they have to fill in multiple forms for subsidies at your governmental office, stating in advance what they are going to innovate?

    108. Re:Sweet! by uncoveror · · Score: 1

      Because a copyright on an old work expiring will motivate artists to create something new now much more than a lifelong gravy train. Locking up ideas as property at all is a shame, but if that's what it takes to motivate creative people, I can reluctantly accept it, but copyrights should last no longer than patents, and patents last long enough as it is.

      --
      The Uncoveror: It's the real news.
    109. Re:Sweet! by slashname3 · · Score: 1

      You should put this in terms that /. readers can understand. Copyright for songs is similar to copyright for programs. It takes time and sweat to create a good program. But once it is created it can be copied and used time and again with out any additional effort. The problem as I see it is that for some reason people want to use copyright to generate a perpetual cash cow. Copyright should be used to allow the original author to get the benefits of the effort. But we don't want the best programmer in the world to create a single program and then go retire. Let them get the benefits but make the copyright short enough so that they will go out and create another great master piece. IMHO copyright of 20 or 30 years should be more than enough to achieve the desired effect. If it continues as is they will extend copyright to infinite which eventually will suffocate the music and programming industry in law suits over who holds the copyright to that particular three lines of code that you happened to include in the next great program or the five notes that were used in that song. We can not live off of law suits. There must be new things created. And as most intelligent people realize most things are built on the work of others. A little from here a little from their, eventually someone puts a number of good ideas together and generates a master piece.

      There was a short story I read many years ago that predicted this very thing. It got to the point that all the possible music combinations had been created and nothing new could be created without violating copyright. That is the day the music will die.

    110. Re:Sweet! by Anonymous Coward · · Score: 0

      Album sales are the sole source of income for many bands that don't tour. Lots of bands and artists that rely on heavy studio production can't effectively take their show on the road and live on album sales alone.


      If they only sound good by being over-produced on a soundboard / computer, then perhaps they should rethink their "career" in music?

    111. Re:Sweet! by poetmatt · · Score: 1, Informative

      Says who? sure. How about the US version: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."" That's the US equivalent, but if you want I'm sure there's an EU one, otherwise there wouldn't be copyright. Even bad and bullshit laws have to have a reasoning behind them.

      So we give you something, for a limited time, so that we promote progress of science and arts (aka we give you some money, so that next time you make more money by making more things). As said above. LIMITED TIME.

      Also, chairs and music are not the same. Chairs are physical, and music is not necessarily. Where's an apples to apples comparison? Fact is, chairs can be copied, and a copyright does not stop people from making the same thing as you in their own way or improving it. You don't own a copyright on "the chair"Patent and copyright are different situations.

      Additionally, no. People are not forced to pay for anything, whatsoever. You aren't forced to pay for gasoline. Thats the beauty of capitalism. Your money can be used in any way you choose. Paying for which necessities with which money is once again, not an apples to apples comparison. You aren't forced to support any gas company either, for example. Stealing is its own thing completely unrelated. Saying people have to pay for gas is like saying people have to pay for a CD because XYZ person says so. No, not in any economy on the planet, are people in such a situation. There are taxes, but there are not "Forced expenditures".

      Oh, and with a house as you came up with, you don't own it. Just because you own the house doesn't mean you own the land. Just like how artists unknowingly give up their rights to an album and its more than likely scooped up by a large record company. Once again another not equal comparison here. Just because you sold your music 50 years ago doesn't mean you deserve new money off it if you fail to come up with a reason for people to give you the money. Being that 90% of all consumers or so, worldwide, generally are happy to give up their money, if you fail to find a way to justify new money then that is just fail.

      If you're smart with money, once you have some, you can simply make more with investing. Make that few million and if you're smart you can simply make more at that point.

      Musicians don't live 95 years after their music is created. Are you saying that just because you make the next big hit song now, that you, your children, and your children's children should be able to live off your success without having to do something smart with it on order to keep it? No, no support of nepotism caused as a result of this, Thanks.

      You may as well say you deserve a copyright forever. If you do so, you'll come up with nothing new, and eventually your profits are going to die off and so will your business. The only thing you can own is what is in your hands. Anything not in your hands, you cannot feasibly own forever in any definition. By context, the minute an idea or thought leaves your head, it is no longer solely owned by yourself.

    112. Re:Sweet! by poetmatt · · Score: 1

      Nobody said they can't make money off album sales, its just an album itself is not going to fit as an ongoing permanent business model. You're selling something that has a scarcity, and once the demand is gone, then what? Nobody is obligated to buy any cd. You're going to have to come up with something to increase your revenue. Continuing to do the same thing will just let things slide. I'm saying nobody has to make money off album sales, and a majority of artists make far more money off touring/concerts. I would imagine a part of that is attributed to the fact that the labels own and control how much royalty is given to the artists on large labels.

    113. Re:Sweet! by baboo_jackal · · Score: 1

      This whole discussion really points to the question of how do artists make a living? I mean, artists of all genres and media are creators of unique, valuable stuff. But I think the real issue is this:

      The actual value of the act of simply creating art has always been exactly zero. (Ever read the book, "Making Money Making Music"? It's all about budgeting, hiring, firing, and performing. Nowhere does it mention, "Write a beautiful song and the world will throw money at you for your creation!") That reality has been recently exposed via technology: Once you make a movie/song/picture/painting and make it available to the world in whatever format, no matter how limited or constrained (i.e., DRM), it can and will be copied and made available to everyone, for free.

      The traditional revenue model for artists has never involved the unquantifiable, intrinsic value of their art - The way people have made money making art has historically been to provide the service of seeing/hearing/experiencing their art. But now that the "admission price" to view or hear their creations is essentially free, there are only two rational ways to make money making art:

      1) Come up with some other way to provide value to art consumers - Convenience (i.e., iTunes), uniqueness (i.e., live shows, or maybe signed prints), and quality (DVDs with neat box-sets and extra stuff, etc.) are three that come to mind immediately.

      2) Make laws that require people to pay your "admission price."

      I think that option #2 is kind of like the Little Dutch Boy.

    114. Re:Sweet! by beav007 · · Score: 4, Insightful

      How about "get a real job, like everyone else"?

      Honestly, how many people here expect to be able to design a and then sit back for the rest of their lives receiving money for it? You get paid for your time, and then you get given the next project. You stop working, you stop getting paid.

      Disclaimer: I am a non-recording (hobby) musician.

    115. Re:Sweet! by murph · · Score: 1

      You're missing the point. Some bands just aren't touring bands, like the Beatles post 1966. ........ Should they be denied the right to make money for their music?


      I think that you may be missing the point. If a band doesn't want to tour, fine, they have 14 years (for example) to make all the money that they want off of their work. After that, the copyright expires. That doesn't mean that they can no longer sell their music. It just means that they lose the exclusive rights to it. If someone else wants to include their songs on "Greatest Hits of 14 years ago" they can no longer sue for copyright infringement. That's all. They can still sell albums, or maybe get together again and do some new material. They're not being denied the right to make money at all.
      --
      I don't care about your karma, I don't care about what's hip. --Weird Al
    116. Re:Sweet! by repapetilto · · Score: 1

      I don't get it, why are you a professional artist if its hard to make money doing it? Like I said in another post I cant come up with many artists (of any type) who's quality of work increased greatly after they first became big time (when they were obviously doing something else to make a living while creating the work of art). Good artists will make cool stuff whether they can make a living off it or not because they enjoy doing it, making some money is just a bonus.

    117. Re:Sweet! by drsmithy · · Score: 1

      What if they don't want to tour, or live performance doesn't fit their music?

      Then tough shit. The rest of us poor sods have to go to work every day to earn money, why should they be any different ?

      I'd just like to get this clarified: The claim here is that people have no right to expect to get paid for recordings of their works?

      They should have no right to expect to be paid more than once for a given amount of work just like everyone else .

      In all the debates about copyright, not once has a reasonable justification been given why people who deal in imaginary property be given such such massively generous benefits and rights compared to everyone else.

    118. Re:Sweet! by drsmithy · · Score: 2, Insightful

      This whole discussion really points to the question of how do artists make a living? I mean, artists of all genres and media are creators of unique, valuable stuff. But I think the real issue is this:

      No, the real issue is that the vast majority of art is not outstanding. That is, there are tens of millions of people the world over who could produce something as good. Ie: if you're not producing outstanding art, your work simply isn't worth much, because everyone knows at least one person who can do it just as well.

      Being a really well marketed ditch digger, still doesn't make you anything more than a ditch digger.

      (The same applies to all you "programming is creative" types. Yes, a small proportion of programming is "art". However, most of it isn't, and the average "software engineer" is the IT equivalent of a bricklayer.)

    119. Re:Sweet! by MisterCaptainFunKill · · Score: 1

      Exactly! If artists are being compensated through a tax on blank media, then that means we don't need to compensate them further on what we download! Open season, everybody!! Fire up those p2p clients cause our dues are being paid automagically.

    120. Re:Sweet! by DragonWriter · · Score: 2, Interesting

      If they don't get compensated for their work, there is no incentive to create new things. If you don't allow them to charge for distribution of their work, they are not getting compensated.


      Most copyrighted works make most of their money in the first handful years. A 15 year copyright would enable virtually every artist and author to make just as much money as they make under a 95 year copyright.

    121. Re:Sweet! by LifesABeach · · Score: 1

      All that really remains is finding out which record label bribed this person.

    122. Re:Sweet! by Dantu · · Score: 2, Insightful

      Because they can't get paid upfront, unlike the work done by most people.

      That's not necessarily true, it's just not "how things are done". As many ./ers know, most software development is protected by copyright, but the programmers don't get royalties, they get paid for the work they did, not the product itself. Copies of something someone has done cost that person nothing to produce, so nothing is intrinsically owed to that person except perhaps citation. The problem of course, is that if goods that can be copied very easily (say a song vs a car) had no additional protection, very few of them would be produced. So we offer a "carrot": if you produce a recording, we will give you exclusive rights to copy it for X years. The purpose of this is to induce people to produce things that society values, NOT to "fairly compensate" people. No one is forced to produce these goods, so by definition any compensation they receive (assuming that the rules don't change after-the-fact) is fair because they chose do do the work for that level of compensation.

    123. Re:Sweet! by cpt+kangarooski · · Score: 2, Informative

      I've never understood why the Supreme Court does not use that as a test of what is a reasonable copyright term.

      Three reasons.

      First, the issue rarely arises, so they haven't put as much thought into it as they would for some part of the law that is frequently invoked. Second, they, like most people, are fairly susceptible to the idea that the side of authors and copyright-oriented publishers is more apt to be in the right on a copyright case than people who want the works to be in the public domain where everyone can use them in an unrestricted manner, for free. As Lessig said, it is hard to win a case against all the money in the world.

      But third, and most importantly, the Court is aware that the judiciary is a co-equal branch of government with Congress, and is neither superior, nor inferior. Thus, it's inappropriate for them to act as a super-legislature, approving or vetoing laws merely because they think they're wise or foolish. They have to be more circumspect in their duties. So they tend to give Congress a decent amount of leeway. There are limits on Congress, but they're not as constrained as some might hope, wanting the courts to permit only wise laws to survive scrutiny.

      But as you increase the copyright term, you get diminishing marginal returns. Eventually the yield in creative output is outweighed by the opportunity cost of not allowing society to have unencumbered use of the material. A law that extends copyright beyond that balancing point should be considered unconstitutional.

      That's about right. Note, however, that the term length of copyright is only one factor. The scope of copyright (what is protected, what isn't, what exceptions there are to that protection, etc.) is also part of the analysis. Broad copyright with few exceptions is bad just as very long copyright terms are bad.

      Additionally, you've set the balancing point too far out, to the benefit of the copyright maximalists. The baseline for copyright is not whether the public benefit of copyright matches the public detriment incurred by having it, but rather it is when we have no copyright at all. If a copyright law produces a net public good less than if there was no law at all, then we'd clearly be better off without the law in question. I believe that there would be more of a net public good at that point than the one you describe (since there are, after all, other incentives for authors besides copyright, and for all works to be in the public domain is entirely in the public interest).

      Of course, the ideal we're aiming for is not merely a law which is equally as good as, or only marginally better than, no law at all. What Congress should aim for is whatever copyright law produces the greatest public benefit and the least public detriment, i.e. the greatest net public good. Just barely permissible isn't really going to cut it.

      Fortunately, of course, while the Court allowed the CTEA to stand, they were skeptical of it (I believe that most of the justices didn't think it was actually a wise law, just a constitutional one), and indicated that they probably wouldn't let it slide; infrequent retroactive extensions might be okay, but a pattern of 'Add twenty years every twenty years' wouldn't be. We'll find out soon enough, though (unless Congress comes to its senses).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    124. Re:Sweet! by aliquis · · Score: 1

      Yeah, but hopefully he got paid for his opinion, if not he must be really retarded. In any case I won't let him lick my balls.

    125. Re:Sweet! by cpt+kangarooski · · Score: 1

      When a book is published or a song is sold, who should get the artist's royalties after a short copyright expires? You know it'll just go into the publisher's pocket, even though we'd hope there might be a small price drop.

      ???

      When the book enters the public domain, there is no more royalty for the author. But the publisher cannot, as you suggest, only slightly reduce the price and pocket most of what the author had been getting. The book is in the public domain, which means that anyone and his dog and start copying, publishing, and selling it without restriction. This means that the price of a copy rapidly drops to just barely over the marginal cost of the copy. A nice hardback with leather covers and good paper can sell for a decent price, but you can just as easily get a cheap paperback on newsprint for far far less, or just download it for free from anyone who wants to offer it (e.g. Google Books, Project Gutenberg).

      So the price drop is a lot more substantial than you think, unless you are terrible at shopping for stuff and pay too much.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    126. Re:Sweet! by cpt+kangarooski · · Score: 1

      Piffle. First, you could just keep going south; in Mexico, the term is life+100, IIRC. Second, the US has traditionally had good copyright laws. We royally screwed up with the 1976 Copyright Act, and the 1909 Act was certainly no prize, but it wasn't quite awful. Europe, particularly France and Germany, has been the home of outrageous and terrible copyright laws. In fact, a lot of the worst excesses of US copyright law are based on already-existing European laws, or were proposed as part of treaties in order to sneak them in (i.e. via the USTR and the Executive branch, rather than originating in Congress from the get-go).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    127. Re:Sweet! by cpt+kangarooski · · Score: 1

      Well, it's not as though scarcity is actually desirable. If you had a Star Trek replicator, you could feed the world with it (after replicating up some more replicators so that everyone could have their own). It would destroy professional agriculture and animal husbandry, but we'd all be much better off. (Amateurs who didn't make a living by breeding new varieties of food would presumably keep at it, and might even be encouraged by the new ease of spreading their creations)

      Well, it's pretty easy to copy creative works. We don't need a magic replicator; we've had the technology ever since we developed language. Writing made it easier, as did printing, computer technology, etc.

      If we're going to restrict this, it needs to be for a better reason than merely because the restrictions keep certain people in business. That's no better than saying that we must let people starve in order to protect farmers. I think there is a valid reason to have some kind of copyright law (though probably not so much as we currently have) but you don't seem to have stumbled upon it yet.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    128. Re:Sweet! by cpt+kangarooski · · Score: 1

      The obvious flaw in your argument is that software becomes deprecated over time. Music, movies, and other entertainment IP doesn't.

      Oh yes they do. A Tale of Two Cities was published almost 150 years ago. It was popular at the time, and has remained so. Now name the other ten or so best-selling novels released that year (which means they must've been pretty popular) and tell me if you've read them, or have meant to, or have even heard of them.

      The economic value and popularity of all works (with very very few exceptions) declines over time, often very rapidly, within a few years, in fact. As a result, you only remember the very very few exceptions, and so you think that all works remain popular.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    129. Re:Sweet! by cpt+kangarooski · · Score: 1

      But who's going to pay that X million? Nobody, that's who.

      What if they offered to sell it for X million dollars, and I got together with X million of my close friends on the Internet, and we all chipped in one dollar. The whole deal could be handled by an escrow agent who would hold on to a copy of the work until the pre-set amount was met, and would then release the work, and deliver the money to the author. If enough money didn't get paid, then the author could retract his offer or reduce his price. Once the work was released, it would be in the public domain.

      This isn't a new concept. Look into the Street Performer Protocol.

      So instead they make lots of copies and sell them each for a much lower price.

      Sure.

      Of course, bear in mind that any work can be a flop, and never net the author one dollar. If he invests up front and publishes, then a flop can be devastating. Investors (if there are any) can try to control the author so as to produce a more popular work, but they're still guessing a bit since they aren't actually the audience.

      If the audience is the investor, as described in the first model, then they can do a better job of making sure that the author does what they want. For example, instead of a lump sum of X million, it can be broken down into various sums as certain milestones are met. You can see the plot for X/10 million, and either continue to invest or pull out. You can see the first draft when X/5 million has been paid, and so forth. If the author hits a sour note, he'll have to fix it in order to proceed. This takes some of the risk out of the whole affair. The paying audience knows it will like the work, since it has been made to order. The author knows the work will sell, since he's been selling it in little chunks all along.

      As authors gain a reputation, they might get more creative freedom. American Graffiti-era Lucas might get watched closely as he makes Star Wars. Star Wars-era Lucas might get a freer hand for Empire. Empire-era Lucas might not get supervised at all for Jedi. And then people have to start looking Jedi-era Lucas' shoulder lest he do something even dumber, like Howard the Duck, Willow, or the Star Wars prequels.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    130. Re:Sweet! by cpt+kangarooski · · Score: 1

      Well, the EU may deny it, with silly babble about droit moral and other such crap, but yeah, any legitimate copyright system is utilitarian. Otherwise it just doesn't work and doesn't make a lick of sense. We're up front about that in the US, we just haven't been living up to it lately.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    131. Re:Sweet! by cpt+kangarooski · · Score: 1

      Removing long term royalties would make this next to impossible for writers.

      No, not at all. It's not a bell curve; it's more of a long tail. Most authors make nothing from their copyrights (as distinguished from their works). Of the remainder, most make a pittance. Of the remainder, most make a decent amount. And so on until the handful left at the end make a whole lot of money. It's similar to the graph of people who play the lottery and how much money they win. In fact, the odds are even pretty similar.

      Short term royalties wouldn't have much of an impact; for all but the smallest handful of works, nearly all the money is made within a few years. A nickel every six months for the next several decades is hardly going to support you.

      Most writers would have to continue working at least part time jobs while getting a trickle of income from their newest works. That is not in the interest of the public at large, when the artist could be creating mildly successful works of creativity full time.

      Actually, what is in the interest of the public is for the authors to create those works full time without the public having to pay for it. If we're going to have to pay for it (in the form of copyright, and the monopoly pricing that comes with it), then we merely want to get the most writing 'bang' for our buck. If we can get 90% as much writing done for 10% of what we're paying now, then that is in the public interest. The small number of higher priced writers may very well not be worth it. We may be better off without them.

      It should be set up in terms of the author's life, plus a small bit of time past that

      I completely disagree. Term lengths should be perhaps 2 years from publication, with varying numbers of renewals available, up to a maximum of around 25 years from publication (perhaps less). The public isn't served by supporting authors for life; it is served by having new works created for the least copyright cost. So long as authors will work cheaply (and they do, since most can't create works that have lasting economic value), we should pay them cheaply. It is wasteful to suggest otherwise.

      Also the fixed terms of years means that authors need not fear death more than anyone else; it won't affect their copyrights. And this helps everyone else, by being able to build public domain publishing businesses with the expectation that various works will enter the public domain no later than some fixed date.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    132. Re:Sweet! by cpt+kangarooski · · Score: 1

      Considering that Sir Paul is worth an estimated 1.5 to 2billion, $US, you might want to rethink that.

      Well, he was in Wings, and Wings was more popular than St. Eleutherius of Nicomedia.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    133. Re:Sweet! by cpt+kangarooski · · Score: 1

      So how much money have you paid to the Shakespeare estate? Or the author of the Bible?

      There is nothing wrong with people other than the former copyright holder making money from public domain works, and anyway, it's not that that person can't publish too. And it's especially good for the public, since the competition lowers the price to the marginal cost of the copies. Often that means free, these days. There's nothing wrong with getting things for free.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    134. Re:Sweet! by Wo1ke · · Score: 1

      I don't get how this copyright does anything for the artists. If they aren't rich in 50 years, they're not going to be.

    135. Re:Sweet! by cpt+kangarooski · · Score: 3, Insightful

      That's true; you could eliminate copyright for the fine arts and it really wouldn't have much of an impact at all. Picasso didn't make his money selling picture postcards, after all. (Though he was known for dashing things off from time to time in lieu of cash payments)

      But the reality is that copyright helps people earn livings.

      But that's not a good enough reason. I mean, if you merely wanted to give money to authors, why not just dole it out, or give them a big tax break or something? Copyright is meant to serve the public interest, not to help authors. It just happens to help authors as a means to an end. It's not written in stone that we have to do it at all, though, or that the current laws are the best ones.

      What if we could reduce copyright, thus yielding a great benefit to the public in terms of more freedom with regard to works, but without significantly reducing how much money most artists make? Wouldn't that be great? Well, we can do it, because current copyright law is so very far out of whack.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    136. Re:Sweet! by slater86 · · Score: 1

      Damn straight.
      I suppose they're going to assume that all blank media is used for copying music while they're at it.

      --
      When people ask if I'm an optimist, I say "I hope so". --Bill Bailey
    137. Re:Sweet! by baboo_jackal · · Score: 1

      No, the real issue is that the vast majority of art is not outstanding.
      I think you missed my point. Outstanding or not, any work of art that is able to be experienced for free can't be used to generate money all by itself. In order to make money making art, you have to provide your customers with something valuable that they're willing to pay for. Unfortunately, simply experiencing your outstanding piece of artwork just doesn't count, unless it's something like a live concert or exhibit. There's also the purely snobbish value of *owning* a piece of tangible art, too.

      Like you said, that's all moot unless what you've created is actually good. I'm not disputing that. My point is that, even if it's good, in today's age of freely distributable art, you *still* have to provide some other form of value in order to make money with your art. That, or depend on Government to make it illegal to freely distribute your art.

      The same applies to all you "programming is creative" types. Yes, a small proportion of programming is "art".
      The Programming-is-Art idea is ridiculous. The purpose of programming is *not* to produce godly-clever, aesthetically-pleasing snippets of code. It's to provide useful things to people. Sure, some piece of code that one writes could be clever and artful, but that's ultimately secondary to its actual purpose. I mean, construction workers do clever, artful things in the construction of a house. But that doesn't make their work *art*.
    138. Re:Sweet! by mektronik · · Score: 1

      I have written several for a number of different companies. Guess what!?!?! I designed, coded, tested and QA'd it all my self. I got paid a wage, no more! Maybe if your company produces a peice of software and the first person to buy it starts giving it away your company has a really really really bad marketing department! And is too lazy to do customer relationship management. People don't just start using stuff that is given away you know. There's still something called REPUTATION out there. And it matters.

    139. Re:Sweet! by OeLeWaPpErKe · · Score: 1

      Let's make a small addendum. If other people (NOT: you yourself) DON'T stop paying for music, then accept these laws. But I guess that isn't an option for you. Democracy only for your ideas, and damn the potential cost of it, right ?

    140. Re:Sweet! by chainLynx · · Score: 1

      What are truly ridiculous are your examples. I grant that these scenarios may be possible, and perhaps all of them have occurred at some point in time, but you've covered about 0.001% of all artists there.

      The vast majority of artists make the lion's share of their money off of touring. The only exceptions are mega-artists like Metallica and Madonna and The Beatles.

      A band doesn't need to tour to make (good) music, of course. And there is no question that new music creation and distribution benefits society. The pertinent question is, are we as a society willing to give up certain freedoms in order to perpetually pay these artists' executives? Don't believe that all creativity will vanish if artists can't get directly paid per-song royalties -- to do so is to misunderstand an artist's motivation to create.

    141. Re:Sweet! by OeLeWaPpErKe · · Score: 1

      Which is, obviously, the real reason civil liberties are being eroded. It is not, in other words, Bush's fault. But wait, blaming Bush means you don't have any blame. Isn't this supposed to be what you people had against previous authoritarian governments ? They at the very least defended *some* civil liberties, while today most people can't even be bothered to defend other's right to live.

      If I'm wrong, who's gunning up and coming to kill muslims in darfur with me ?

    142. Re:Sweet! by sepiid · · Score: 1

      I hate copyright to begin with, but I think the best idea is this; Allow a copyright to run as long as the individual that created the work is alive, once dead no more copy right. And, if it is a business that created the copyright, then it should only last 1 generation (in my head is about 25 years) Sepiid

    143. Re:Sweet! by fastest+fascist · · Score: 1

      How did this get modded so high up? I can't even parse your sentence. Is this what you meant to say:
      "I do think that people should be able to get paid for recordings if you want to [pay them], but if you don't want to, you know, [they can] go out and do a job every day like everyone else does, maybe you shouldn't complain that you aren't getting paid every week living everyone else is."?

      or this:
      "I do think that people should be able to get paid for recordings if [they] want to, but if [they] don't want to, you know, go out and do a job every day like everyone else does, maybe [they] shouldn't complain that [they] aren't getting paid every week living everyone else is."?

      Seriously, wtf are you saying? Who is the "you" in your comment? When you say "people should be able to get paid for recordings if you want to", who is doing the wanting and what do they want? The people? Me? Who?

    144. Re:Sweet! by Downside · · Score: 1

      Write 1 hit song, get exclusive rights to it for 14 years. 13 years later, realize the gravy train is running out and you need to write another song... Sounds like incentive to me.

      Wrong! It goes like this: write one hit song, get shafted by the record company contract and their creative accounting of the resultant "profit", end up owing them money by the next year

    145. Re:Sweet! by Critical+Facilities · · Score: 1

      Are you the type of person who thinks price is related only to cost?

      No. I do not think that the price is exclusive to cost. I can grasp that supply and demand are really the forces at work. However, you must bear in mind that cost is a factor, regardless of it not being the only factor. Yes, it's true that various products are priced differently in relation to their actual cost to produce, however none of them are priced less than they cost to produce. While it is difficult to quantify the "intangible expenses" like the time and effort to compose a piece of music, that doesn't mean that one can just gloss over them.

      copies are so easy to make, that they become an infinite good. You cannot create a business around infinite goods alone. You have to sell something other than the copy, because copies are so easy to come by....Second, price and value are totally separate beasts....Again, because copies of music are infinite goods, prices come down. The value is still the same.

      This isn't the point I'm trying to make, maybe I'm not communicating it well. I'm not suggesting a system where a person can compose/write a piece of music or song and be afforded the chance to become ludicrously wealthy based on (seemingly) minimal effort. On the other hand, I reject this notion that music/songs/compositions are merely the recordings or even the performances. The spirit and feel of a piece of music is the true value. It's the feelings and emotions that are brought out in the listener that make it more than just the physical medium through which the music is played or the combination of notes and how they're arranged. I'm simply saying that the argument that music should be free because it's easy to copy is very silly and misses the point entirely. I suppose you could hand out free copies of the Mona Lisa to everyone and everything would be OK, but for some reason that seems like a ridiculous idea to people. Unfortunately, music seems to get classified in a different way in terms of it being an art form and thus people feel more comfortable taking it lightly.

      Now before you call me grandiose, I realize that not all music is "high art", but this issue is a very slippery slope. Why should it be that as an artist, my choice is to either only make music as a "hobby" or do it as a charity? I'm not expecting to make millions of dollars at it, I gave that dream up when I realized that my high school band wasn't going to be the opening act for Guns N Roses. But, I don't feel out of line in suggesting that if I can add value to someone else's life/work/production by creating a piece of music that affects them in some way, why should it be so bad that I would like to benefit from that to some small degree and not be in a position where my work becomes something that anyone can use for any purpose? I have a "real" job, and am fine with working to pay my bills. I have given many pieces of my own work for free to be used in independent films. But I've also received compensation for work in "real" productions and TV shows (The Soprano's for instance) and haven't felt the least bit guilty for a couple of (albeit small) checks I could cash.
    146. Re:Sweet! by orasio · · Score: 1

      There is no such thing as a license to listen to the song. Or, did you miss the fact that ... oh, I don't know ... there isn't a license to listen to the song printed somewhere inside the CD case?



      What you bought is a CD. You can play the CD. Anything else you think you should be entitled to ... whatever justification you may have ... is your own problem.



      There's nothing wrong with saying how ridiculous the current system is from a moral standpoint, but please don't confuse the legal issues by talking nonsense.

      Alright.
      But there is an issue. If I had bought the CD, now I would own the CD, period.
      Anything legal I can do with he CD is OK.
      Copyright is not about making copies, but about distribution. This is not a problem with copyright, I can rip the CD if I want to, copyright law lets me.
      The thought of that "license" thing started when the seller starts to tell me what I should, and what I should not do with it. There are two possibilities.

      1 - I own the CD, nobody can tell me what to do. End of story.
      2 - I own the right to listen to that song. They can tell me what to do, but they can't tell me not to change its format, because that would interfere with my ability to listen to it.

      Anyhow, I think I share with the record companies the view that #2 is the transaction actually taking place. Again, I get that idea, because they keep telling me what to do with the CDs I bought.

      If I am wrong, then it's much easier. They can't tell me what to do. I get to rip my CDs anyway.
    147. Re:Sweet! by Bombur · · Score: 1

      Wonderful. I always wanted to be paid lifetime for 3 minutes of work. Well, make it one week for the preparations and all, I would do that to.

    148. Re:Sweet! by DrLang21 · · Score: 1

      It is interesting to note that most of the old great composers made the bulk of their money through commission and sponsorship. It wasn't until Beethoven that simplified copies of music (in the form of sheet music) were made available for general consumer consumption.

      --
      I see the glass as full with a FoS of 2.
    149. Re:Sweet! by Chemosabe · · Score: 1

      Please, send your reasons for why this is crazy to 'Charlie.Mc-Creevy@ec.europa.eu', and hope that EU is not as completely in bed with the record industry as the USA is. _________________________ in spite of all the evidence, im still optimistic...

    150. Re:Sweet! by lazy_nihilist · · Score: 1

      Another way to beat these absurd laws is to make lots of people realize how stupid and absurd these laws are. We need some lawmakers proposing copyrights be extended for some ridiculously long periods like 999 years or more. Of course this would be seen as satirical, but that's the purpose.

    151. Re:Sweet! by Red+Alastor · · Score: 1

      I'd make it 5 years coporate, 5 years (or maybe 10) renewable once for individuals. Maybe it would encourage companies to leaves control of their products to artists so the copyright would last longer.

      --
      Slashdot anagrams to "Sad Sloth"
    152. Re:Sweet! by Chosen+Reject · · Score: 1

      The spirit and feel of a piece of music is the true value.
      And that is why I commented about value. We all value music, and we value it a lot more than we pay for it. But we do that because value and price are different beasts. To take a different example, we value the news, but how much are we willing to pay for it. Maybe we'll sit through some commercials be it radio or TV, maybe we will tolerate some ads on a website, maybe we'll even pay a dollar for a newspaper. Do we value the news only that much? Of course not. The news (at least some) is much more valuable than the dollar we pay for it, but it's just that there is so much of it that a news supplier can't charge more than they do. If CNN.com became a paid subscription service at $500/month tomorrow, no one would visit their site anymore. Not because we don't value the news that they might bring, but because we can get it elsewhere. And that elsewhere probably has the same information that CNN.com would have, so we've lost nothing. In music, there is a lot of value, but if you start charging a ridiculous amount, then nobody wants your music, because there is more music out there that we value and isn't costing a ridiculous amount. But that is looking at music as a whole. Each individual song, however, can be copied infinitely at negligible costs. That makes each song an infinite good. It is very difficult to make money off of infinite goods. I'm not saying that music should be free, but the market decides the price and people see that the price could come down, and they want it that way. If you don't lower your prices, but someone else does, then people will go to that someone else because they can find just as much value out of that song as they can for yours, so they take the one with the better price/value.

      I see nothing wrong with making money on your music. You stated a way that you made money. You did commission work. Someone paid you to create a piece of music. That is how a lot of the old composers made money. Someone came to them and paid them explicitly to make some music. It's not a matter of what value the music has. Humans very much value music and that hasn't changed for millenia and won't change for the foreseeable future. It's just that there is so much of it that business models have to change. People would think it ridiculous to hand out the Mona Lisa to everyone if it was on some physical medium. If you had some one hand paint every copy, or if you photocopied it onto 8.5x11 inch paper. But if you put it on a website and allowed anyone in the world to right click and select "save as" then it suddenly doesn't become so ridiculous, because now it's essentially become an infinite good and Da Vinci would have to use that as an advertisement to do commissioned work or something.
      --
      Stop Global Warming!
      Just say no to irreversible processes!
    153. Re:Sweet! by KDR_11k · · Score: 1

      Not really relevant for a copyright discussion though.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    154. Re:Sweet! by KDR_11k · · Score: 1

      You cite the US definition and then talk about specifics in its wording, that doesn't work since the EU version is most likely different. What if the EU version doesn't say anything about the purpose or "limited time"?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    155. Re:Sweet! by KDR_11k · · Score: 1

      I'd add 5-10 years after death so incomplete works can be finished (especially if they were close to shipping) and assassination is not a way to get someone's works.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    156. Re:Sweet! by KDR_11k · · Score: 1

      Get exclusive rights forever. 3 years later realize noone gives a crap about your song anymore and that you have to write more songs.

      The market won't buy a song forever, even if it's protected that long. There's always a need to make more.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    157. Re:Sweet! by poetmatt · · Score: 1

      If it doesn't then why would they even establish a limit for their copyright? They'd be going against their own law.

    158. Re:Sweet! by Shotgun · · Score: 1

      I worked in construction once. I helped build several houses. Why can't I continue to get paid for the house 95yrs after it is built? People are still making money off of it. Renting it out and speculating on price increases. Selling houses is easy. Hauling wood around on your shoulders is hard. Why is it that I have to continue to work in order to get paid?

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    159. Re:Sweet! by KnightNavro · · Score: 1

      What are truly ridiculous are your examples. I grant that these scenarios may be possible, and perhaps all of them have occurred at some point in time, but you've covered about 0.001% of all artists there. I have 2 CDs from a band consisting of 2 people who essentially recorded the CDs in a basement studio, then released the MP3s on MP3.com back when it was free and interesting. http://www.fnpmusic.com/

      I also own 2 CDs by a supergroup who have never toured together. http://en.wikipedia.org/wiki/Liquid_Tension_Experiment

      While these bands may be the minority, these are just 2 examples in the very small genre of progressive rock.

    160. Re:Sweet! by monxrtr · · Score: 0

      There's no epistemological difference between the expression of ideas and the ideas themselves. It's impossible to express an idea in any manner, shape, or form without copying the idea. It doesn't matter if I merely say, "YYAAARRGGHH!" That's copied an idea and an expression of an idea. It doesn't matter if I put a door in my house or in my computer operating system. That's copied an idea and an expression of an idea.

      Thus, we see a clear unequal treatment under the law between musicians and architects, between plumbers and writers, between economists and engineers, between mathematicians and software developers. If mathematics can be financed by the private/public academic sector without prohibitions or licensing restrictions against copying the use or implications of mathematical results, then so too can music be similarly financed. We now require NBA players to graduate college or be of certain age; we can do the same for musicians, and make them compete for limited sponsored positions, if that was even necessary.

      Or perhaps forcing musicians and writers to show up, punch in, and work at 9-5 government institutions could be mandated for all claiming copyright welfare benefits. If the material is lackluster, not selling, they can join the prisoners picking up garbage, cleaning streets and parks, for as long as they are subsisting on copyright welfare.

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
    161. Re:Sweet! by Critical+Facilities · · Score: 1

      First off, I'm not advocating this 95 years nonsense, I'm taking issue with the idea that music is merely the "copies" that can be made. In your example, there would have to be a way for people to somehow create exact "clones" or "copies" of the house you built without having to put in all the effort of hauling all that wood. So the two are not really comparable.

    162. Re:Sweet! by rkanodia · · Score: 1

      Somehow, I typed "living" when I meant to type "like". I apologize for the usage of second-person 'you' to stand in for third-person 'they', especially since I started the sentence in third person. That was some lousy writing.

      Your second interpretation is correct.

    163. Re:Sweet! by sm62704 · · Score: 1

      The trouble is, they're already satirically and stupidly long and dipshits everywhere agree that they're right.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    164. Re:Sweet! by eiapoce · · Score: 1

      I can't see your point. If you want to say you want to keep substitizing this monopoly with your money you are free to do so, I won't buy anything more.
      Keep in mind that there are many other alternatives to support artists, like concerts and direct donations.

    165. Re:Sweet! by oyenstikker · · Score: 1

      You are misunderstanding the whole idea of the incentive. There is incentive to create something in the first place because even though you won't see a return for some amount of time while you are doing the work, you will get a return for some time after you've done the work. After the work is done, the incentive is for the *next* project, not the previous.

      --
      The masses are the crack whores of religion.
    166. Re:Sweet! by jesterzog · · Score: 1

      The whole purpose of the copyright is to ensure progress, not individual riches.

      With respect, I think you're confusing copyright with USA copyright, the latter of which was originally defined in the US constitution as being for the purpose of encouraging progress (in so many words). In other countries it's not so defined. eg. The Statute of Anne, which originally defined copyright in Great Britian, also referred to the "moral rights" of authors and their families, and could be extended to a meaning that authors should have exclusive rights over their creations forever.

    167. Re:Sweet! by Rudd-O · · Score: 1

      ...and, in the process, nullifying the incentive for established software developers?

      --
      Rudd-O - http://rudd-o.com/
  2. Why? by nebaz · · Score: 5, Insightful

    Why should anyone get a lifetime income for one thing they created? If they do, why would they bother creating anything else?

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:Why? by Hognoxious · · Score: 4, Insightful

      A lifetime income could be a million dollars a week or it could be 25 cents a month. However 95 years is just plain crazy.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:Why? by moderatorrater · · Score: 4, Insightful

      There's a much simpler solution to that problem anyway: make the copyright end when the artist dies.

    3. Re:Why? by KublaiKhan · · Score: 4, Insightful

      Indeed--aren't copyrights and patents supposed to -encourage- innovation?

      Besides, if you're so poor at managing money that you can't leverage 50 years of income into a retirement account, you're an idiot.

      Why is it none of the music or movie folks seem to have heard of a 401k or IRA or equivalent, anyway?

      --
      In Xanadu did Kubla Khan
      A stately pleasure dome decree
    4. Re:Why? by anonieuweling · · Score: 1

      If normal people can live from their pensions after about 40 years of labour, why would artists be unable to do the same after profiting for 50 years from their copyrights? Extending copyrights is greed.

    5. Re:Why? by earnest+murderer · · Score: 1

      Why should anyone get a lifetime income for one thing they created? If they do, why would they bother creating anything else? More money?

      But we aren't really talking about _creators_ here, we're talking about rights owners. The author is still alive, but they don't get anything worth lobbying for. As Bob Newhart said on Sound Opinions last week... when he showed up to audit the labels records he was told there was a "fire" in the N's section of the records department. Nothing that would prevent the label from loosing revenue, but no evidence on what they owe to Bob.
      --
      Platform advocacy is like choosing a favorite severely developmentally disabled child.
    6. Re:Why? by TheRealMindChild · · Score: 1

      Personally, I wouldn't mind such ridiculously long copywrite, if copywrites were non-transferable. This makes it so a copywrite can't be sold to a corporation whole doesn't have a life span... the only copywrites a corporation would own would be works for hire... and then you should be able to classify that as a different style of copywrite... after all, they have no lifespan.

      Back to the topic a little more, why SHOULDN'T someone profit from something they created for that long? If people are actually still paying for it 90 years later, it has quite a significant value... it is obviously something special. Else, no one would care, so who cares.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    7. Re:Why? by Anonymous Coward · · Score: 1, Insightful

      Primarily they would continue to create because they are creative people and enjoy the process. These laws are, I imagine, designed to protect people who could not create if their life depended upon and so instead resort to farming other people's creativity, warehousing it and then selling it for huge sums, of which they keep the lion's share and give a small token to the originator.

      They are going away though, like the inevitable decay of all putrid matter. Mmm. Putrid.

    8. Re:Why? by LinuxDon · · Score: 0, Redundant

      But then, when a successful artist dies in an airplane crash their wife and kids will be bankrupt very soon.

    9. Re:Why? by Anonymous Coward · · Score: 0

      I wouldn't mind someone getting a lifetime income for something *they* created. But let's face it, people pushing things like this aren't creators.

    10. Re:Why? by Jamu · · Score: 3, Funny

      I think it's better for the artists if there isn't any financial incentive to see them dead.

      --
      Who ordered that?
    11. Re:Why? by magarity · · Score: 1

      make the copyright end when the artist dies
       
      You've just condemned all good musicians to be one hit wonders - they'll all have 'accidents' as soon as there is one positive cash flow peice of work to avoid paying them any royalties.

    12. Re:Why? by Laur · · Score: 5, Interesting

      But then, when a successful artist dies in an airplane crash their wife and kids will be bankrupt very soon.
      That's what life insurance is for. Guess what, my employer will stop my paychecks when I die as well. The purpose of copyright is not to provide a legacy so your wife and kids will never have to do any productive work.
      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    13. Re:Why? by Pojut · · Score: 0, Offtopic

      I believe the correct term for your user name is "queef".

      Just an FYI.

    14. Re:Why? by plague3106 · · Score: 1

      Oh well, tough. That's what happens to people employed in other jobs. Its call "life insurance." Look it up sometime.

    15. Re:Why? by DragonWriter · · Score: 1

      You've just condemned all good musicians to be one hit wonders - they'll all have 'accidents' as soon as there is one positive cash flow peice of work to avoid paying them any royalties.


      Why? Then the label couldn't make any money of them either, as without the copyright, the work would be in the public domain. Unless you are suggesting that people that want to get away with filesharing the one hit will kill the artist to make it legal, which seems a bit unlikely.
    16. Re:Why? by moderatorrater · · Score: 1

      That's a short sighted view, although I can't deny that the record labels would take it. However, with the current laws, the record label actually owns the copyright, so if the copyright expired when the artist died, that would be quite bad for the label that they're signed with, but good for the others. Also, if an artist starts having positive cash flow, it'd be in the best interests of the label to see if that person could become something more than a one hit wonder. Imagine how much profit would have been lost if the labels only had Michael Jackson's "Off The Wall" album.

    17. Re:Why? by mhall119 · · Score: 5, Insightful

      because it's not your job to make sure they create something else. It's also not our job to make sure they can live comfortably without working for 70+ years.

      It's theirs to do with as they may, and no law you made should be able to take that away from them. And no law stops them from doing whatever the like with what they create. The law stops you and I from doing whatever *we* like with our copy.

      why should you get something from them for free? Nobody says we should. What people want is to be able to do whatever they want with that something *after* the artist has been compensated for it's creation.

      why would you bother creating anything yourself? Because artists like to create. Most musicians and visual artists in the world today get little or no compensation for their creations, yet they continue to create. Historically, artists have almost never been given decent compensation for the act of creation, and yet history is full of some of the best art (visual and musical) ever created, certainly better than most of the crap we're getting from millionaire artists these days. Inventors will continue to invent without patents, and artists will continue to create without copyrights, because that is who they are.
      --
      http://www.mhall119.com
    18. Re:Why? by Anonymous Coward · · Score: 0

      Why should the kids of a recording artist get special treatment? A plumber's kids wouldn't get anything if they died in a plane crash. Is there something that stops the children of recording artists from having to work for a living like other peoples kids do? Copyright is supposed to compensate the artist, not give their kids a free ride.

    19. Re:Why? by CSMatt · · Score: 1

      Lots of people still buy Shakespeare plays. Should Shakespeare then be still under copyright?

    20. Re:Why? by Dog-Cow · · Score: 1

      It's also not our job to set them up for life for a few hours of work in a recording studio. I have a novel idea: if they want to keep control over the recording, don't release it to the public.

      The natural state of creative work is that once it's known to the public, you have no control over it at all. It is only by the institution of Law that there are artificial limits in place. It is not beneficial to society to make society support an artist indefinitely for single instances of creative work. And any Law which places the individual ahead of society is not just. Copyright law as it stands today is completely unjust.

    21. Re:Why? by Jeff+DeMaagd · · Score: 1

      Why should anyone get a lifetime income for one thing they created? If they do, why would they bother creating anything else?

      If what you assert was true, then the likes of Stephen King, Tom Clancy, Danielle Steel and wouldn't need to write one book. But it's not. I really doubt that residual income on one single work is enough to live on except very rare cases. We don't hear about these one-hit wonders retiring off to the Bahamas to retire from their one hit.

    22. Re:Why? by TheRaven64 · · Score: 5, Insightful

      Back to the topic a little more, why SHOULDN'T someone profit from something they created for that long? I make a living from copyright, and I am very lazy. I am completely okay with the idea of being paid in perpetuity for something I create now, but I am also aware that it removes my incentive to create more. The purpose of copyright, sadly, is not for me to get rich. It is to make me (and, more realistically, others) create things that enrich our culture. Imagine if Mozart have been able to keep cashing in on his first symphony for his entire life. Would he have bothered writing the other 40?

      Copyright needs to be a balance. A good creator needs to be rewarded well enough that they can make more creating than doing something else, but not so well that they just stop. I remember Terry Pratchett saying (possibly quoting someone else) 'when you stop writing, you aren't an author, you're just some guy who wrote a book once.' The copyright system should reward authors, not guys who wrote a book once (and I say this as a guy who wrote a book once).

      --
      I am TheRaven on Soylent News
    23. Re:Why? by Jeff+DeMaagd · · Score: 1

      wouldn't need to write one book.

      I meant "would only need to write one book".

      My post isn't a defense of 95 year copyright, I think that too is a bad idea, it's absurdly long. I'm just arguing against assumptions that look false to me.

    24. Re:Why? by wizardforce · · Score: 1

      exactly. for that matter why is it that copyrights can exceed the life-time of the content creator? have they explained how it benefits the artist if the copyright outlives the artist?

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    25. Re:Why? by Anonymous Coward · · Score: 0

      "Back to the topic a little more, why SHOULDN'T someone profit from something they created for that long? If people are actually still paying for it 90 years later, it has quite a significant value... it is obviously something special. Else, no one would care, so who cares."

      Copyright length shouldn't be based on value or commercial viability. The fact that something is popular shouldn't extend its length. In fact, that's all the more reason it should enter the public domain so that the current generation can enjoy it freely; after all, that was supposed to be the deal, the artist's end of the bargain for a government granted (and enforced) monopoly of _limited_duration_.

      Just because people still buy Beatles albums doesn't mean they still need to be copyrighted. And how often, exactly, does a person actually _start_ seeing significant royalties 50 years after a work's release? If you didn't save your money while you were making it 50 years ago, you should have to keep working just like everybody else. That, or enjoy whatever public retirement benefits your country offers.

      The only exception I see as necessary to this is for for-profit derivative works. So, for instance, I think Matheson should get a cut when _I_Am_Legend_ gets made into yet another movie. But I see no reason I shouldn't be able to grab the text off Project Gutenberg if I want to read the original.

    26. Re:Why? by James_Duncan8181 · · Score: 2, Informative

      Charlie McCreevy never will. He was/is one of the people pushing for software patents also. I knew I recalled the name. He's also a liar (and the email's in the header - please feel free to sue me). He said this recently about the patent directive: "I've said all along is that what the original purpose of the directive was, was to codify the existing situation." [1]

      Oh, and software patent opposition is born of "anti-Americanism and anti-big business protests" [ibid]. Yes, it's true. There is no other intellectual basis for it than xenophobia and irrational hate of capitalism. *sighs*

      [1] http://wiki.ffii.org/McCreevy050704En

      --
      "To any truly impartial person, it would be obvious that I am right."
    27. Re:Why? by Schraegstrichpunkt · · Score: 2, Interesting

      Do you actually think people don't make money from works in the public domain?

    28. Re:Why? by Orange+Crush · · Score: 4, Insightful

      Why should anyone get a lifetime income for one thing they created? If they do, why would they bother creating anything else?

      Come on, does anyone here honestly believe this has anything at all to do with the actual artists? If someone recorded hits in their teens or twenties, I highly doubt they'll be relying on the pathetic residuals their label deigns to pay them to stay out of the poor house.

      The record companies just don't want to give up their revenue on oldies--music from 1958 and prior is now lapsing into the public domain in Europe. This is music from the birth of rock and roll, i.e. Chuck Berry (who still performs at concerts, mind you!), Elvis, Little Richard, Buddy Holly, and loads more. These are classics that people are still buying new CDs of, putting on their iPods, etc. Chuck's not gonna wind up on the streets because Johnny B. Good can be downloaded legally for free, but the record company still wants their cut. *THAT'S* what this is really all about.

    29. Re:Why? by spun · · Score: 1

      Silly troll. Artists can do whatever they like with their creations. But barring agreements to the contrary, as soon as that creation is outside their own head, anyone can copy it. Copies of their work are not their creations. There is no moral reason not to copy their work. There is no moral reason to share your profits with them. So they made something, so what? They still have it, I have deprived them of nothing. Get it? I have not taken anything away from them. They can still do with it what they please, but I never agreed not to copy it. What gives them the right to profit from my work of copying theirs? Why should they get something for free?

      Copyright and patents exist to give creative types a government sanctioned monopoly on their creations. We agree to let them profit off of the work of others in order to encourage them to share what they have created. Do you understand? They are getting something from us for free.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    30. Re:Why? by dbrutus · · Score: 1

      No, actually it's not theirs. Perpetual copyrights were done away with centuries ago for very good reason because it promotes unproductive leeching and retards society. If I independently reinvent something that some guy invented 150 years ago, what makes my creative impulse thievery? Why should anybody creative have an IP lawyer constantly looking over their shoulder to make sure they aren't infringing? That's just daft.

      People have a right to do what they like, including copying. We do it in fashion without even a twitch of remorse. In fact, that's the entire purpose of fashion, to set up models to copy from.

      We infringe upon that right to copy for very good reason, in order to maximize creativity and progress. That's the proper test, not income maintenance. Right now very deep pockets are looking at the value of very old copyrights and seeing the cost of buying politicians as much less a hit on their balance sheets than giving up those income streams from Mickey Mouse, etc. That's the real impetus for copyright extension. We just went through a long fight over copyright extension that got Disney et al twenty years of extra portfolio revenue. Now they want to prep for another extension in a decade.

      No way, no how, over my dead body.

    31. Re:Why? by stdarg · · Score: 1

      Not only that, but even if we take these people seriously, why should the yardstick be "lifetime" and not "career length"? NOBODY works and earns a living for 95 years. Most people retire and stop getting money from their employer. After retirement, it's time to rely on savings from your career. These artists who get 50 years of royalties should be saving a portion of their income for retirement, just like anybody else.

    32. Re:Why? by eln · · Score: 1

      Actually, my plumber makes me pay him a royalty every time water flows through a pipe that he installed. He said it was standard in the industry.

    33. Re:Why? by ZombieRoboNinja · · Score: 3, Insightful

      Guess what, you (apparently) get paid RIGHT AWAY for your work, not in royalties over a period of years.

      Fifty years is more than long enough, but that should be whether the artist is alive or not.

    34. Re:Why? by Actually,+I+do+RTFA · · Score: 1

      Sure. Social Security's solution is to allow the spouse to collect money, and children under 18. I would be fine with the children under 18 rule, that is, the lifespan of the artist or until his biological children become 18. I think way marriage is legally dealt with needs to be overhauled, so I would not be in favor of spousal priviledges (esp. if it allowed people to remarry, and those rights to go on to the third adult, etc.) My spousal solution would be to allow a marriage to file for a copyright, with a marriage being considered terminated for copyright purposes in the death of both parties or a divorce.

      --
      Your ad here. Ask me how!
    35. Re:Why? by Russ+Nelson · · Score: 2, Insightful

      it's theirs to do with as they may, and no law you made should be able to take that away from them. You don't understand. Copyright is a bargain, not a property right. If you own physical property, you don't need to help of the state to guard it. You stay on your property and point a gun at anybody who tries to trespass (or you hire somebody to come if you need to leave). If you own intellectual property, you cannot stop somebody else from copying it. You need to make a bargain with everybody else (the state) to get them to respect your property. The bargain is that copyright expires.

      But copyright no longer expires, so .... people justly feel free to copy, rip, mix.

      --
      Don't piss off The Angry Economist
    36. Re:Why? by Anonymous Coward · · Score: 0

      Do you actually think people don't make money from works in the public domain?

      Of course they do. But not as much as from government granted monopolies. The label with the publishing contract would have some incentive to keep the artist alive and healthy, instead of trying to get them hooked on drugs and the "High life".
    37. Re:Why? by zmooc · · Score: 1

      Since when do you need compensation for having fun and expressing yourself?!

      --
      0x or or snor perron?!
    38. Re:Why? by xSauronx · · Score: 0

      My septic tank guy makes me pay when i "take the browns to the superbowl." He said *that* is standard, and some days its embarrassing to keep up with :(

      --
      By and large, language is a tool for concealing the truth. -- George Carlin
    39. Re:Why? by smaddox · · Score: 1

      history is full of some of the best art (visual and musical) ever created A truer statement has never been made. Given, it doesn't really tell me anything, but thats not the point!

      But seriously, I completely agree with your arguments. The problem here is that artists want to do nothing but create art, but - like most people - they want money. How can they accomplish these goals? Well they can do it the hard way, or they can do it the easy way. The easy way happens to involve legislation.
    40. Re:Why? by Pacer · · Score: 1

      That successful artist's wife and kids didn't produce any works of social value, therefore protecting their interest doesn't serve the ostensible purpose of copyright. Besides, if the airplane crash victim was a successful coal miner, there would be no "residuals" to argue about & the wife and kids, after insurance payout, would be left for the wolves.

    41. Re:Why? by Anonymous Coward · · Score: 0

      If you need compensation to live for creating data then maybe you should find a new line of work. Information wants to be free and music, movies, and text in books are all data. Data=information so why should any "entertainment" be any different?

    42. Re:Why? by jdschulteis · · Score: 1

      Because the purpose of copyrights is no longer to "promote the useful arts and sciences", but to maximize profits for industries that have bought the services of lawmakers.

    43. Re:Why? by Anonymous Coward · · Score: 0

      "Why is it none of the music or movie folks seem to have heard of a 401k or IRA or equivalent, anyway?"

      Because you don't need one if you're fleecing the public for millions and millions in cash?

    44. Re:Why? by sniepre · · Score: 1

      I mowed a lawn once in my late teens, and it was truly a work of art, but I haven't got recurring anything from that artistry. I don't know why but somehow I am expected to continue my art to continue to get paid. It's not fair I tell you!

      --
      Is not life a hundred times too short for us to bore ourselves? -Friedrich Wilhelm Nietzsche
    45. Re:Why? by HTH+NE1 · · Score: 1

      make the copyright end when the artist dies

      You've just condemned all good musicians to be one hit wonders No, the good ones will be made to continue producing under penalty of death. The one-hit-wonders though who can't produce anything else, they will be put to death.

      It definitely needs to be less than the artist's lifetime. Significantly less so that they have incentive to produce more works to continue to make money rather than rest on their old catalog and have their talent disintegrate.

      Make copyright last the duration of retirement. Produce your last best works when you're 64, retiring on the royalties when aged 65 up to 115 (50 years) is already quite generous. Not that retirement at 65 is even necessary (Tina Turner, Paul McCartney, soon Mick Jagger).
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    46. Re:Why? by dustmite · · Score: 1

      I'm not sure if there should be any 'rule of thumb' or stated 'purpose' of copyright as far as income potential goes, as such; I like to think of money as "brownie points". The amount of money you should be able to get from a copyrighted work should be proportional to how much value you have, as a whole, contributed to others. If you write a book that is so good every person on the planet wants to read it, then it's OK in principle to earn so many 'brownie points' ('goodwill capital') that you can live off that until you die. If that means Mozart might've only written one great symphony and lived off the income, so be it, we just would not hold him in such high regard today (i.e. one should not try to 'twist' the system in a way that limits the earning potential from a single work to 'force' creators to have to keep coming up with new stuff ... that'll happen automatically if your stuff isn't Mozart-quality anyway ... broadly, I think the system is already working fairly well, on the whole, but this taxation idea is an abomination).

    47. Re:Why? by Anonymous Coward · · Score: 0

      Yes that's right, my employer should be required to keep paying my paycheck to my wife/kids if I die in a plane crash. Makes perfect sense.

    48. Re:Why? by Sponge+Bath · · Score: 1

      ...have 'accidents' as soon as there is one positive cash flow

      Logan's Run: The Musical

    49. Re:Why? by gary+gunrack · · Score: 1

      I've heard of 401k's and IRA's, yes. And someday, when I can afford rent, heat, and groceries, I'll start one. 99% of musicans work ridiculously hard and earn pennies.

    50. Re:Why? by Anonymous Coward · · Score: 0

      The purpose of copyright is not to provide a legacy so your wife and kids will never have to do any productive work.
      Nor is it to provide a new car to a corp exec every year.
      The original argument for copyright, as I understand the motive of Charles Dickens, was to stop someone from buying his books in the UK, steaming across the Atlantic, then making money by printing and selling copies in the USA without the author knowing, or being paid for the work.
      But Money is Money, greed, greed, greed, how many hidden cost can be put into the mix so the that the author gets very little and I, the Publishing exec, gets rich off of someone else's work???? Nice work if you can get it.
    51. Re:Why? by BenSnyder · · Score: 1

      There is a misconception that the copyright belongs to the artist. That is rarely the case at a major record label. The "people are living longer" argument is a straw man. Corporations don't die, their board members do. A corporation doesn't need a 401k or IRA because it isn't about retirement. It's about getting as much money for as little investment as possible.

      Did you see the story last week about how the RIAA wants to lower the mechanical royalty rate (the amount the artist gets paid) from 11.9 cents a song to 9 cents a song? Distributors have always controlled the music business, and Apple, the new gatekeepers of digital media want 4 cents a song. One could argue that Apple and the RIAAs stance on the issue is underscored by the realities of needing to sell music at cheaper prices. Lowing the mechanical royalty rate could be seen as the label's attempt to get artists to share the burden of cheaper music and "piracy" (rolls eyes).

      I don't know enough about the issue to say with confidence whether there is sound economic reasoning behind lowering the mechanical royalty rate, but extending copyright in the EU sounds like a money grab. It's interesting to note, and I'm surprised nobody else has caught this, but even if the EU did extend copyright to 95 years, it would just be getting into the same atmosphere as the US. The US has the Sony Bono Copyright Extension Act of 1998 which according to Wikipedia increased the length of copyright by 20 years making the total length of copyright to be the life of the author plus 70 years and 120 years for works of corporate authorship or 95 years after its publication, whichever comes first.

      Since the major labels span the globe, this really sounds to me like a global unification of copyright law. Which, if the case, sucks because the law essentially does away with the public domain. But, you can see why a multinational industry would want such a thing.

    52. Re:Why? by chthonicdaemon · · Score: 1

      You say it's not our job to make sure they create something, but it's not some law that takes whatever they made away from them -- the law is what gives them copyright in the first place. There was a time before copyright. Strangely, they still had new music, new inventions and new stories.

      --
      Languages aren't inherently fast -- implementations are efficient
    53. Re:Why? by Maint_Pgmr_3 · · Score: 1

      ^ going to learn to login first

    54. Re:Why? by Brother+Phil · · Score: 1

      Most recording artists don't - they only get an income from royalties after the record company get their advance back.
      The only _artists_ who'll benefit from this are the likes of Cliff Richard, one of the campaigner's for this - people who have already made enough that they don't need it (and I'd like to know how Cliff squares that sort of greed with his professed christian beliefs).
      The winners from this are the record companies, who are also trying to cut the artist's share of royalties.

    55. Re:Why? by a_nonamiss · · Score: 1

      Why would they do that? Then they would lose ALL revenue, as the work is no longer copyrighted. At least when they're paying out royalties, they get something.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    56. Re:Why? by bendodge · · Score: 1

      I could put up with 95 years on one condition: it completely expires after that, absolutely no exceptions or extensions or anything else that prevents if from going into public domain.

      --
      The government can't save you.
    57. Re:Why? by haxrox · · Score: 0

      This seems to be the popular opinion and I feel the same way, but I'm gonna take the other side for intellectual good. We're supposed to be a logical community. This argument is riddled with subjectivity; we need to lay down some real, non-emotional reasoning. Why shouldn't someone get a lifetime income for what they've created? If what they produce is still in demand, people will pay for it. If you write a program for profit, do you think everyone will agree on the number of times it can be copied before royalties are due? You have the right to specify a variety of licensing schemes; why shouldn't the RIAA choose theirs? Should we limit every person's income to force them to keep working? The richest entrepreneurs in the world still work, even though they could have retired from their first success (Bill Gates, McJagger, Oprah, Steve Jobs, Larry and Sergey). Why do you get to say 95 years is too long? What about 10 years? What percent profit makes a person/organization too greedy? We can't factor these arbitrary, implied morals into our arguments and call them valid just because our demographic emotionally agrees.

    58. Re:Why? by Anonymous Coward · · Score: 0

      Make copyright last the duration of retirement. Produce your last best works when you're 64, retiring on the royalties when aged 65 up to 115 (50 years) is already quite generous. Not that retirement at 65 is even necessary (Tina Turner, Paul McCartney, soon Mick Jagger).

      Will you still need me
      Will you still feed me
      When I'm sixty four
    59. Re:Why? by ZiggyStardust1984 · · Score: 1

      Why should anyone get a lifetime income for one thing they created?
      Hmmm... maybe because they created and own it? Can I have your car after you're 60?

      If they do, why would they bother creating anything else?
      Hmmm... last time I checked neil young, the rolling stones, the who and lots of other artists were still creating. If for some reson they can't create anymore, should they have their income cut?
    60. Re:Why? by Anonymous Coward · · Score: 0

      In the US copyright is meant to encourage the arts and sciences or so the constitution says, but in Europe I believe copyright was meant to protect the otherwise starving widows. America had a Utilitarian philosophy--the greatest good for the grestest number of people---while Europe was concerned with blood relationships.

    61. Re:Why? by Indefinite,+Ephemera · · Score: 1

      Indeed--aren't copyrights and patents supposed to -encourage- innovation?

      According to the BBC's coverage the 'moral rights' approach to copyright was cited: loosely and insofar as I understand it, the idea that creative expressions are extensions of the author's personality and so should be on a kind of leash for that reason. (Don't ask, I don't know how it's supposed to make sense...) The 'incentives' justification for IP traditionally isn't so influential in continental Europe; they have a hyperactive approach to moral rights instead.

    62. Re:Why? by betterunixthanunix · · Score: 1
      Suppose that they do deserve lifetime income -- I won't argue against it, since few people make millions of euros from just one creative work -- how does extending the copyright term to 95 years accomplish this? Why not instead make the copyright term, "The lifetime of the creator?" Nobody will be deprived of anything after they die, and nobody will ever outlive their copyrights.

      Of course, tying copyrights to the creator of a work would deprive certain interested businesses. 95 years is a victory for a record company, which can continue to profit decades after the death of an artist (suppose the song is recorded when the artist is 75?).

      --
      Palm trees and 8
    63. Re:Why? by Anonymous Coward · · Score: 0

      People might even be more sympathetic to copyright extension if the compensation went to creators rather than speculators. Copyright extensions and storage taxes aren't about protecting J.D. Salinger; they're about enriching capitalists at the expense of consumers and storage manufacturers.

    64. Re:Why? by rifter · · Score: 1

      Not only that, but even if we take these people seriously, why should the yardstick be "lifetime" and not "career length"? NOBODY works and earns a living for 95 years. Most people retire and stop getting money from their employer. After retirement, it's time to rely on savings from your career. These artists who get 50 years of royalties should be saving a portion of their income for retirement, just like anybody else.

      Maybe for you and me. But there used to be such a thing as a pension. Actually when the government officials who write these laws retire they will get a pension. Former Senators and Presidents, etc, just keep getting paid forever. If you or I want some retirement fundage, we have to save it, though since there is such a thing as inflation, it's more advisable to invest it, which basically means giving it to these people who get pensions. (Or their pension fund!)

    65. Re:Why? by BlueShirt · · Score: 1

      I am always amazed by the /. crowd's incredible willingness to come down hard on poor-boys-trying-to-make-it (artists) and completely ignore the reality of North American economics. To whit:

      Why should anyone get a lifetime income for one thing they created?

      I would like to say:

      Why should anyone get a lifetime income because they are the one thing their parents created?

      Go look it up sometime. Most wealth is born wealthy.

      I now return you to your regularly scheduled, capitalist paradise.

    66. Re:Why? by afidel · · Score: 1

      Artists don't need the labels to get hooked on drugs, as Tool says:

      See I think drugs have done good things for us, I really do. And if you don't believe that drugs have done good things for us, do me a favor. Go home tonight, take all your albums, all your tapes, all your cds and burn them. Cause all the musicians that made that great music that has enhanced your lives throught the years, real fucking high on drugs!

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    67. Re:Why? by Dr_Barnowl · · Score: 1

      Why not the reverse - place a ceiling on the earnings for each work that is the equivalent of a luxury lifestyle, with health insurance and dental cover, for the approximate period that it took to create the work. If it's the Sistine Chapel, that covers a lot. If it's a novel, you're looking at a few years worth at best. A song, perhaps a month - writing, rehearsal, recording, none of these take long. The previous investment in your skills is covered by the fact that you can create more than one work at once.

      Once you reach the earnings cap, copyright for that work expires.

      Too much to dream of though ; there is too much money tied up in believing otherwise.

    68. Re:Why? by omfglearntoplay · · Score: 1

      Or the corporate hitmen would kill all the musicians off early, so they could avoid paying for long.

    69. Re:Why? by Anonymous Coward · · Score: 0

      WAH! they can get jobs like the rest of us. Cripes these "artists" are not special people who must never work. The Widow and children can get off their fucking asses and get a fucking job.

      People like you who have zero clue are the cause for all this mess.

    70. Re:Why? by profplump · · Score: 1

      I'm quite capable of setting up my own annuities which will likewise continue paying me forever. I do not want or need my employer to do it for me; I'd much rather have the cash, not only so I can invest whatever portion of it I see fit at the time, as opposed to the portion the my employer sees fit, but so that I can change employers without losing my investment.

      Pensions are great in that they guarantee income for people who can't or won't save. But they're terrible insofar as I can't change jobs without significant threat to my ability to retire comfortably, and that's power that my employer doesn't need to have. Couldn't we just teach people to save, rather insisting that they're too dumb to plan for their own future?

    71. Re:Why? by rifter · · Score: 1

      I make a living from copyright, and I am very lazy. I am completely okay with the idea of being paid in perpetuity for something I create now, but I am also aware that it removes my incentive to create more. The purpose of copyright, sadly, is not for me to get rich. It is to make me (and, more realistically, others) create things that enrich our culture. Imagine if Mozart have been able to keep cashing in on his first symphony for his entire life. Would he have bothered writing the other 40?

      If you are satisfied with your current situation, that is your prerogative. However realize that if you were not getting these royalties now you would not have that situation. If you knew you would never be paid for the work would you have done it at all? That is the real question. The copyright is not there necessarily to convince you to churn out a book a month or whatever. The copyright is there so that people know if tehy *do* write a book or something they might get paid. That makes people more likely to write books, etc. That is all that is necessary to fulfill the requirement of "generating new works." What you created was a new work when you created it. Therefore copyright DID give you an incentive to create new works.

    72. Re:Why? by spun · · Score: 1

      You absolute, incredible idiot. Way to misinterpret my point. I agree that artists should profit from their work. What I'm saying is, it is a government system, not a natural right. It's my natural right to do anything with my own internal experiences that I want. Including copying anything I see or experience. But I see the value in partially giving up that right, in order to have more control over my own creations, yes, but also to encourage others to share theirs.

      You are really thick, aren't you?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    73. Re:Why? by rifter · · Score: 1

      Copyright length shouldn't be based on value or commercial viability. The fact that something is popular shouldn't extend its length. In fact, that's all the more reason it should enter the public domain so that the current generation can enjoy it freely; after all, that was supposed to be the deal, the artist's end of the bargain for a government granted (and enforced) monopoly of _limited_duration_.

      There goes the Disney Paradigm. :D You're going on Mickey's naughty list you thought-criminal.

    74. Re:Why? by witte · · Score: 1

      I don't know... Imagine what that would be like for, say, Metallica.
      Fans with an incentive to kill their idols :
      Expensive albums... BAM! Download for free.

    75. Re:Why? by Just+Some+Guy · · Score: 1

      Guess what, you (apparently) get paid RIGHT AWAY for your work, not in royalties over a period of years.

      So the problem is that I have a better compensation contract with my boss than artists do with their publishers, therefore requiring legislation to save them from themselves. Gotcha.

      --
      Dewey, what part of this looks like authorities should be involved?
    76. Re:Why? by rifter · · Score: 1

      Primarily they would continue to create because they are creative people and enjoy the process. These laws are, I imagine, designed to protect people who could not create if their life depended upon and so instead resort to farming other people's creativity, warehousing it and then selling it for huge sums, of which they keep the lion's share and give a small token to the originator.

      But it takes time and money to create these works. People do have to eat, and working on something else because you are not being paid for your creative work takes time and energy away (but does stave off hunger).

      Read the life of any creative person, and the tragedy becomes evident that if they only had more time, if they only were allowed to work on X instead of habving to do Y to pay the bills, if they could only get that one project funded, think of what might have been! We're not even talking about the punk you know in college trying his heart out on the local bar's stage. This went for everyone... Leonardo, Archimedes, Confucius, Wagner .. it's the same for all of them. And that's only because it works the same for all professions. If no one got paid to make cars, very few cars could be made, because people would have to design and build them on their own time with their own money after spending 14 hours a day digging ditches (because in *your* world, nothing gets paid for) .. and of course they'd have to walk to work. Of course since no one gets paid to develop gasoline it will be pretty hard to make and fuel the car, etc etc.

      Don't muzzle the ox that treads the corn. If you want people to do something meaningful, it's best if they aren't going to starve to death if they choose to do it full-time.

    77. Re:Why? by DannyO152 · · Score: 1

      You're right. The artists provide a face to sell the concept to the fans. How many millions of records must one have sold and have potential to sell before the record company include ownership of masters in the contract? I'm guessing that 5% overestimates the percentage of European masters created over the last 50 years that are now owned by the artists.

      This is about the record companies underscore and period. Time to show them some tough love. A healthy forest has young trees and that sometimes mean the old big trees have to fall down. If a record company wants to solve its long-term problems, question number 1 is how to get people to listen to new music. Solve that and you can afford to let Aker Bilt's 45 slide into the public domain. (Plus, record companies, you physically possess the masters, so who but you, can make clean copies?)

    78. Re:Why? by SCHecklerX · · Score: 1

      Copyright is the right for someone to copy. So, the person creating the original work could have given the rights to a corporation or something. These things tend to stay around long after the creator's death.

    79. Re:Why? by gandhi_2 · · Score: 1
      Um...

      Just like when a mechanic, soldier, or DBA dies. Are we supposed to be MORE concerned about artists children? (Perl hackers don't die, they physically obfuscate.)

      Oh, and a million dollars invested into a safe, low yield 5% fund will get that wife and children $50,000 a year. That's more than most mechanics, soldiers, and some DBA's make. The survivors can live happily on that when the artist dies freebasing coke in an airplane.

    80. Re:Why? by 7-Vodka · · Score: 1

      Yeah. A million dollars a week for the record company who created nothing, and 25 cents a month to the artist if he's lucky to get such a good deal.

      --

      Liberty.

    81. Re:Why? by Wildclaw · · Score: 1

      Hmmm... maybe because they created and own it? Actually they don't own it. They have a state sponsored monopoly for a limited (or not so limited) time, but that is it.

      Can I have your car after you're 60? No, but if you can copy it, go for it.
    82. Re:Why? by certron · · Score: 1

      On one hand, this means that copyright won't be transferred as part of an estate, but also screws things up if the artist dies prematurely from, say, drug overdose. If the artist owns the copyrights, not a company, then these situations could be problematic. Would the copyrights be subject to transfer as part of a person's will? They would be dead, so would there be any rights left to transfer?

      --

      fair.org counterpunch.com truthout.com indymedia.org salon.com
      eff.org guerrilla.net debian.org gentoo.org
    83. Re:Why? by Anonymous Coward · · Score: 0

      Having a vagina doesn't entitle you a life without work.

      Sorry.

    84. Re:Why? by LordSnooty · · Score: 1

      The record companies just don't want to give up their revenue on oldies--music from 1958 and prior is now lapsing into the public domain in Europe.
      They can't keep control of the current stuff, so who only knows why they're so disturbed by the lapsing copyright on 1950s music! Anyway I can't remember the last time I saw a compilation of that era's music except for one of those Time-Life 100-CD sets advertised late at night. I suppose the Beatles in five years' time is the one they want to avoid. Interesting question: if one wanted to release a record of oldies music, where would you get the master tapes? Could the erstwhile copyright holder simply refuse to allow any access?
    85. Re:Why? by Hatta · · Score: 1

      The record companies just don't want to give up their revenue on oldies--music from 1958 and prior is now lapsing into the public domain in Europe.

      So there's some money to be made in copyright arbitrage? You know, go to europe, make a bunch of copies of Elvis recordings, import them into the US and sell them for $0.99 at gas station check outs? That's legal right?

      --
      Give me Classic Slashdot or give me death!
    86. Re:Why? by d34thm0nk3y · · Score: 1

      Guess what, you (apparently) get paid RIGHT AWAY for your work, not in royalties over a period of years.

      You realize royalties are not part of copyright law. They are an outside agreement you make with a publisher in exchange for your work. Nobody forced you to sign that contract.

    87. Re:Why? by Anonymous Coward · · Score: 0

      "because it's not your job to make sure they create something else. they made it. it's theirs to do with as they may, and no law you made should be able to take that away from them."

      Because it isn't being taken away from them. They STILL HAVE IT. They made the choice to distribute it. The only thing preventing people from thereafter sharing it the way they want is copyright. It's a fair deal for both parties because the creator gets exclusive rights for a while, and then the work falls into the public domain eventually. That's the bargain. I see no particular reason for renegotiating the deal to extend the rights of the creator to profit from their work even longer.

      "why should you get something from them for free? if you do, why would you bother creating anything yourself? you're a fucking loser."

      Right back at you. Why should the creators of these works get free legal protection of their rights at the expense of the public justice system for even longer than they have already? Where's the justification for that? You act as if there is no cost to the public for granting copyright rights. Well, there is. Why should you get anything for free? When does the public get their return on the sizable investment that all that legal and enforcement activity involves?

      I'd be quite happy with a "mere" 25 or 50 years of exclusive rights. If I can't make any money from my own creative works in that time then they obviously aren't worth very much, and I better start creating something else rather than sitting on my ass expecting the money to continue rolling in forever.

    88. Re:Why? by AK+Marc · · Score: 1

      Pensions are great in that they guarantee income for people who can't or won't save. But they're terrible insofar as I can't change jobs without significant threat to my ability to retire comfortably, and that's power that my employer doesn't need to have.

      It's power that they don't have. You go into the job knowing what the benefits are. If they are an incentive to stay there, that's probably their goal. If you don't like your employer giving you incentives to work there, then ignore them or talk with the HR department and see if you can opt out of the benefits. Ad for me, I like my pension, I get $10,000 a year put aside in a retirement account in my name. I vest at 20% per year (complete vesting 11 months from now) and then it is my cash with the only strings attached being those the IRS places on it. You'd have to be pretty stupid to assert that $10,000 free cash per year is a terrible idea. Of course, since the IRS limits my ability to withdraw it, I have no control in how it is invested, but it isn't a fund that can be underfunded or go down with the company if the company goes bankrupt. But because I don't have 100% control, I also put the legal max in a 401k and the legal max in a Roth. Not all pensions are defined benefits (like the ones at GM causing them so much trouble). My pension can run out, but it's my money to spend how I want and I have the freedom to die destitute. Nearly all new pension plans are that type, not defined benefits. Many old ones, like the government pensions, are still defined benefits.

    89. Re:Why? by eldepeche · · Score: 1

      FUN FACT: Not all children have vaginas.

    90. Re:Why? by bjdevil66 · · Score: 1

      One problem with this: What happens when an artist creates a popular album and dies right after it's released? While people hate recording companies in general, they do make a substantial investment in their artists, and they wouldn't get much if any of the fruits of their investment.

      To deal with situations like this, I'd say that a minimum copyright time should apply, regardless of the lifespan of the artists. It should be substantial but reasonably limited - perhaps to 25 years. So, it'd be "Until the artist dies, or 25 years, whichever term is longer."

    91. Re:Why? by Mex · · Score: 1

      "Besides, if you're so poor at managing money that you can't leverage 50 years of income into a retirement account, you're an idiot."

      Or an artist!

    92. Re:Why? by Orange+Crush · · Score: 1

      Are 50 year old masters all that useful anymore? I imagine they'd deteriorate over time. This music is widely available on CD in lossless digital that will now be freely distributable, which will be fine for most purposes.

    93. Re:Why? by Anonymous Coward · · Score: 0
      It's even worse then 'the record companies want their cut.' Corporate media conglomerates want to totally deny artist any compensation. Here is a really sad example: http://www.calendarlive.com/tv/radio/cl-et-cheetah13feb13,0,5247393.story

      I know that Cheetah Girls is not in the typical Slashdot demographic, but the article recounts just how legally corrupt corporate interests can become. They don't give a damn about artists, employees, stockholders or consumers. All they want is to line the pockets of the rich greedy insiders, the top .01% of the heap. They've bought the government, including the courts, and they are looting everything. It's not capitalism, it thievery.

    94. Re:Why? by Anonymous Coward · · Score: 0

      Ooh so if you kill your favourite artist then you can get all their records for free!

      Awesome!

    95. Re:Why? by DragonWriter · · Score: 1

      Do you actually think people don't make money from works in the public domain?


      I think that people who profit of sales of copies of artistic works stand to make more money, individually and in aggregate, off of (a smaller but exclusive pool, for each producer) works which are exclusive to the producer than off the same works in the public domain. Certainly, there are some works (a very small percentage) that can be marginally profitable for producers when in the public domain, and, of course, useful works that are in the public domain and which there is work in supporting or developing add-ons for (e.g., computer software) may enable people to make money.
    96. Re:Why? by drsmithy · · Score: 1

      One problem with this: What happens when an artist creates a popular album and dies right after it's released? While people hate recording companies in general, they do make a substantial investment in their artists, and they wouldn't get much if any of the fruits of their investment.

      Same thing that happens after they pay a $100k headhunting bonus to that hotshot CEO and he dies in a plane crash a week later.

      To deal with situations like this, I'd say that a minimum copyright time should apply, regardless of the lifespan of the artists. It should be substantial but reasonably limited - perhaps to 25 years. So, it'd be "Until the artist dies, or 25 years, whichever term is longer."

      No. There is not a single valid reason for copyright to last an instant past the death of the creator. No-one else gets paid after they die, why should copyright holders ?

    97. Re:Why? by Anonymous Coward · · Score: 0
      Particularly when it will be shared on P2P within minutes.

    98. Re:Why? by slashqwerty · · Score: 1
      So there's some money to be made in copyright arbitrage? You know, go to europe, make a bunch of copies of Elvis recordings, import them into the US and sell them for $0.99 at gas station check outs? That's legal right?

      The copyright holder has an exclusive right to distribute the work. Once the first sale occurs that right goes away for that particular copy. I believe the copyright holder would argue the first sale occurs when they allow it to. I assume this would be the same as if Lord of the Rings were copied in Ethopia (which has no copyright treaty with the U.S.) and imported into the country.

    99. Re:Why? by Dephex+Twin · · Score: 1

      Or: make the artist die when the copyright ends :)

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    100. Re:Why? by Anonymous Coward · · Score: 0

      IANAL but if I read 602. Infringing importation of copies or phonorecords right, importing copies is treated as infringing distribution, except one copy at a time for personal use if it was made with permission.

    101. Re:Why? by mabhatter654 · · Score: 1

      we've gone too capitalistic.. think of how many of the Ferengi Rule of Acquisition libertarians and republicans repeat word for word as "good for us".

    102. Re:Why? by mabhatter654 · · Score: 1

      our version of "copyright" is not the original. Originally, it was the king's Right to Copy works for people to read... the right to publish at all!!! The framers wanted something radical.. allow ANYBODY to publish, but still give them the "state's" protection for a few years to help them out. That was as radical as copyleft is now. The current situation of large corporations using this to restrict others from creating would trouble them.

    103. Re:Why? by srmalloy · · Score: 1

      I strongly recommend that everyone read Spider Robinson's short story "Melancholy Elephants"; it is a cautionary tale regarding the untrammeled expansion of copyright, as we have seen with the successful efforts of the House of Mouse to keep the earliest depictions of Mickey from falling into the public domain. Imagine what the entertainment industry would be like if the producers of West Side Story could be sued for copyright infringement by the heirs of William Shakespeare for creating a derivative work of his Romeo and Juliet...

    104. Re:Why? by syousef · · Score: 1

      There's a much simpler solution to that problem anyway: make the copyright end when the artist dies.

      People might actually commit murder to end copyright if you did. It wouldn't be safe to hold copyright.

      I have a better solution. Separate CONTROL of the work from a right to PROFIT, then limit the right to profit to say 5 years. Now anyone can distribute the work but must pay the artist if they do so in the first 5 years.

      --
      These posts express my own personal views, not those of my employer
    105. Re:Why? by Anonymous Coward · · Score: 0

      This is true. I've notices gobs of infomercials on TV late at nite (where the late nite movies used to be). All pushing 25-45+ year old music. Old-timer musicians, many of whom (and its sad, but really a lot) are now dearly departed, strutting around on a long-forgotten stage, on my late-nite TV. Someone is pushing sets of CD's where each CD is only 29.95 (each, EACH!) Holy highway robbery Batman! At .99 per song, 12 songs should be about 12.00. If they manage 18 songs on the CD, then 18.00. And I find it a pity that they couldn't discount some of these old-timer songs to .09 each, and offer 200 songs in mp3 format on each CD, or better yet, 2000 songs in mp3 format on one DVD for 10.00. They would still be making piles of bucks. Certainly the long-dead artists won't be seeing another penny --their eyes are covered with them. But no. Someone somewhere bought songs, much like buying soya beans and pork bellies, and is trying to get rich quick. Certainly, a generation is 20 years, and the music a generation goes out of fashion within that time. For music, 20 years should be the limit. Instead, someone cooked up lifetime-of-the-artist + 75 years --and some say thats not long enough. Stupid.

    106. Re:Why? by Stokey · · Score: 0

      Sadly,

      Copyright holder != artist

      The fact that the companies who hold the copyrights are effectively immortal (certainly longer lived than any artist) means that in X years, all copyright will be held by companies who will never have to give it up...

      Prevent companies from owning the copyright...

      --
      Natsu gusa-ya, Tsuwamono domo-ga, Yume no ato
    107. Re:Why? by ZiggyStardust1984 · · Score: 1

      In the USSR some years ago they'd call your right to your car a state sponsored monopoly as well. They created they own it. If anybody can copy it without paying for it, then there's no value for them. The result for them would be the same as if you had taken it. I'm not saying someone who bought a song shouldn't have the right to copy it for backup purposes or to listen to the song in other devices, but copyright laws shouldn't be abolished.

    108. Re:Why? by Anonymous Coward · · Score: 0

      I understand the objections expressed on /. but I have no problem with giving the artist a lifetime copyright on the artist's own work. If someone is going to make money on the artist's work, why should it be some corporation that is doing nothing more than selling copies of a half century old performance? If any corporation is turning a buck on a real live person's sweat, give the real live person a cut. My only objection is where some corporation unrelated to the artist, ie. big labels, holds the copyright and is pushing for copyright extensions and claiming that copyright extensions help the artists. Doesn't any country enforce laws about misrepresentation? Seems like all sorts of problems would be solved if copyrights and patents could be held only by the natural persons who created them and not by unnatural entities.

    109. Re:Why? by Anonymous Coward · · Score: 0

      Yes. Mozart would have kept creating. Do you think he was in it just for the money?

    110. Re:Why? by dbrutus · · Score: 1

      Why yes, and even the absolute monarchies abandoned that original system because it sucked. Now monied interests are trying to back us into a return to that system. It's as bad now as it was in Queen Anne's day when she ended the perpetual monopoly system. The end of perpetual copyrights is not an American innovation.

  3. Absurd by dustmite · · Score: 4, Insightful

    So get a job, honestly, nobody inherently deserves to be able to survive decades from doing something once early in life unless it was truly highly valuable to society (in which case it should pay for itself, and shouldn't require forced theft of taxpayers to give somebody money for sitting on their butt). Go flip burgers or make new recordings or something, leeching from others is disgusting.

    1. Re:Absurd by Quiet_Desperation · · Score: 4, Insightful

      So get a job, honestly, nobody inherently deserves to be able to survive decades from doing something once early in life Or *invest* those earnings from the big hit and live off of that. I have no sympathy for people who were millionaires due to some one time hit and then frittered it away.
    2. Re:Absurd by zotz · · Score: 1

      "Or *invest* those earnings from the big hit and live off of that."

      Bingo!

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    3. Re:Absurd by yorugua · · Score: 1

      Or *invest* those earnings from the big hit and live off of that. I have no sympathy for people who were millionaires due to some one time hit and then frittered it away.


      if this bill ever passess the EU, it would certainly become known as the "Britney bill".

    4. Re:Absurd by Jesus_666 · · Score: 1

      It al depends on what you want to do with your money For example, most people, given one million Euros (tax-free), would immediately buy a big car or something similar. I'd put it into a stable savings account at 4% p.a.

      Initially, I have 1,000,000 Euros less and no cool stuff. But next month my million bucks generate about 3300 Euros for me. And the month after that. And so on. Three months later my spend-happy counterpart is selling his Porsche in order to cover the outstanding payments for his latest excessive party. Meanwhile I've saved enough to buy a Mac Pro with truly obscene specs. And next month I buy a 30" Apple Cinema Display.

      Sure, I never got to drive a really fast car. I didn't have huge parties for two hundred people. But I do have a decent boost to my standard of living that's not going to disappear. Even if I have to pay 50% taxes on the money my savings generate I still get almost 1700 bucks a month for free. That's not enough to quit my work, but certainly a very nice bonus and it might make the difference between a holiday in Italy and one in the backyard.

      The important factor is spendig preference: Do you want a wild, excessive lifestyle for a while or do you want a long-term amenity? Some people prefer extasy and some prefer pleasance. Superstars tend to prefer extasy - but then again it was found that a mental disorder is almost a requirement for big-time stardom, so being spendy is probably part of the superstar mindset.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    5. Re:Absurd by IamTheRealMike · · Score: 1

      nobody inherently deserves to be able to survive decades from doing something once early in life unless it was truly highly valuable to society

      Yea but how do you judge that. A lot of people seem to be forgetting that if after 50 years nobody cares anymore about some music, it makes no money for its creator copyrighted or not. And if lots of people still want to listen to it after 50 years, maybe it is actually highly valuable to society. Maybe we want more music like that.

      That said, I agree that copyright should probably be limited to when the creator dies, the problem being then how do you define creator, or how do you define when it was made for a perpetually evolving work like software. Is the creator the person who wrote the melodies, or the person who wrote the lyrics, or the person who performed the track, or the producer or the corporation that paid them all to do it (and which presumably never "dies")? What about MS Windows or MacOS X? When do they fall out of copyright?

    6. Re:Absurd by Tetsujin · · Score: 1

      nobody inherently deserves to be able to survive decades from doing something once early in life unless it was truly highly valuable to society


      Yea but how do you judge that. A lot of people seem to be forgetting that if after 50 years nobody cares anymore about some music, it makes no money for its creator copyrighted or not. And if lots of people still want to listen to it after 50 years, maybe it is actually highly valuable to society. Maybe we want more music like that.

      But that's not something you can make happen by providing higher incentives... It's partly a matter of luck, partly a matter of talent, and partly a matter of getting a record company's PR machine behind a particular album, artist, or track...

      I would rather foster an environment in which it's not all about the two or three big hits per year... If the value of those incredibly long-lasting, very rare megahits were lower, then there would be less focus on trying to generate those megahits (a process that involves signing lots of artists, trying to coax them into writing music that the producer feels has a good shot at becoming a big hit, and casting most of them aside when it doesn't work out and signing another big crop...) and more focus on just making good music - stuff that's good enough to make steady income but not necessarily a chart-buster. The music industry would thus (if I am correct) support a larger number of artists and a wider variety of music - because there would be a larger niche for the artists who are good but not necessarily the ultra-rare megahit performers... It just wouldn't support them forever. There'd be a shift from the constant attempt to find the big hit that will bring in money for the next 20 years to aiming for something steadier... Lower stakes but better chances of winning.

      Meanwhile, artists (that is, working artists, not those living off a big hit from decades ago) would have more resources - free access to reasonably recent music to incorporate (via sampling, etc.), transform, or just play...

      I feel like the long copyrights are contributing to the homogenization of our culture... as long as so much emphasis is placed on such a relatively small collection of current work (farming for mega-hits), the available variety is bound to suffer, and the easiest way to maximize profit will continue to be to try to sell us all the same thing, and find that one thing most of us can agree on and will be willing to latch on to...
      --
      Bow-ties are cool.
    7. Re:Absurd by Anonymous Coward · · Score: 0

      You're using terms like "theft" and "leeching" here for someone profiting from others paying for their work in voluntary transactions. You may have lost sight of what you're talking about here.

    8. Re:Absurd by Jardine · · Score: 1

      It al depends on what you want to do with your money For example, most people, given one million Euros (tax-free), would immediately buy a big car or something similar. I'd put it into a stable savings account at 4% p.a.

      You've got the right idea, but a savings account? If you've got a million Euros sitting around, you can do better than 4%.

    9. Re:Absurd by Jesus_666 · · Score: 1

      Yeah, but I like the relative safety of savings accounts. In reality, I'd probably split the money 50/50 with half going to some stable account and half going into a fonds or something similar. However, my post illustrates nicely that even something as conservative as a savings account can make you a tidy bit of money off a million bucks.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    10. Re:Absurd by dustmite · · Score: 1

      No, I'm definitely not, and I definitely haven't. Read it all again. You've either misinterpreted my post, or the story.

  4. Why bother? by Hexedian · · Score: 5, Insightful

    Why bother? It's not like anything created by the current artists in their teens will still be listened to five years from now, let alone fifty...

    1. Re:Why bother? by CSMatt · · Score: 1

      That depends. Some artists and songs are so bad that they are actually worth remembering and listening to for more than just five years, much like B-movies.

    2. Re:Why bother? by Anonymous Coward · · Score: 0

      Some artists and songs are so bad that they are actually worth remembering and listening to for more than just five years, much like B-movies.

      Hubba hubba zoot zoot!

    3. Re:Why bother? by Anonymous Coward · · Score: 0

      Hey, I have definitive proof that pop artists of prior generations can have a resurgence of popularity 20 years after their initial popularity has waned. Check out this video to see what I mean:

      http://www.youtube.com/watch?v=eBGIQ7ZuuiU

    4. Re:Why bother? by Synchis · · Score: 1

      Amen to that!

      I mean, in reality, very few of the songs that were written and produced in the 50's get much air time now. And one reason some of those songs make a come-back in Canada, is because new artists are able to take those songs (Now FREE from copyright) and re-invent them.

      Michael Jackson celebrated the 25th anniversary of the Thriller album in 2007. How many people out there can say they have listened to even *1* song from that album recently, or heard one on the radio, or on MTV/MuchMusic? Let along actually BUYING the album and listening to the entire thing. How much do you think he makes in royalties on this album each year? I would be *very* surprised if he made more than a 3 digit figure on it last year. (barring the sales from the newly released anniversary edition of Thriller, which was also released with little to no fanfare.)

      95 years of copyright is silly. Theres no way to justify it. All it will do is keep original works locked up for so long, that by the time they are free and clear, nobody will care anyways, nobody will even remember them or the artist that made them.

      The second part of TFA, about the levy, is as ridiculous as the first. Making people pay for things that they should have the right to do as fair use, is thieving from your customers. You have to pay me for an album... oh, and the MP3 version on your computer, oh and the MP3 version on your iPod, oh and the various copies that you made to make mix albums to listen to in the car... See what I mean?

      Canada has a levy system like that, on recordable media (Cassettes, CD's, etc.) called the private copying levy. The general impression of this system is that it should be done away with in light of more flexible fair dealing provisions in the Canada copyright act.

      The music industry will keep pushing, but I heard a very interesting thing from an artists mouth... Charlie Major, on CMT, claimed that the only people that will benefit from longer copyrights and more levies are the record producers.

      And while he may not be the most popular artist in the world, I tend to agree with him. They aren't doing this for the poor starving artists out there. They are doing this to staunch the bleeding of a dying recording industry. The world is changing, and they are still grasping at the past, their glory days.

      The reality is: Pandora's box is open, and the world will never be the same. Either adapt to the new order, or lay down and die.

      --
      Thomas A. Knight
      Author of The Time Weaver
    5. Re:Why bother? by Anonymous Coward · · Score: 0

      At least, I really hope not. (Then again, I wish 95% (or much more) of that stuff wasn't listened to now.) So, you do have a point. There are rapidly diminishing returns for most works out there.

      But there are exceptions. I'm sure you've sung "Happy Birthday" to someone, right? That's copyrighted, despite merely being a trivial derivation of another song in the public domain. (But that's another matter, for another time.) And under this proposition, it would remain copyrighted until 2030. That's absurd.

    6. Re:Why bother? by noidentity · · Score: 2, Funny

      Why bother? It's not like anything created by the current artists in their teens will still be listened to five years from now, let alone fifty...

      Good point! They need to add a provision for guaranteed income even if the work isn't generating any.

    7. Re:Why bother? by ardyng · · Score: 1

      Why bother? It's not like anything created by the current artists in their teens will still be listened to five years from now, let alone fifty... Of course, nobody still listens to the early stuff from Led Zeppelin or ACDC, which was made by people in their teens. ;)

      Fifty years should be enough, though. If you can't compete with free, fifty year old, or even twenty year old music, why are you bothering again?
    8. Re:Why bother? by Tribbin · · Score: 1

      The reason is hope.

      Nowadays you have to promise they will not have to do anything in their entire life if they make one good record.

      That is the only way these youngsters might some day make a record worth listening to.

      --
      If you mod this up, your slashdot background will turn into a beautiful sunset!
    9. Re:Why bother? by Anonymous Coward · · Score: 0

      i own an indie label and manage some artists too, i just signed a 16 year old composer/producer who i guarantee you will be hearing when you have a walking stick.

      NS

  5. I agree! by Jaysyn · · Score: 5, Funny

    I think that the government & various communications companies that I've done work for over the years should pay me for my designs & plans for 95 years after their creation. Why yes, they are works of art!

    --
    There is a war going on for your mind.
    1. Re:I agree! by NeutronCowboy · · Score: 4, Insightful

      Someone give this guy props and mod him insightful. I won't comment too much, since there are plenty of comments already that point out the absurdity of this.

      I'll just reiterate: there's nothing special about what an artist creates. An artist either fills a supply niche with material for which there is demand, or they're just doing intellectual masturbation. And yes, I'm dead serious with that statement.

      This means that if an artist can't find a buyer, they don't deserve an income. Now, there's indeed the wrinkle of near-free unlimited distribution of digital copies of their work. Sell your song or painting to one person, and everyone in the world has access to the digital copy. Here are the options to deal with this: make sure that the first sale of the song compensates you for the work you put into it, or get enough people to pay for it to provide enough aggregate compensation. The simplest solution for this is still the tried and true live performance. You can't copy it, because then it wouldn't be live. You can easily calculate how much you need to charge to make a living.

      That said, I can live with a certain amount of copyright law. This will make it easier for artists to create income and won't make the creation of art into a rat race of who can copy whose popular work the best. Personally, I'd like to see it be as long as a patent: 20 years. If 20 years is enough time to recoup investment in creating new technology, it is enough time to recoup investment in creating new art. Also, I don't think that copyright should end with the death of the artist. I'm sure there are enough people out there who aren't above killing someone to be able to freely copy and perform a piece of art. Not having the death provision in there will remove an incentive for killing. It's true that it's already illegal to kill someone, but it also doesn't mean we have to give killers a reason to kill.

      --
      Those who can, do. Those who can't, sue.
    2. Re:I agree! by Fael · · Score: 1

      From your usage of the phrase, you clearly believe that "intellectual masturbation" is a bad thing, so let me ask you frankly - is it the intellect that you despise, or is it masturbation? And are you also opposed to the dilution of peanut butter with chocolate?

      On a (slightly) more serious note, I do believe that art has to have meaning and worth beyond its "worth" as a commodity. (In fact, that's pretty much the textbook definition of art.) Your statements about supply and demand, and finding buyers, imply that art has merit only to the extent to which it is able to entertain. Art and entertainment both play very important societal roles, but they are not the same, and can't be judged by the same standards. Specifically, the idea that art only has value if it can pay for itself is stupid. (I'm not implying that you explicitly said that in your post, but it's one that I see tossed around a lot on /.) That's a bit like saying that non-profit corporations are worthless because they don't make money.

      Having said that, I agree that the current state of copyright law (and enforcement) seems to have virtually nothing to do with protecting the creators of art and everything to do with squeezing out profits for the publishers and distributors - and that extending the length of copyright doesn't seem like the way to fix it.

    3. Re:I agree! by NeutronCowboy · · Score: 1

      Ah, semantics. Fun. :)

      Regarding the mental masturbation, I'm neither against the mental or the masturbation aspect. However, if artists deserve an income simply because they produce something they call art, I want to get paid each time I think or each time I masturbate. I doubt that that will fly, yet a number of artists think that they deserve an income for what is essentially the same activity. If they do agree that there's more to art than mental masturbation, they also agree that they're subject to outside appraisal, and the easiest way to measure appraisal is to check how much people are willing to pay for it.

      That said, you mention that art is worth more than a commodity. You're right, it is not a commodity. Two paintings are not alike in the same way that two barrels of light sweet crude are alike. However, if art is important to society, society will pay for it. It could be done the way the French pay for it: impose a tax on TV sets and funnel the money back into government supported art programs. Art programs that don't meet public appraisal get their funding cut. Or it could be done the American way: if you want art, you pay for it. And it's up to you to determine how much.

      The point is still that someone pays for it while it's being delivered, and not 100 years down the road after the original artist is long dead.

      --
      Those who can, do. Those who can't, sue.
    4. Re:I agree! by Anonymous Coward · · Score: 0

      I'll just reiterate: there's nothing special about what an artist creates. An artist either fills a supply niche with material for which there is demand, or they're just doing intellectual masturbation. And yes, I'm dead serious with that statement.


      even though you are right, you are wrong. there is something special about their work - they turn it over to the uber rich who have the ability to buy the lawmakers. since lawmakers are for sale, they get what they want unless their is blood inthe streets, either figuratively or literally.
    5. Re:I agree! by Fael · · Score: 1

      "However, if artists deserve an income simply because they produce something they call art, I want to get paid each time I think or each time I masturbate."

      That's a bit disingenuous. Obviously, nobody is going to pay you to masturbate (under normal circumstances). However, if you are an attractive person, people will pay to watch you masturbate. Similarly, while nobody will pay you to have a thought, people will pay to read a book of your thoughts if you are a "respected intellectual".

      It's true that art and commerce intersect to a certain degree by necessity. However, I don't feel that this intersection is quite as simple as you portray it. Part of the problem with applying traditional business models to art is that most of what is generally considered great art is designed to challenge its listeners or viewers, not make them feel happy about themselves. Many of our greatest cultural artifacts were considered offensive trash, or mediocre, or incomprehensible, for generations after their creation. Similarly, many works that were immensely popular a hundred and fifty years ago are now generally dismissed as pablum.

      "The point is still that someone pays for it while it's being delivered, and not 100 years down the road after the original artist is long dead."

      And what if the artist is a commercial flop during his or her own lifetime, but hugely popular 100 years later?

    6. Re:I agree! by Anonymous Coward · · Score: 0

      Hell Yeah.

      My thought exactly. Why is copyright longer than patents? Is music more important than medicine?

    7. Re:I agree! by NeutronCowboy · · Score: 1

      And what if the artist is a commercial flop during his or her own lifetime, but hugely popular 100 years later?

      I think this is the crux of your argument, and I will take a cold stance on this: if the artist cannot convince his surroundings that he is worthwhile supporting, then he doesn't deserve support. Yes, van Gogh died a miserable, pennyless death while his paintings now fetch top dollar. There is such a thing as being ahead of his time or just too crazy to get close to, and he was guilty of that.

      The point I'm getting at is that it is by definition impossible to judge what someone else will consider worthy. Not unless you subscribe to the theory that everyone is wrong and you're right. If you allow for others to have different opinions on matters of preferences like art, you have to allow them the ability to deny support to an artist they do not approve of. Otherwise, you get exactly into the situation I described above with supporting mental masturbation - you will have to set the bar so low that everything will meet the requirement for support. After all, wasn't one of the center pieces of Dadaism the urinal in the museum? The reason it was supported was because it appealed to some people, not because it was the urinal was art.

      Finally, there are plenty of people who like being challenged by art. Witness the Virgin Mary made of cow dung or the veal in formaldehyde - that artist was supported because he tapped into something that some people found worthwhile supporting. Nobody decided for those supporters, and no one should. Because really, what you're doing at that point is substituting your judgment for someone else's judgment. And that's just pointless - unless, again, you believe that your judgment is worth more than that of others.

      In short - leave the decision of what art should be supported to the individuals. We cannot pretend to know what future generations would approve, nor can we pretend that art can be measured on an absolute scale. Therefore, we shouldn't.
      --
      Those who can, do. Those who can't, sue.
  6. EuroDisney by Corpuscavernosa · · Score: 2, Insightful

    Man they open up that EuroDisney and now they're extending copyright over there as well... Watch out for Disney China.

    --
    We figured out a long time ago that it's easier to elect seven judges than to elect 132 legislators.
  7. Aww, damnit. by Penguinisto · · Score: 3, Funny
    I'm personally hoping the make a special category for bubblegum pop music - that crap can be copyrighted for 10,000 years. Sort of like how you lock up radioactive waste based on half-life.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Aww, damnit. by Anonymous Coward · · Score: 0

      I'm personally hoping the make a special category for bubblegum pop music - that crap can be copyrighted for 10,000 years. Sort of like how you lock up radioactive waste based on half-life.

      But if the half life of bubblegum pop is only measured in months, it'll be in the public domain sooner. I think we have to take this back to the drawing board.

  8. Fair Use? by maxair_mike · · Score: 1

    Fair use, anyone? I bought the music, and if it was a digital copy, why should they have any say on me paying more so I can listen to it in my car since I don't have the means to use my iPod in my car? Oh, that's right, they want to control where, when, and and what I listen to their crap on. Let go of the dying business model. Give your consumers their proper power. I would bet things like this only encourage more people to just say "screw you" and download illegally.

  9. That doesn't make sense by thisisnic · · Score: 2, Interesting

    Why would artists need compensating for when people make *legal* copies?

    1. Re:That doesn't make sense by ewilts · · Score: 3, Insightful

      > Why would artists need compensating for when people make *legal* copies?

      More importantly, why should an artist be compensated when I burn my spreadsheets to a blank CD?

      The stupid assumption is that the blank media will be used to store music only. A levy on "data storage" makes no sense at all.

      --
      .../Ed
    2. Re:That doesn't make sense by Dr_Barnowl · · Score: 1

      I've seen this ; separate product lines, "Data" CD-R and "Audio" CD-R. The audio ones are identical, but they cost more because they have the levy on them. Obviously, only people who don't understand that there is no difference buy the "Audio" ones.

    3. Re:That doesn't make sense by Anonymous Coward · · Score: 0

      There is one difference between the Audio and Data CD-Rs ... beyond the tax.

      Standalone "consumer" digital audio recorders are intentionally crippled to force you to use the "for Audio" CD-Rs. (There is some flag on those CD-Rs telling recorders that "the user has been forced to pay taxes on these".)

      Now the AHRA does NOT require standalone players to check for the flag. It explicitly exempts computer peripherals and "professional" gear from all of the tax and copy protection nonsense. So if you're using your computer to make CD compilations from your own CDs, the "Data" CD-Rs are all you need.

  10. Two important questions: by Arcaeris · · Score: 2, Insightful

    1) What incentive does a "lifetime of income" give to songwriters to write new songs? Will amateurs be the only ones writing songs until their next big hit single?

    2) What's the difference between burning a second copy of a CD FOR MYSELF and carrying that original CD between my house and my car with me? Because one used my hand and one used a computer?

    1. Re:Two important questions: by Penguinisto · · Score: 2, Insightful

      1) What incentive does a "lifetime of income" give to songwriters to write new songs? Will amateurs be the only ones writing songs until their next big hit single?

      Well, to be fair, the laws of supply and demand eventually kicks in. The heirs of the folks who wrote Ragtime tunes probably wouldn't be seeing a whole lot of royalty income right now. In fact, I think Disney, Inc. and perhaps a handful of others are the only ones I've seen who are capable of zombifying their old stuff and still make some money off of it.

      Given the mass of dreck we see nowadays, the incentive for the sognwriter would be to keep them thar royalty checks not only coming in, but to continually make stuff that gets attention. Sure, things have (in many genres) gotten to the point where it's 'all rehash all the time', but it all has a limited shelf life.

      As for #2, I agree with you. The whole point there is a greed-play by corporations who can't stand the thought that their business model isn't quite keeping up with evolution.

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:Two important questions: by CSMatt · · Score: 1

      Well, to be fair, the laws of supply and demand eventually kicks in. The heirs of the folks who wrote Ragtime tunes probably wouldn't be seeing a whole lot of royalty income right now. In fact, I think Disney, Inc. and perhaps a handful of others are the only ones I've seen who are capable of zombifying their old stuff and still make some money off of it. Which is exactly why such an extension is pointless to begin with. It would be like the government setting a maximum price for a good or service that is far higher than the market price.
    3. Re:Two important questions: by Khaed · · Score: 1

      While I don't write music, I can answer this from a writer's perspective.

      1) What incentive does a "lifetime of income" give to songwriters to write new songs? Will amateurs be the only ones writing songs until their next big hit single?

      Most people who are really artists -- ie, we do it because we feel drawn to it, not for the money -- are going to keep doing it as long as they can afford to, because they enjoy doing it. I've written a rather long novel. I'm trying to get it into publishable shape. But I'm also writing another one. Why? I enjoy it, I love it. Until I get to a point where life (job + other responsibilities) denies me the opportunity/energy to write, I'm going to. If I got published and made Harry Potter money, I'd still keep writing (in fact, I'd only write for a living).

      Now, I don't agree with this act in the slightest; personally I'd be fine with my works becoming public domain ten years from publication or so. Because I'm going to keep making new ones as long as I have the ability.

  11. The stupid. It burns. by Noryungi · · Score: 4, Insightful

    Quite honestly, if (like me) you are a European, I guess it's time to kick some butt and make Europe more democratic.

    Whoever that Commissioner is, I propose we all sack him. With extreme prejudice, if you see what I mean...

    OK, this being said, anyone ready to open a petition against this stooopid copyright extension?

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:The stupid. It burns. by Rob+Kaper · · Score: 2, Informative

      Sack him? It's a politician. The best we Europeans can do next time is not vote for.. oh wait, the Commission isn't a democratically elected body.

      1. Sign international treaties as minister of a European country.
      2. Call this activity a "Commission".
      3. Have control over 2/3rd over European law effectively bypassing those pesky democratic decisions made by member states.
      4. Sell out.
      5. PROFIT!!!

      Looks like we can end the profit meme here, someone cracked it for us.

    2. Re:The stupid. It burns. by alext · · Score: 3, Interesting

      McCreevy is a Commissioner for the Irish Republic. He has previous form in attempting to impose US-style software patents in the EU.

      Previously Ireland finance minister, his basic position is whatever is good for big business is good for the EU.

    3. Re:The stupid. It burns. by badfish99 · · Score: 1

      It's worse: the commissioners are not ministers of the individual European countries (who would therefore at least have been elected in their own country). For example, Peter Mandelson got his job as the UK's commissioner after he had twice been forced to resign from the UK parliament because of corruption. The previous holders of the job were people who had lost elections to the UK parliament.

    4. Re:The stupid. It burns. by Bloke+down+the+pub · · Score: 1

      He has previous form in attempting to impose US-style software patents in the EU.
      Is that the one they tried to sneak in on the 437th page of a bill about fishing?
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    5. Re:The stupid. It burns. by Perl-Pusher · · Score: 1

      Previously Ireland finance minister, his basic position is whatever is good for big business is good for the EU.

      I noticed that the word artist isn't in that statement. And there's the crux of it. It never really has been about the artist.

    6. Re:The stupid. It burns. by orzetto · · Score: 2, Informative

      The best we Europeans can do next time is not vote for.. oh wait, the Commission isn't a democratically elected body.

      True indeed, but without approval from the European Parliament the Commission cannot do squat. That's how software patents were busted: the commission wanted them, the parliament told them to go fornicate themselves with a pitchfork (648 to 14, that's a pretty clear vote).

      And yes, you can vote for the EU parliament.

      --
      Victims of 9/11: <3000. Traffic in the US: >30,000/y
    7. Re:The stupid. It burns. by xaxa · · Score: 2, Informative

      The best thing to do is probably to write to you MEP. Their email and postal addresses are given. I will try and write at the weekend.

    8. Re:The stupid. It burns. by DrVomact · · Score: 1

      Just how do you go about sacking an Eurocrat? They're not elected, they're appointed. I'm not sure who appoints them...the EU Parliament, I suppose. Is the EU Parliament elected? I seem to remember that its members are appointed by the constituent countries of the European Union. (Genuine question here...if you know, tell me.)

      I can't decide if the European Union is a bureaucratic tyranny in the making, or if it's just a phantom "government" along the lines of the late Holy Roman Empire.

      --
      Great men are almost always bad men--Lord Acton's Corollary
    9. Re:The stupid. It burns. by dueyfinster · · Score: 1

      Whoever that Commissioner is? He's Charlie McCreevy; and you can email him here.
      --
      --- Duey Finster http://www.dueyfinster.com
    10. Re:The stupid. It burns. by bwbadger · · Score: 1

      >Quite honestly, if (like me) you are a European, I guess it's time to kick some butt and make Europe more democratic.

      Write to them via WriteToThem.com

      I have.

    11. Re:The stupid. It burns. by Anonymous Coward · · Score: 0

      Fuck petitions, I'm getting my shotgun.

    12. Re:The stupid. It burns. by EuroMuppet · · Score: 1

      Well you can start here, if it's open for discussion http://ec.europa.eu/yourvoice/

  12. Copyright time should be reduced, not increased by andyh3930 · · Score: 5, Informative
    If I do a days work I get paid a days wage, I don't see why it should be that much different for Musicians.

    If it takes 6 months to record an album why should they still get paid for the work in 90 years? Copyright time should be reduced, not increased After this time it would become freely distributable. If the time was reduced to 7-10 years this would surely promote creativity.

    However the artist should keep control if music was going to be used for other purpose other than listening (movie soundtrack or advert ) and be allowed to permit or deny such use.

    This would be a fairer system all round.

    1. Re:Copyright time should be reduced, not increased by Laur · · Score: 1

      I completely agree. When copyright was first created in the US, it could take years, or even decades to effectively spread your work around and copyright was a scant 14 years. With today's modern communications, you can transfer an album or book from California to Japan in the blink of an eye, and market your works globally. This means that the time to realize a profit from your work is significantly shorter. Why then have copyright terms only increased with the advance of technology? It is well known that the vast majority of works make the vast majority of their profit in the first few years of their life. It is the rare work indeed that is still profitable after 20 years, let alone 70 or 95. Why should we be basing our laws on the exceptions, rather than the rule?

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    2. Re:Copyright time should be reduced, not increased by Antony-Kyre · · Score: 1

      I agree. I think copyright should be split, for this type of stuff.

      Commercial use: 50 years
      Personal use: 10 years

    3. Re:Copyright time should be reduced, not increased by Anonymous Coward · · Score: 0

      >However the artist should keep control if music was going to be used for other purpose other than listening (movie soundtrack or advert ) and be allowed to permit or deny such use.

      I think that is wrong to. This shit let us pay to use songs like "Happy Birthday" in homemovies one youtube. Let them have exclusiv rights for 15 years, but after this, everybody should be able to take it and make with it what they want. That would boost culture.

    4. Re:Copyright time should be reduced, not increased by OldSoldier · · Score: 1

      The problem is that SOMEONE is going to make money off of those works. All the arguments against giving an artist a "life time income" through these copyright laws seem to be missing the point that even if the copyright were to go away the result would merely be more money for the publisher of the material. So... if I have to choose more money in the publisher's pocket or more money in the creator's pocket. I'll choose the creator's pocket every time.

    5. Re:Copyright time should be reduced, not increased by quickbrownfox · · Score: 1

      If I do a days work I get paid a days wage, I don't see why it should be that much different for Musicians.

      I think part of it is risk. Generally, riskier endeavors must be accompanied by proportionally great rewards in order for people to deem them worthwhile. Spending 6 months of your life recording an album, writing a novel, or painting a picture is risky. It can be expensive, time consuming, and frustrating. What if no one buys the finished product? The potential payoff has to be pretty good and in our current system part of that payoff is copyright protection. I suppose if artists made a lot more up front then the term of copyright might be less important.

      --
      Repo man's always intense.
    6. Re:Copyright time should be reduced, not increased by AlpineR · · Score: 1

      If it takes 6 months to record an album why should they still get paid for the work in 90 years?

      But an artist gets zero income during the time it takes to create the copyrighted work. And the time invested is not just how long it takes to record the music or paint the picture, but all the years of developing the skill and ideas.

      Some artists might get an advance on their anticipated future income from a speculative publisher, but their work doesn't actually generate any money until after it's finished.

      How much should an artist be paid during the process of creation? They might toil for a year and produce something that's only marginally desired by the public. Or they could produce something brilliant in a matter of days. Paying by the hour doesn't make sense with such a variable endeavour. It's more fair to let the buyers decide how much their creation is worth through royalties.

      Whether commercial success comes in two years or twenty, the public has decided it wants to buy what the artist is selling. The artist, who worked without any promise of reward, therefore deserves to be paid whenever a sale is eventually made.

      For the good of society and the promotion of future creations, there should be a limit to the artificial monopoly on distribution granted by government. Maybe that should be a decade, or maybe it should be the lifetime of the creator. But an artist's reimbursement certainly shouldn't be limited to the time it takes to produce their creation.

    7. Re:Copyright time should be reduced, not increased by chthonicdaemon · · Score: 1

      If I make a tool for someone, and they paid my asking price, is it unfair for them to use my tool to make something even more valuable? Or, if an artist paints a painting and sells it, does he deserve to be pissed off when the guy he sold it to sells it for a profit? Of course employers end up making more than employees -- that's how capitalism works. And I don't see how recording artists are so special that they need a whole different way of earning money from any other trade.

      --
      Languages aren't inherently fast -- implementations are efficient
    8. Re:Copyright time should be reduced, not increased by Rogue+Haggis+Landing · · Score: 1

      If the time was reduced to 7-10 years this would surely promote creativity. The first poem I published was in 1991. At the rate I publish maybe I'll have someone interested in putting out a chapbook by 2012 or so. At that point, under your scheme, my first poem has been out of copyright for 14 years -- before I've had a chance to make a dime on it, outside of the free contributor's copy of a now-extinct literary journal. Maybe 7-10 years makes sense for pop albums, but for the low end of literary publication, the end where the money isn't and where people have always gotten noticed by publishing dribs and drabs here and there for little or no money at all, it just doesn't work. As a poet I want what money I can squeeze out of it. Like the paperboy in Better Off Dead, I say: "I want my two dollars!"

    9. Re:Copyright time should be reduced, not increased by Anonymous Coward · · Score: 0
      If I make a ceramic pot, I have to work once for each pot, and sell them at enough cost to cover my materials, plus profit (to afford food). One unit of work per pot. If I make an album, who pays me to do that? Or write a book, or a painting?

      The difference is books and paintings can be copied easily. A ceramic pot can be copied, but it takes just as much work as the original, if not more (to copy exactly instead of roughly).

      You could have a benefactor, that's how they used to do it. Benefactor pays the artist or supplies food and shelter. Today we don't have that. Beside, how does the benefactor get money? Maybe reselling the work - but what prevents someone from just copying the painting instead of buying it? Copyright law.

      If I do a days work I get paid a days wage, I don't see why it should be that much different for Musicians.


      So an album takes a few months to write and practice, then one or two to record or master - should we pay them 4 months of starving artist salary, guaranteed? And require an album every 4 months or they don't get paid?

      Copyright and creative works are unlike anything tangible that has to be manufactured one unit at a time. Yes we make CDs one unit at a time, but we don't record each one - we record once and copy it.

      I agree that copyright should be reduced, but your reasoning in the quote above is not sound and will not survive a hearty argument. Also, if you control the right to copy, you control its use in advertising and movies. If you lose that right, you lose all rights and anyone can use it, that's why we call it public domain. If you want to retain this right longer, there is no difference between having copyright and having control - with control you are saying "you can't make a copy".
    10. Re:Copyright time should be reduced, not increased by OldSoldier · · Score: 1

      Or, if an artist paints a painting and sells it, does he deserve to be pissed off when the guy he sold it to sells it for a profit? I disagree with your example. A more correct one would be where an artist paints a painting and sells it and the guy he sold it to makes copies of it and sells those copies. Should the original artist get a cut of that. My answer is "maybe" it depends on the terms of the original sale.

      I am not a copyright lawyer nor a musician, but it occurs to me that some artists get paid as in your painter example above... specifically a one time lump sum for all rights to the work they created, and other artists get paid in the "installment plan" where they get a fraction of the sales of each copy sold. In the lump-sum case I'd agree completely with you. However, that rarely happens, seems like more often than not most of these type of artists are being paid in the installment plan and you're suggesting getting rid of that mode entirely.

      Commercial software actually provides a good example since many readers here are probably professional programmers. You're probably paid a salary to produce a program that your employer completely owns. An alternative model would be that your employer doesn't pay you anything till the product ships, but then you get like 1% of the retail price of the product. Now imagine that said "royalty-paying employer" modified that 1% deal by putting a cap on it that once total payments reached... let's say $5million, he'll just stop paying you and by consequence put that extra cash in his own pocket. Is that fair? You took a gamble by agreeing to the 1% rate in the first place. You had to work w/o compensation for the months it took to create the product. Your employer CUT his risk by not laying out his cash upfront to pay you before the product shipped. Seems to me if your employer wanted to cap your earnings he should have paid you a salary in the first place.

      In some sense programmers are being paid this way, when they get paid in stock in their start-up company. Should you cap the value of the stock at some level? Once your stock reaches... say $5million... should you be forced to sell it because "you got compensated enough"?
    11. Re:Copyright time should be reduced, not increased by RidiculousPie · · Score: 1

      Actually, if you apply economics you can see that the product will then become a part of the free market and thus it's price will reduce to the marginal cost of production; because anyone can copy it, the price will reach the cost of this copying. Less money will be made, but more copies will be sold.

      Thus a substantial reduction in price occurs, allowing more people to enjoy the copyrighted work, or people to enjoy more copyrighted works.

      The "more money in the publisher's pocket or more money in the creator's pocket" is only one point of view; the opposing is "more content in more people's pockets".

      --
      ah, mod points ... now where is my crack?
    12. Re:Copyright time should be reduced, not increased by Farmer+Tim · · Score: 1

      If I do a days work I get paid a days wage, I don't see why it should be that much different for Musicians.

      Actually it isn't much different. As a composer I get paid one of two ways: either as an employee creating a work on commission (which is exactly the same as a programmer being paid a wage) or as a freelance who doesn't get paid until (or rather, unless) the royalties start coming in. Not both.

      As a performer it's a similar deal: I can charge an hourly rate for playing on a recording for someone else, or I can fund my own recordings and attempt to make that money back in other ways. Again, this isn't dissimilar to a programmer's options (and before anyone says "performance royalties", click and read).

      To be honest, I have been paid royalties and a fee (for advertisements), but this is because I was being paid an hourly rate as a performer to record pieces I'd composed in my own time; I could just as easily have let someone else play those instruments or let someone else compose, but I don't see anything wrong with working two jobs (even if people outside the industry fail to see a distinction between the two roles. If it helps, think programmer vs sysadmin: related field, overlapping skill set, but not the same and being one doesn't prevent you being the other at other times). Besides, anyone not bleeding the corporate world dry at every opportunity is being negligent ;)

      Bear in mind that unless I'm collecting a fee by working for someone else there is no guarantee that I'll make any money at all for my efforts, and merely posessing a copyright doesn't mean it's actually going to provide an income for it's entire duration. Royalties are directly related to sales and other uses; when people stop buying a recording is when the income stops, whether it's 6 months or 60 years later (though I have to admit 60 years is ridiculous).

      If the time was reduced to 7-10 years this would surely promote creativity.

      Not neccessarily: it well might encourage wave after wave of cover acts. What I could see happening is independents writing all the new music, the majors waiting until the rights expire to create new arrangements (which could be copyrightable derivative works), then re-releasing as safe, predicable and highly promoted acts without having to pay the original composers a cent. It could be giving the labels a free lunch, and I consider that the antithesis of promoting the arts.

      The trade-off is making copyright duration short enough to encourage a musician to continue writing, but long enough to encourage other musicians to write instead of taking the easy way out for quick sales. Setting an exact time should not be done by pulling a random number out of a hat or by gut feeling, however, because basing a number on the highly visible 5% of chart-topping recordings would unduly affect the niche end of the market (which is the part of the industry that really deserves financial encouragement IMO). A statistics-based approach would be a better idea, since the point of limiting copyright duration isn't to prevent people getting rich* as some seem to think, it's to allow creative works to be freely accessable while they still retain social relevance.

      However the artist should keep control if music was going to be used for other purpose other than listening (movie soundtrack or advert ) and be allowed to permit or deny such use.

      Sounds reasonable, except I'd extend that to include derivative works for any commercial purpose so the scenario I described above is prevented. Non-commercial copying and derivative works are quite acceptable, possibly even desirable since a tune that becomes popular after the exclusive rights expire could still earn royalties from commercial uses it never would have seen when obscure...win/win as far as I can see.

      BTW, I'm not trying to flame or lose karma (and let's face it, I'm going to moderation hell for this po

      --
      Blank until /. makes another boneheaded UI decision.
  13. Cheers Charlie... by MosesJones · · Score: 4, Informative

    Ruddy hell there are some people who really do give the Irish a bad name....

    Charlie McCreevy is an ex-Irish MP and a chartered accountant whose biggest role was as Minister for Finance in Ireland.

    Currently has no registered special interests of note, but damn he has come up with a stupid proposal. Even something sensible like "until death" would have met the requirements for people living longer whereas 95 years is just about the corporations behind the people.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Cheers Charlie... by rtechie · · Score: 1

      He's a whore. No one would make such a proposal if they did not have ties to big media. Simply because he's not publicly announcing them doesn't mean they aren't there. He's probably been bribed by EMI.

    2. Re:Cheers Charlie... by Anonymous Coward · · Score: 0

      posting AC since I have terrible karma on my account and I actually have something valuable to add to the conversation

      Here in Ireland we have a much different relationship with our politicians. You'd hear people talking about their TDs (equivalent of MP) and ministers as if they were old friends. Amd that's the thing about Charlie McCreevy, he's that lovable rouge who's rich as sin and scammed the country to hell and we all say "Ah sure good on him". In essence he a running joke, in a good sense.

    3. Re:Cheers Charlie... by Kirth · · Score: 1

      The Irish have something called a Shillelagh which should be applied to Mr. McCreevy.

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
  14. Lifetime of income from one thing? by MrPerfekt · · Score: 1

    Talk about encouraging laziness! Why should an 'artist' garner a lifetime income from a single thing? I install an OS on a server, should I be expected to get royalties for as long as that server is in operation? No, of course not, that's insane. Yet this is how recording companies, legislatures and even maybe some real artists see the world. Make once, get paid many. I guess that's par for the course in a world that makes life entirely too easy.

    --
    I just wasted your mod points! HA!
  15. If they don't by wiredog · · Score: 0, Troll

    Why would they bother in the first place? If you can't earn a living from your work, why would you stay in that line of work?

    1. Re:If they don't by plague3106 · · Score: 3, Insightful

      Well, you can earn a living. Except you need to do it pretty often. As in, I need to go to work almost every weekday to earn my living. Why should an musician be done their "job" after one song?

    2. Re:If they don't by rifter · · Score: 2, Insightful

      Well, you can earn a living. Except you need to do it pretty often. As in, I need to go to work almost every weekday to earn my living. Why should an musician be done their "job" after one song?

      That's a straw man, because the reality is that they aren't. Even casting scumsucking middlemen (record labels etc) aside, you can't just make a song and have done. It has to be performed and promoted, and that is why people choose to buy a cd or tickets to their concerts. If they don't deserve your money I guess you are not buying their CD. But don't pretend it's not work just because it is different from the kind of work you might do.

      I'm surprised that slashdot, being as thick as it is with people who claim to be artists of a sort (they write code for a living) and therefore make money directly as a result of the copyright law structure would argue that we should throw the whole baby out with the bathwater. Maybe because most of the people answering are not coders or are schmoes who only produce "works for hire" and therefore do not directly benefit from residuals. But if the residuals were not there for the company you have signed the copyright for your program over to; that is, if they were not allowed to sell your work for money, they would have no money to pay you. Furthermore the opportunity is there if you manage to create something in an unencumbered environment (no big corp gets to claim they own your work) YOU might be able to make some money off of those continuing sales. Either way though you are getting paid specifically because there is value to what you produced that people are willing to pay money for. If there was no copyright at all, they would not need to pay you, or worse it would be easier for other people to make money off your work while you get nothing.

      The IP laws need serious overhaul. But let's not get carried away here. There does need to be a structure to allow creators of intellectual work to be paid else it's back to the cotton fields for all of us.

    3. Re:If they don't by plague3106 · · Score: 1

      That's a straw man, because the reality is that they aren't. Even casting scumsucking middlemen (record labels etc) aside, you can't just make a song and have done. It has to be performed and promoted, and that is why people choose to buy a cd or tickets to their concerts. If they don't deserve your money I guess you are not buying their CD. But don't pretend it's not work just because it is different from the kind of work you might do.

      Quite a few bands have had only one hit song or album, and the members still live pretty comfortablly. I never said it wasn't work.. I simply said that one project should be enough to sustain them for the rest of their lives. They should have to create more or find another way to produce income.

      I'm surprised that slashdot, being as thick as it is with people who claim to be artists of a sort (they write code for a living) and therefore make money directly as a result of the copyright law structure would argue that we should throw the whole baby out with the bathwater. Maybe because most of the people answering are not coders or are schmoes who only produce "works for hire" and therefore do not directly benefit from residuals. But if the residuals were not there for the company you have signed the copyright for your program over to; that is, if they were not allowed to sell your work for money, they would have no money to pay you. Furthermore the opportunity is there if you manage to create something in an unencumbered environment (no big corp gets to claim they own your work) YOU might be able to make some money off of those continuing sales. Either way though you are getting paid specifically because there is value to what you produced that people are willing to pay money for. If there was no copyright at all, they would not need to pay you, or worse it would be easier for other people to make money off your work while you get nothing.

      First off, coding is not in any way "art." Its a science, pure and simple. Second, I never said we should get rid of copyright, only that it should expire and the copywritten work needs to enter the public domain. Nothing wrong with that, and in fact software copyrights can expire quicker than other copyrights, because new versions are released fairly quickly. In other words, I shouldn't be able to make one really great app; I should make one great application, benefit, but either improve it with a new version or make a totally different great application.

      The position I'm in now is also different; its doubtful my work here would be valuable outside this company, because the software I create is tightly coupled to the way they work. Why would anyone pay me to write such an application if they didn't own it in the end?

      The IP laws need serious overhaul. But let's not get carried away here. There does need to be a structure to allow creators of intellectual work to be paid else it's back to the cotton fields for all of us.

      I never said otherwise; I think copyright should be shorter and it should NOT be possible to extend it ever, but I do think it serves a purpose.

    4. Re:If they don't by Jack9 · · Score: 1

      That's a straw man, because the reality is that they aren't. Even casting scumsucking middlemen (record labels etc) aside, you can't just make a song and have done.

      Calling it a strawman is either ignorance or simply stating fiction as fact. There are literally thousands of songs that have become popular in my lifetime without a single performance or record label. More through a single performance. Hamsterdance? Badger Badger Badger? Magical Trevor? Musical success is in the hands of the artists and listeners.
      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
  16. one-hit musicians only? by a10_es · · Score: 3, Insightful

    if an artist is incapable of creating nothing more than a hit, is (s)he really an artist? should (s)he be able to live off of it? and why should this be limited to musical recordings only? why not ebooks or other digitally-storable artistical forms?

    1. Re:one-hit musicians only? by ADRA · · Score: 1

      Wow, there are so many identical comments to this for the story. I can't explain why everyone's lost their sanity on this issue.

      1. As a counter point to your asinine statement, is J. D. Salinger not a real artist because he only wrote one full length novel (and a few short stories)? No, I think he deserves his credit for writing one of, if not the great novel of the 1900's.

      2. If a crappy artist writes one song that hits it big, its not like they're going to be able to pack up and move to the Bahamas to live like a king/queen off their royalties. If the song's a one hit wonder then most likely the buzz and the royalties will fizzle away as time forgets them. It will not encourage one hit wonders to just give up and live like fat cows.

      3. What this law will do is increase the number of beneficiaries (be it corporations or next of kin) soaking up the rewards from the artist once they've passed away, or transferred ownership.

      If the EU is really itching to help out the starving artists, why not set lifetime (or last alive in terms of a group composition) copyrights so that when all members of the composition are dead, the piece is opened into the public domain, and make the benefits of the creation non-transferable. This will mean that artists can't cut and run while music barons stockpile collections of original content to be sold to the highest bidder (PS: I know next to nothing about the music industry so this last point may be completely off).

      You do have a point about the hypocrisy of making the law for musicians only. I don't believe in the law 'as described on Slashdot', but its even worse that they're trying to benefit one medium over any other.

      --
      Bye!
  17. oh well by OrangeTide · · Score: 2, Funny

    Not like anyone honors the copyright anyways.

    --
    “Common sense is not so common.” — Voltaire
  18. Self defeating by Mprx · · Score: 5, Insightful

    The more ridiculous the so called "intellectual property" laws become, the faster the remaining traces of respect the average person has for them will erode. While there's a valid argument for a short copyright term being beneficial to society, 95 years will only encourage people to ignore the law altogether.

    1. Re:Self defeating by TheRaven64 · · Score: 3, Insightful
      Mod parent up (more). I make a living from copyright, and this kind of proposal worries me. Copyright is a bargain between the creator and society. Society agrees to enforce a (limited, temporary) monopoly on my behalf, which is really great for me. In return, they get certain limited rights now and complete rights later.

      Gradually, this deal has been skewed more and more in my favour (w00t). The problem is, 100% of the bargaining power is on the side of society as a whole. If I don't like the copyright terms, what can I do? Stop writing and get a real job? Wow, that would suck.

      Let's look at what society really gets. Limited rights immediately? Well, kind of. Unfortunately, unscrupulous copyright holders are trying to take these away with DRM. Since governments haven't done the sensible thing, and made DRM and copyright an either-or proposition, society as a whole gets screwed and loses these short-term benefits. Well, what about the long term? They still get the works falling into the public domain, right? Well, in theory. Pop songs that were hits when my parents were at school are still under copyright. Stuff that written when my grandparents (who are all dead now) were at school is now falling into the public domain though...

      Eventually, the population is going to wake up and say 'wait a second, we aren't getting anything out of this.' Eventually? Well, the last poll I saw said that around 90% of the population infringed copyright on a regular basis, so 'eventually' really means 'now.' How long does it take for something that 90% of the population think is morally acceptable to get legalised? If we, as copyright holders, don't start proposing reasonable compromises, it won't be long before the population starts to realise that copyright only exists because they agree to enforce it and decide that a fairer deal is not to enforce it at all. If that happens, then there's really not a huge amount we can do.

      --
      I am TheRaven on Soylent News
    2. Re:Self defeating by NeutronCowboy · · Score: 1

      Interesting perspective. I think this is why you see all the attempts at IP "education" by the various corporations and associations. They know that the only way they will get keep their ride is if society in general buys into it. Personally, I see that most of the people I know don't give a rats ass about copyright, and freely copy whatever they get their hands on. The only person I know who is in favor of damn near perpetual copyright happens to stand to profit from stuff her dad created about 20-30 years ago.

      --
      Those who can, do. Those who can't, sue.
    3. Re:Self defeating by Jason+Levine · · Score: 1

      You would think so, but it actually seems that people are getting used to longer and longer copyrights and more and more restrictions. A "Boiling the frog" phenomenon, most likely. (Put in quotes because "boiling a frog" itself isn't true, but the story does describe a real effect.) I have arguments with people whenever the subject of copyright comes up. They don't understand why copyright shouldn't be forever. After all, they say, it's the artist's property just the same as your house is. Should the government step in 20 years after you buy a house, kick you out, and give it to someone else? (Their argument, not mine.)

      I struggle to explain how Intellectual Property differs from physical property, how we started off with limited copyright terms designed to foster innovation, and the value of a strong Public Domain, but I fear that the argument falls on deaf ears. These folks just see Public Domain as some alien concept and a tool designed to yank property away from the rightful owners. They don't even see anything wrong with passing intellectual property on to heirs after the artist dies. My "who owns Shakespeare's works" arguments don't make a dent. (If copyright is forever, how do you track down ownership of Romeo and Juliet? Heck, even copyright ownership on works 50 years old can get murky.)

      I don't think ridiculous copyright laws are something to be celebrated with an expectation of a citizen's revolt. They are to be fought tooth and nail because the citizens will just wind up accepting each little step further and further away from what copyright is supposed to be about.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    4. Re:Self defeating by TheGratefulNet · · Score: 1

      the faster the remaining traces of respect the average person has for them will erode

      that horse has already left the barn.

      I cheer for the kids today that 'steal' music. GOOD! that's the retaliation message (ie, that the big media has not learned their lessons yet) that needs to be communicated.

      I've long lost any respect for 'ip rights'. its a joke, and not even a funny one.

      I write software for a living. I've been doing that for over 30 years now and I have the grey hairs to prove it. do *I* get any percentage of the profits on an ongoing basis? shit, man; even if I was still in the same company I was in 30 yrs ago, I would still 'only' get my salary and that's it. and as soon as some younger guy is found to be cheaper than me and ready to start the job, I'm out on my ass. not only do I not have a salary then but I have no 'royalties' to keep me going, on.

      as I'm sure many of you will agree, why is our 'art' not worth a recurring check in the mail? we put our hearts and creativity in our code, very often. its an effort not unlike painting or writing songs or playing music. yet society feels that 'artists' should get royalties and software people, well, usually not.

      unfair!

      lets remember how musicians used to get paid. they would sing for the king. they would get dinner and a roof over their heads, in return. do you think court musicians got 'royalties' if they stopped performing for the court? of course not! if you don't work each day, you don't get paid.

      something perverted that 'don't work, don't get paid' model and I don't at all agree with the idea that you can release a work once and get a revenue stream forever from it.

      and apparently, the kids today also see this scam and so they are showing the media companies that its time for a re-model.

      --

      --
      "It is now safe to switch off your computer."
    5. Re:Self defeating by Firefalcon · · Score: 1

      Well said.

      I'm against copyright infringement, but I can't honestly say I've never done it. However, where I can see the person who has put the effort into making their product is the one directly benefiting (think Fairtrade art, etc), I feel more inclined to buy it, knowing that the money is benefiting them and they aren't getting ripped off.

      More and more we are seeing the records labels enjoying the fruits of other people's labour for a period of more than half an average person's lifetime, and while they reward their top artists with more than many of us can expect to make in a lifetime, the lessor artists are scrapping by while the record label makes $$$ out of their work.

      I think that a copyright period of 25 years would be more than enough, perhaps less, but any for profit derivative of the artist's work, they would need to agree licence terms with the artist, with a minimum percentage written into law to ensure that the artist doesn't get forced into letting someone make $$$ off their work while they get pittance. This would mean that, after the 25 years, people would be free to copy the work, but not to (re-)sell it for more than the copying cost.

      Similarly, the artist can licence their work to a record label for either a fixed fee or royalties, or both (again with a minimum level set so they don't get ripped off), but after the 25 years (or less if the agreement states), the record label would have to relicence from the artist, but it could not be an exclusive licence any more. At no point, however, does the copyright leave the artist.

      The only-side issue I can think of is regarding documents or code written in the workplace, but perhaps that could be covered by a "commissioning of work" exception. I know that the record labels would probably make use of this to avoid what I discussed in my previous paragraph, but again after 25 years it would cease to be under copyright (so they would have more incentive to leave copyright with the artist to be able to relicence the work knowing others wishing to profit from the work would also have to licence it too), and provided it is made clear that companies can only hold copyright for 25 years if they are the creator or commissioner of the work, then I think this would be a much more acceptable solution to society in general.

    6. Re:Self defeating by Firefalcon · · Score: 1

      I just realised that I failed to make clear that the for-profit licencing after the 25 years obviously has to come to an end at some point. I'd say either the artist's life or that + 5 so that their inheritors don't see their parent/partner/etc's work suddenly being sold everywhere while they are still grieving for their loss or were dependant on the deceased's income.

      Either way, after the original 25 years, the public would be free to access and copy the work, just not for profit, so the remainder of the time covers the money making side of it, without ripping off society.

    7. Re:Self defeating by Anonymous Coward · · Score: 0

      Eventually, the population is going to wake up and say 'wait a second, we aren't getting anything out of this.' Eventually? Well, the last poll I saw said that around 90% of the population infringed copyright on a regular basis, so 'eventually' really means 'now.' How long does it take for something that 90% of the population think is morally acceptable to get legalised?

      Good point. Then we can fix copyright right after the drinking age goes down to <=18.

    8. Re:Self defeating by stubear · · Score: 1

      Even if we went back to the original 14/14 system of copyright, rampant illegal distribution of copyrighted works would be occurring at relatively the same rate as it is now. How many movies and songs do you see on the P2P networks from the years prior to 1980? Most of it is current TV shows, movies that are barely a year old or songs that are playing on the radio now. It's very simple, people want shit for free and they will get it anyway they can and make any number of excuses as to why they do what they do but it all boils down to wanting shit for free. I have no respect for these kids and I truly hope their actions come home to roost one day, leaving them destitute and broken.

    9. Re:Self defeating by Mprx · · Score: 1

      With today's greatly improved distribution methods, the optimal length of copyright is much less than the original 14/14. Something like 5/5 seems reasonable, with the first 5 years free and a high cost for the extension.

    10. Re:Self defeating by Jason+Levine · · Score: 1

      Returning to sane copyright lengths doesn't mean that some people won't illegally distribute copyrighted works. You could make copyright last for one month only and people would still distribute (and download) movies the instant they appeared in theaters (or before in some cases). The "I want it for free or I don't want it at all" crowd isn't a reason for changing copyright lengths one way or another. They'll be there no matter what you do.

      The thing to look at is whether copyright laws are really fostering innovation. Despite what Disney would want you to believe, lengthy copyright doesn't encourage new works to be developed. If I make something (book, movie, music, etc) right now, my work will be protected for 70 years after my death. I'm 32 right now. Assuming I live to 80 years old (though I hope to live longer), this means that my work would be protected until the year 2126. (Given no further "Mickey Mouse Copyright Extension" laws, of course.) Assuming that my children/grand-children don't sell off all of their rights to my work, and assuming that each has a child at 28 (my oldest is 4 right now), my great-great-great-grandchild will be 11 by the time the work enters the public domain. How is granting my great-great-grandchildren copyright ownership over my works going to encourage me to make new works (when I've been dead for over half a century)?

      This example also doesn't touch on how murky copyright ownership becomes. Suppose my grandson winds up selling copyright ownership to Company A. A merges with a second company, B. A spinoff company C is formed, goes bankrupt, and is bought out by D. E breaks away from B and merges with F to form a new company D. Now which company owns the rights to my work? Can't tell right now, can you? You would need to read tons of legalese documents to track down where the copyright holdings went. Your average artist looking to use my work as a basis for something else (in a way that would require permission) probably would be forced to either a) not get permission and hope to not be sued, b) not make his work, or c) hire a lawyer at great expense and spend years tracking down the proper owner (possibly failing after having spent lots of time and money). A 14+14 year system would make ownership clearer and would make abandonware less likely to occur.

      When it comes to actual people distributing copyrighted works illegally, I sympathize with the statement that they should be penalized. I do disagree, however, with how much. Copyright is a civil matter and shouldn't leave someone destitute. The $150,000 per incident fine was written when the main "pirates" envisioned were CD press operations working to violate copyright for a profit. Today's "home pirate" isn't interested in a profit. I think that the punishment should fit the crime (with some padding to help deter those who aren't caught). If you violate copyright by downloading/uploading a copyrighted material without proper permission, you should be forced to pay 10x the fair market value for that work. Share an MP3? Pay $9.90 (10x$0.99). Share out a DVD movie? Pay $150 (10x$15). Obviously, one $10 fine won't deter anyone, but most folks accused by the RIAA of sharing songs illegally are accused of sharing a few hundred songs at least. This pushes the fine up to a few thousand dollars. Nothing that would bankrupt the uploader, but a fine that would hit them hard enough financially to seriously reconsider ever doing it again. Perhaps you could double fines for repeat offenders, also. First time offender? 5 times market value. Each subsequent time caught you double the multiplier.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:Self defeating by Badbone · · Score: 1

      90% of the population think is morally acceptable

      I think you are ascribing motives to this 90% that just arent true. People infringe copyright because they want the item, but dont want to pay for it. They arent trying to strike a blow for intellectual freedom, they just want free stuff is all. No nobility here, no social mandate. Just people that want stuff without paying for it.

      --
      It can be go tiem now plees?
    12. Re:Self defeating by kocsonya · · Score: 1

      The problem with that is that when there's a law that almost everybody routinely breaks, then you gave your government a weapon that they can turn against you. You have a right to protest even if they don't like it. But if you *do* protest, you will be one of those whose home is searched and computers and other equipment seized to check copyrigth infringement, and if they find say deCSS on your drive anywhere or an MP3 that you can't produce the CD for, then you are going to be squashed.

      This is the same stuff as locking up Al Capone for tax evasion, except that if you make tax evasion virtually unavoidable, then you can lock up anyone you wish.

      The problem is that politicians do not represent the interest of the people, they represent the interests of the highest bidder, and it seems that people can't pay as much as huge industries can. Until the people get to the point that they decide to "re-educate" politicians by some effective (albeit drastic) means, things are not going to get better.

  19. Re:Trolling by KublaiKhan · · Score: 4, Funny

    I'm copyrighting(c) the use of the word copyright(c). Everyone who uses the word copyright(c) must put a little copyright(c) (c) after it, and give me $.05 for each instance.

    I'm also copyrighting(c) the word copyleft(c), so you Gnu folks won't get away with it either.

    And the copyright(c) (c) notation? Yep, copyrighting(c) that too.

    This post copyright(c) me, 2008.

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
  20. I dont mind lifelong copyrights... by night_flyer · · Score: 2, Insightful

    but I think the owner, must re-register the work ever once in a while, otherwise it can revert to the public domain. its a win for Disney who dont want to lose the mouse and it would be a win for the consumer who want an out of print song\book\movie that only they care about

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:I dont mind lifelong copyrights... by plague3106 · · Score: 1

      Like it or not, that mouse is a part of US culture. We SHOULD have the rights to it by now. Jefferson et. al. didn't want culture tied up in business forever.

    2. Re:I dont mind lifelong copyrights... by Tipa · · Score: 1

      More often than not, companies hold the rights to the work, so you can't rely on the artist's continued interest to keep the copyright valid. Companies will keep EVERY work tied up FOREVER under your proposal.

      What really will happen is that most of the stuff we value will just disappear because it was locked away. Sure, the most famous stuff will live on, but the vast majority will be entirely forgotten. We'll become -- are becoming -- a culture with no memory.

    3. Re:I dont mind lifelong copyrights... by night_flyer · · Score: 1

      not nessesarily... if they have to re-register, make sure it costs them money and time

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    4. Re:I dont mind lifelong copyrights... by Creepy+Crawler · · Score: 1

      Back in Jeffersons' time, company charters were only granted in terms of creation of a public works project (like building a bridge, or other gigantic structure).

      It was only the scribing of a court reporter on a "off the cuff" comment a judge made after a court case. It was later seen as "part of the case", and corporations were considered a "person". Our current mega-corporations are a fluke in judicial "law".

      --
    5. Re:I dont mind lifelong copyrights... by spitzak · · Score: 1

      I think a scheme whereby you can buy extensions to copyright would work, and (just maybe) the government + lobbyists would approve it.

      Something like you get the first 10 years for free. Then you must re-register the copyright each year after that. And the price of re-registering it goes up each year, probably linearly.

      Disney could keep re-registering Mickey Mouse and whatever else it decides they might make more money from than the registration each year. Stuff that is worthless would drop out of copyright. Also if you found an obscure item and it is more than 10 years old, it would be easy to check to see if it is copyrighted because the registrations would be recorded.

    6. Re:I dont mind lifelong copyrights... by cb_is_cool · · Score: 1

      But the owner in most cases is the producer, not the artist. And you can bet yourself they will renew it as long as it continues to make money.

      --
      cb_is_cool knows where his towel is.
    7. Re:I dont mind lifelong copyrights... by Tipa · · Score: 1

      But then you penalize the indie artists who own their own work, forcing them to sell it to corporations.

    8. Re:I dont mind lifelong copyrights... by night_flyer · · Score: 1

      If they are really making money off of their IP then they should be able to pay the Copyright fee... as mentioned above by someone else... its free for the first 10 years, then it gets more expensive as time goes on

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    9. Re:I dont mind lifelong copyrights... by tricorn · · Score: 1

      I've suggested a re-registration (say every 10 years) with an increasing registration fee every 10 years (free the first 5 years, $100 for the next 10, $10,000 for the next 10, $1,000,000 for the next 10, and so on). No limit on the number of times you can re-register.

      Another alternative would be to have the fee based on how much value you put on each copy; anyone would be able to make a copy with the payment of whatever price you put on it, but your re-registration fee would be based on what that value is (say, that $100 for the years 5-15 would be for a per-copy fee of $.01). You could increase the per-copy rate by paying up the NEXT period's fee rate, less what you already paid, but no refunds for dropping the rate.

      If something isn't important enough to sell 100,000,000 copies or more after 30 years, I don't see why you should be able to protect it for that long. Get cracking on producing something NEW.

  21. Terminator Chick? by webword · · Score: 1

    What if that chick on the new Terminator series came out with a song? I mean, she probably lives forever and stuff. By this logic, copyright should be infinite. Terminator babes deserve equality.

    1. Re:Terminator Chick? by RevRigel · · Score: 1

      Actually, a Terminator's power cells only last for 120 years. Sorry.

  22. Oh, drat. by El+Jynx · · Score: 1

    There goes the neighborhood. What say we spam McGreevy with groovy alternate ideas and lots of reasons why his idea is, shall we say, decrepit and ignorant? Politely, of course. We're decent people.

    What the Big Four SHOULD do is use a business model where people deposit money on an escrow account or something, and once the account reaches a certain amount, put the album/movie they're paying for online, in high quality, for free. For example, let's say they want $10,000,000 for a new Pearl Jam album. People who want a byte of that fork over a few bucks, plus a few bucks extra if they want a CD with a pretty inlay and a PJ mug and T-shirt. Moichandizing, moichandizing! I like having band gimmicks and pens, gimmeh!

    Seriously though, I think it would work. Copyright just doesn't, in its current form; it's swimming against the stream. Plagiarism is built into nature. Molecules are identical, so are their composite particles (i.e. they're clones); DNA does self-replication; creatures learn through imitation, else why would there be schools? That's the base line why copyright is just not so right. The only edge you have is to keep an idea, song, movie or program (update?) for yourself and release it under certain terms. Once it's in the wild, good luck trying to control it. (Right, RIAA?). I'd set up a company to do it myself, but I'm already running four and I'm a bit tired, so I'll let one of you scoop it up and get rich. I'll happily help pay for the next Mighty Mighty Bosstones album.

    - Jynx

    --
    A positive attitude may not solve all your problems, but it will annoy enough people to make it well worth the effort.
  23. Good idea. by illegibledotorg · · Score: 1

    This is godsend for artists like Britney Spears who still have incredibly popular songs like her "Baby One More Time" and "Oops, I did it again"

    Think about how often you hear those songs on the radio! In 2093, Britney will need the income from this song to survive! Honestly, she's entitled.

    1. Re:Good idea. by CSMatt · · Score: 1

      The sad thing is I actually know a few people who still like her music, despite it being painfully obvious to me now that she was utter crap from the start. The only excuse I can think of for them is nostalgia.

    2. Re:Good idea. by HTH+NE1 · · Score: 1

      At the rate copyright is extended, Britney Spears will continue receiving royalties in the year 5.5/apple/26 for her traditional ballad "Toxic".

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    3. Re:Good idea. by rkanodia · · Score: 1

      Unfortunately for her, the media levy on 45 RPM iPods will have expired.

  24. huh? by apodyopsis · · Score: 1

    Meanwhile if you invent a really cool technology that saves millions you only get payment for, what, 20 years?

    Seems a little disproportionate/unfair - I mean like a good tune as much as the next person, but I don't see it having the same impact as many new inventions can. Sounds harsh if the inventor of a third world solar powered incubator, or a new catheter, or a water purification kit gets money for only 20 years whilst the writer of the crazy frog can get money for 95. What is the world coming to?

  25. This is Getting Stupid by whisper_jeff · · Score: 1

    Screw it! Someone copyright the damn dictionary and all words within and stop people from writing books and songs entirely. Yes. I know that's a moronic suggestion but, at the rate things are going, it'll sound more and more logical compared to the inane crap that politicians and lobby groups are suggesting... And I work in a creative industry where protecting the rights to my work is important to me, but this is so far beyond laughable now....

  26. In other news... by Tuoqui · · Score: 1

    Workers are demanding to be compensated for their work for 95 years after leaving a business because everything they do is obviously copyrighted to them.

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
  27. Protect the artists? Please by CrazyJim1 · · Score: 1

    This is to protect the recording industry.

  28. Since when do artists deserve by rolfwind · · Score: 4, Insightful

    a lifetime income? Can't they make enough profit off of it the first 50 or so ridiculously long years? Works often make the most money in the beginning of their life, not so many years later when it is no longer in synce with the zeitgeist that imbues so many creative products and fads.

    I can't get a lifetime income based on most work I did so many years ago. Neither do others.

    The purpose of copyright was to give an incentive to produce and publish material -- and have society benefit both by initially recieving it and then getting it in public domain. Enforcement costs money (police, courts, etcetera), so this time-limited monopoly was a fair arrangement.

    But by no means was it to guarantee an income for life. That seems a little too much for just any random creative work when others have to make a day to day living. Not that I believe "it's for the poor starving artists!" line anyway.

    1. Re:Since when do artists deserve by freedom_india · · Score: 1

      Why doesn't the MF also state that EU will legislate companies are bound to pay 50% of the royalty to artists?
      Why doesnt the motherfucker EU legislate that 360 degree contracts are invalid, and unless artist has 50% of the total income the label gets, the contract is invalid.
      Am sure more radioheads will follow.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  29. WTF? by gstoddart · · Score: 1

    He also wishes to investigate options for new levies on blank discs, data storage and music and video players to compensate artists and copyright holders for 'legal copying when listeners burn an extra version of an album to play one at home and one in the car

    And, why should they be 'compensated' for it at all? I bought the CD. By my understanding of fair use, I'm fscking allowed to do that.

    Just because they want to convince people that they should get paid for media/place shifting, doesn't actually make it true. It's just what they're trying to convince people.

    OK, fine, downloading it without paying for it is copyright infringement. Pursue that. I don't care. But things like mix tapes have already been ruled as a perfectly legitimate use of your own copies of songs.

    Soon they'll want to get paid every time I hear the &^$^^& song. They really do risk alienating the people whoa actually buy this stuff.

    Just my 2 cents.

    Cheers
    --
    Lost at C:>. Found at C.
    1. Re:WTF? by plague3106 · · Score: 1

      Soon they'll want to get paid every time I hear the &^$^^& song.

      Where have you been? They've been wanting that for years, and have publicly said as much.

  30. NINETY-FIVE Years?!? by Digital+Vomit · · Score: 1

    This is in "dog years" right?

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  31. You FAIL by Mr.+Underbridge · · Score: 5, Funny

    I hereby copyright Trolling. Nobody is allowed to troll without my permission. License fees start at 100 BILLION dollars.

    Sorry punk. You can only copyright your own troll posts. Provided the act of trolling weren't patented, which it is, by me.

    My lawyers will be in touch.

    Sincerely,

    Mr. Underbridge

    Resident Troll

    1. Re:You FAIL by Anonymous Coward · · Score: 0

      "He also wishes to investigate options for new levies on blank discs, data storage and music and video players to compensate artists and copyright holders for 'legal copying when listeners burn an extra version of an album to play one at home and one in the car ."

      You.ve got to be kidding!!!!

      Why should I pay some lazy crappy loser, to sit on their butt for music I never listen to, just so I can watch a DVD or burn my Van Halen CD that I BOUGHT TWENTY YEARS AGO!

      KISS OFF LAZY LOSER!

      Get a real job and quit whining and trying to rip everyone off.

      PS. CD's don't last but 5-7 years, and thats if you take extreme care of them. So we HAVE TO MAKE copies of them.

      Quit trying to steal from US so you can make a buck off of money we already paid for music we ALREADY BOUGHT!

  32. So what? by DigitalisAkujin · · Score: 1

    Even if this is legislated does anyone truly believe it will have any impact?

    The internet is creating a de-facto public domain. lol

    1. Re:So what? by sharkb8 · · Score: 1

      I see you're a senior web developer. If, as you state, the Internet creates a de facto public domain, does that mean that everything you post to the Internet may be freely re-used by anybody, for any purpose? Because I just copied your employer's website and I'm using it to sell the same products as you.

  33. Why not just ban listening to music altogether... by mario_grgic · · Score: 1

    that would solve copying problem for good. Honestly, I don't even want to listen to any commercial crap any more at all. They can have their music.

    --
    As the island of our knowledge grows, so does the shore of our ignorance.
  34. Dadada by a+whoabot · · Score: 1

    Would this apply in the UK?

    Aren't some of the Beatles' earliest recordings going to be entering the public domain very soon unless the copyright terms are extended?

    1. Re:Dadada by Rod+Beauvex · · Score: 0

      Which is why this is propping up. It's like the Micky Mouse protection acts that have been passed here in the US.

  35. Oblivious to the actual economics by 91degrees · · Score: 2, Insightful

    If it doesn't make a lifetime worth of income in the first year, it's very unlikely any publisher will bother with a work after a few years. If it hasn't made a tidy sum to invest in 50 years then it's been out of print for most of them.

    How many works are there that are over 14 years old, still generating royalties, and have not made enough money for the creator that they can comfortably retire for the next 95 years?

  36. Copyright time by Wowsers · · Score: 1

    A more reasonable copyright time is when you die, so does the copyright to that work.

    --
    Take Nobody's Word For It.
    1. Re:Copyright time by ivan256 · · Score: 1

      What happens with works that are created by more than one person? That are continually modified by an incoming stream of new people?

      Until death is just dumb. It unfairly punishes the creator for dying early (he does have a right to provide for his family, after all), unfairly rewards the creator for living an extra long life, and isn't justified by the theoretical point of copyright in the first place (to encourage creation).

      The term should be 14-20 years if registered, and 1 year if not. After that you should be able to renew as many times as you like on a five year interval, and you should be able to assign that right to your heirs. The fee should be large, and per work. The fee should increase exponentially for each renewal. That would make the law uniform amongst individuals, groups, and corporations. It would balance the societal benefits with rewards for the creator.

    2. Re:Copyright time by HTH+NE1 · · Score: 1

      How about when the work itself would naturally die? I find it ludicrous that a tray liner in a fast food restaurant should enjoy unknown-author's lifetime plus 70 years of copyright protection in the US.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    3. Re:Copyright time by Firefalcon · · Score: 1

      Exponential incrementing fee, that's a perfect idea! Would Disney still want to extend Mickey Mouse's copyright if it would cost them, say, $1 billion?

      At some point the cost of re-registering would exceed the value to the person or company, and then it would become public domain...

  37. Support Creative Commons by Anonymous Coward · · Score: 0

    If you don't like these crazy Copyright terms, the answer is simple: Avoid works under full Copyright, and encourage others to do the same.

    Now, if you can get a fair use copy without paying for it (i.e.: DVR your favorite TV show, record your favorite song off the radio, etc.), go ahead and do it. But, DO NOT, under any circumstances, spend money on works under terms you don't like. Take all the money you would have spend on those works, and contribute that to artists, writers, etc. you like who publish under a Creative Commons license.

    Artists (of all kinds) will follow the money.

    If you follow this practice, and convince two others to do the same, who in turn convince two others, we'll get a pyramid scheme going that will end with the death of infinite copyright terms, and more creative works for us all to share and remix.

  38. Why 95 Years? by um_atrain · · Score: 1

    If the point of this extended copyright is so that artists will maintain the copyright for the rest of their lives, why did they go and mention a specific amount of time? Wouldn't it make more sense to just say "until they die", rather than trying to estimate the average lifespan of a modern artist? What if (s)he dies young?

    1. Re:Why 95 Years? by Anonymous Coward · · Score: 0

      The artists will probably die, of course, but the recording company does not.
      This proposal is obviously about corporate interest of an industry before anything else.

  39. When you think about it... by gnasher719 · · Score: 1

    Many different points.

    1. The purpose of copyright is not to give someone a life-long income, the purpose is to give people incentives to create (in this case musical) works, which in turn helps society as a whole. I would like to see how 95 years instead of 50 years copyright will cause more music to be created.

    2. If the purpose is to give a life-long income to composers and musicians, then surely record companies and other companies should be excluded. So lets say: 95 years of copyright for the composer and musicians; copyright can be sold or licensed for at most ten years at a time and then automatically falls back to the composer (and any contract saying otherwise is void; note that this about the right to make _copies_, consumers who bought for example a record would have the right to own it and not copy it forever). Works for hire fall into public domain after ten years.

    3. If the purpose is to give a life-long income to composers and musicians, then we should say so. Make it for example for the life time of the composer + 10 year (to give a bit of income to heirs), or 50 years from the creation, whichever is longer.

    4. We are talking now about real long times. Over that length of time, things tend to get lost. Works get orphaned (because the copyright owner has no idea what is his property, for example), and permission to copy can be impossible to get because the owner cannot be found. I'd like some rules to take that into account.

    1. Re:When you think about it... by tppublic · · Score: 1
      1. The purpose ... is to give people incentives to create (in this case musical)

      You are basing your assessment off us US law, where copyright is based on the "Promote the progress of the useful arts" clause of the Constitution. The EU contains no equivalent that I can find.

      In fact, the EU specifically states in its directive that:

      "(10) If authors or performers are to continue their creative and artistic work, they have to receive an appropriate reward for the use of their work..."

      Thus implying that their copyright is not rooted in producing progress, but in protecting property.

      This is reinforced elsewhere: "(9) ... Intellectual property has therefore been recognised as an integral part of property."

      2. If the purpose is to give a life-long income to composers and musicians, then surely record companies and other companies should be excluded.

      Again, their view is one of property protection first, progress as a result of protection.

      3. If the purpose is to give a life-long income to composers and musicians, then we should say so.

      While they don't make statements about life-long income, the EU is focused on return on investment: "(10) ... Adequate legal protection of intellectual property rights is necessary in order to guarantee the availability of such a reward and provide the opportunity for satisfactory returns on this investment."

  40. This is not about musicians... by Yaa+101 · · Score: 1

    This is about politicians investing in patent trolls and extortionist companies to finance their rule over you and I.

    Don't you people see that? If these people are forced to work they wont have time to plan their rule over us.

  41. everytime i read a piece of legislation like this by TheRealZeus · · Score: 0

    i go to the pirate bay

  42. Cry Me a River by EEBaum · · Score: 1

    People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties, he said.

    What, copyright's purpose is a retirement plan for one-hit wonders now?

    I'd invoke the world's smallest violin, but the recording is still under copyright.

    --
    -- I prefer the term "karma escort."
  43. earnings cap by Anonymous Coward · · Score: 0

    if they want to "protect" for a certain period of time, i think they should limit this protection to a certain amount.
    eg until the album earns $XXX,XXX

  44. So wait... by JustNiz · · Score: 1

    He wants to put levies on me burning my own source code, photos, and personal documents to blank optical media in order to help the music industry?

  45. Paul McCartney ... by Alain+Williams · · Score: 1

    is going to need all the extra cash after Heather Mills has taken him to the cleaners!

    1. Re:Paul McCartney ... by Bloke+down+the+pub · · Score: 1, Offtopic

      Paul's lawyer says she hasn't got a leg to stand on.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  46. Contact Charlie McCreevy by Aaron+Isotton · · Score: 1

    Maybe EU residents should E-Mail the commissioner to tell him what they think.

    His name is Charlie McCreevy; you can have a look at his bio/profile/portfolio etc here:

    http://ec.europa.eu/commission_barroso/mccreevy/index_en.htm

    His E-Mail Address: Charlie.Mc-Creevy@cec.eu.int

    Notice that this is *not* a call to spam him; that won't help anybody. Informed, thoughtful considerations about why a copyright extension is a good/bad idea might. Maybe he listens to what citizens are saying.

  47. Lifetime income -- for whom? by phliar · · Score: 1

    The only people getting rich off all these insane scams are the recording company executives with their multimillion dollar golden parachutes. The 5 cent royalty that crime-gangs like the RIAA allow the actual artists to have isn't providing significant income to anyone except a few big names.

    --
    Unlimited growth == Cancer.
  48. Why exactly? by Anonymous Coward · · Score: 0

    Open Letter to the EU Commissioner;

    Why exactly should society give "lifetime income to artists [and companies, of course] who recorded hits in their late teens or early twenties"?

    What other human contributions and contributors to society are enjoying similar guaranteed lifetime income?

    Please elaborate.

  49. What the hell? by rpillala · · Score: 1

    I want a cut from the future earnings of all my students. They couldn't have done it without me after all.

    --
    When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  50. correction... by theheadlessrabbit · · Score: 1

    The European Union Commissioner for the Internal Market has today proposed extending the copyright term for musical recordings to 9.5 years.

    there...fixed it for you.....

    oh? what? you were being serious? but, honestly, how can this be a good idea for the people? yes, I understand the industry is giving you a lot of money to make these crazy laws, but really, the people, who elected you into office, are also giving you a lot of money to look out for their best interests. are the bribes from industry lobbyists really a bigger source of income than taxes?

    --
    -I only code in BASIC.-
  51. wrong direction by FudRucker · · Score: 1

    i would think a 5 or 10 year copyright would be enough, if you dont get rich off your product by then that means it is not a lucrative product, (and needs to be re licensed under the GNU/GPL forever) - :)

    --
    Politics is Treachery, Religion is Brainwashing
  52. The best argument... by Quiet_Desperation · · Score: 1

    ...against people living off early works is the Phil Spector Syndrome.

    You wind up with things like this prowling around and causing deaths.

  53. Subsidized by Anonymous Coward · · Score: 0

    True.
    And while most performing artists are already heavily subsidized by the states, extending copyright to recoup the cost and efforts makes little sense.

    And while we are at it, people who make movies are treated like shit and get virtually no money. Musicians get everything and it's still not enough.

    So, can I buy that rifle now.
    Yes, the big one...

  54. This proposal is a good start... by Waffle+Iron · · Score: 1

    ...but we need to do more. I used to flip burgers at McDonald's 30 years ago, but I'm still alive, and I haven't seen one thin dime from them since 1979. This is an outrage. We need to expand the rights to get compensated for work over a lifetime to *everyone*. Fairness will only be achieved when the financial well being of my grandchildren is ensured through 2073 by their receipt of residuals for my work at McDonald's.

  55. Lifetime income? by arthurh3535 · · Score: 5, Insightful

    "lifetime income to artists who recorded hits in their late teens or early twenties, he said."????

    When does everyone else get to have lifetime income too? And this only includes productions that were recorded way back when. There is nothing stopping said artist from re-recording a newer version of that hit song (best of...) that will have the same copyright protections.

    Why do artists and government officials think that Copyright means 'money for forever?'

    --
    No! It's a *SIG*. Keep the Special Interest Groups away! (Con joke!)
    1. Re:Lifetime income? by Anonymous Coward · · Score: 0

      Let's start giving construction workers life + 95 years worth of royalty payments for building roads, bridges, and buildings. And doctors? Sheesh, they should probably get a ridiculously high percentage of the earnings of anyone whose life they preserve and extend. Let's see someone become an important recording executive without the guy that kept him from dying from appendicitis. Let's not forget farmers. Without farmers the cities and their much-vaunted productivity would all come crashing down. Life + 95 years of royalties for anyone that they have ever fed.

    2. Re:Lifetime income? by magus_melchior · · Score: 1

      Correction: Why do media publishing companies (who all but steal the copyrights from artists) and government officials think copyright means "money for forever?"

      Because that is their business model, and only recently is it becoming more and more exposed. Therefore they will use their lawyers and lobbyists to ensure that this model is set in place for as long as possible, or at least until they secure their golden parachutes and escape to South America.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    3. Re:Lifetime income? by SoulRider · · Score: 1

      Really, I want to get paid the rest of my life for the very first program I ever wrote.

      What a maroon.

    4. Re:Lifetime income? by jalet · · Score: 1

      > Why do artists and government officials think that Copyright means 'money for forever?'

      Let me guess...

      Because they want this money I suppose !

      --
      Votez ecolo : Chiez dans l'urne !
  56. WHAT? by Card · · Score: 5, Informative

    People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties

    The commissioner is either ignorant or lying. I don't know which one is worse.

    The chosen term was 70 years from the death of the author (post mortem auctoris) for authors' rights (Art. 1), longer than the 50 year post mortem auctoris term required by the Berne Convention for the Protection of Literary and Artistic Works (Art. 7.1 Berne Convention). (Wikipedia)

    He should mean that the artists' children can enjoy the royalties for mere 50 years after their parent has died. Cry me a river.

    1. Re:WHAT? by Anonymous Coward · · Score: 0

      What? Er, you do realize that he's referring to copyright terms for performers as opposed to authors, right? You're either ignorant or karma whoring, I'm not sure which is worse...

    2. Re:WHAT? by Anonymous Coward · · Score: 0

      There's a distinction between the copyright of a song, which is held by the songwriter as you describe, and a specific recording of the song, which is copyright (in its own right) for a set period after the recording is made, regardless of the life of the artist.

      Hope this helps.

  57. Contact information for the commissioner's office by Anonymous Coward · · Score: 0

    Contact details for the commissioner's office are available here: http://ec.europa.eu/commission_barroso/mccreevy/press_en.htm.
    I'll be letting them know my feelings as an EU Citizen. If you decide to do so please make your opinions felt in an intelligent and reasonable manner.

  58. Hey! Artists! Invest some of your income... by zotz · · Score: 1

    Hey! Artists! Invest some of your income... Don't spend it all. Invest some of what you earn now in a retirement plan.

    Honestly, if laws can get changed to make copyright terms longer... newsflash... They can get changed to make them shorter too.

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  59. And we hear it again... by Anonymous Coward · · Score: 1, Insightful

    Murder is illegal, so you'd have to figure that there's no chance of getting caught for it.

    Quite difficult when you then assert you own the copyright of the dead artist...

    Please remember, if copyright ends, your ability to extract more money than the marginal cost of production ends too, so there's VERY LITTLE MONEY in uncopyrighted works.

    See that old /. piece about a new use for an old drug (cancer cure?) that was not going to be developed because there was no patent protection for anything it would be used for. Copyright is "IP" protection just like Patent is. So if there's no money without patent protection, there'll be no money without copyright protection.

    And it would behoove the company that bought the artists' work to commercialise to keep them alive, since if the artist dies too soon, they won't be able to get their money back from copyright leveraged prices.

  60. Re:Trolling by mhall119 · · Score: 1

    You're in violation of my patent: "Means an apparatus for the use of an electronic forum to copyright the word copyright", please pay up.

    --
    http://www.mhall119.com
  61. isn't copyright lifetime + 70 years already??! by Mirar · · Score: 2, Interesting

    Wouldn't a 95 year copyright be significantly shorter than todays copyright of the life of the writer/artist + 70 years (in some cases +50 and +80)?

    Or does he propose 95 years post death of the writer/artist? Not many people live for 95 years after their death, so I don't see why they need the income.

  62. Re:Trolling by KublaiKhan · · Score: 1

    After you give me my royalties for the patent, "a means for harassing people with frivolous patents" and my further patent, "a meta-patent for the patenting of insane and ridiculous ideas that should never get through the patent office, ooga booga wooga"

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
  63. This has Nothing to Do with Musicians by neuteknique · · Score: 1

    Does anyone here actually think this has to do with individual musicians & songwriters? It's about record labels & publishing maintaining the rights on the music and songs to be able to exploit them commercially for 95 years. Call it the "BEATLES" clause. I love the hate on for musicians. There is a top tier of Madonnas and McCartneys, but most musicians are living pretty meagerly.

  64. Basis of EU Copyright? by PPH · · Score: 1

    I don't know what the basis of copyright law is in the EU, but the US Constitution grants exclusive rights to authors and inventors 'for limited times'. I don't think it would be out of line to believe that our founding fathers meant limited with respect to the lifetimes of the authors/inventors.

    --
    Have gnu, will travel.
    1. Re:Basis of EU Copyright? by EricWright · · Score: 1

      According to Congress, limited = less than the eventual age of the Universe. They're just hoping the sun really does run out of hydrogen, evolves into a red giant and kills us all before the Universe suffers a Big Crunch or freezes out.

  65. Obviously missing the point by Anonymous Coward · · Score: 0

    This guy doesnt give a shit about musicians or artists or whatever, none of the legislators proposing copyright extensions and tougher enforcement are. Who really benefits from a 95 year long copyright? Not the schmoe that made the song, the RECORD LABEL does. Corporations are people too you know, except they have much longer lifespans and much deeper pockets to bribe politicians with. Shit all you have to do is look at the RIAA's proposal to cut artist's compensations from online sales even more than they already are (which is only like 10% at most). They obviously could care less about getting artists their just due (btw I'm not suggesting a 90 year copyright is just due either), they care about filling the deep pockets of one of the biggest middle men the world has ever seen.

  66. Short copyright terms discourage independent music by Damon+Tog · · Score: 2, Insightful

    Short copyright terms discourage independent music and art.

    Sound backwards?

    There are many artists who labor in obscurity for years before gaining recognition. Small musicians that slowly build up careers over time will be hurt by short copyrights. Major labels that can afford to aggressively promote their wares will not be as hurt because they will make most of their money in the first few months anyway.

    It will not be to the public's benefit to have every author, musician and artist immediately selling their rights to their work to corporations instead of holding on to them.

    A blanket reduction of copyright terms is a blunt instrument.The problems of copyright can be more effectively be resolved by reducing the copyright terms of works that are out-of-print and are no longer actively being sold. 90 percent of copyrighted works are out-of-print and collecting dust. If the copyright holders can't be bothered to release them, these works should revert to public domain. This would resolve the orphaned culture problem without discouraging independent art and music.

  67. Copyright meets Global Warming by NetSettler · · Score: 1

    Lately, I see a lot of TV shows saying the world may not last a hundred years. And then I see copyright durations proposed to be set at about the same length of time. So, putting it all together, they mean to have copyright "for all eternity", right?

    I propose linking copyright and global warming, so the people with the economic interests to hold their intellectual property for all time are motivated to invest in at least fixing global warming in order to get that privilege. That way, we at least get something out of it--Disney and friends can cure global warming and we'll reward them by extending their copyrights.

    If they fail, though, a portion of the projected End Times should have an allocated moratorium on copyright to allow for a mad free-for-all trying to save the world using any available resources ... without fear of being sued for so doing.

    Otherwise, the world is going down the suer for sure. (Yeah, that typo was intentional. I guess someone will try to sew me now, so I better zip it.)

    --

    Kent M Pitman
    Philosopher, Technologist, Writer

  68. It's a harmonization by haeger · · Score: 1
    From what I gather from this, and correct me if I'm wrong, this is just a harmonization. The 95 year copyright is already in place for composers but not so for artists so this isn't really that controversial imho. I fully support fewer and simpler rules in all things. So why 95 year copyright on some music but only 50 on other? Now the most interesting part is why the harmonization always have to be in the direction proposed here? I don't really see the point in the 95 year copyright and would think that a harmonization on 50 years would be the more sensible thing to do, so naturally you can count on the politicians to do the opposite.

     

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  69. So? by Anonymous Coward · · Score: 0

    People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties, he said

    So what's the problem? Why should a single work provide anyone lifetime income? If they're prolific enough in their teens and twenties they should be able to save and invest their income over those 50 years and still be well off for life.

  70. What innovation? by filthpickle · · Score: 1

    What innovation would shorter copyrights on music create? I don't disagree with your point in general, I just don't see that it applies to music.

    I know that you were probably just using messageboard histrionics, but being bad with money doesn't make you an idiot, it just means you are bad with money. I write this as an admitted idiot, but I don't think that it is because I am bad with my money.

    However, if you suddenly come into a shit ton of money and don't hire a financial advisor then you probably do deserve what you get.

    Amusing aside...I can remember driving thru the armpits of America in a shitty van dreaming about if we could just get popular enough to make enough money to own a house (1) that everyone could live in and made enough that we didn't have to have real jobs that we would consider that "making it".

    1. Re:What innovation? by KublaiKhan · · Score: 1

      How would it spur innovation? Because you would only have a certain amount of time you could 'rest on your laurels' before you'd have to go do something.

      And yes, thank you, I'd forgotten to put in the 'hire someone competent to manage your money and live within your means' bit. Coffee's not kicked in today, mea culpa.

      --
      In Xanadu did Kubla Khan
      A stately pleasure dome decree
  71. Fundamental Misunderstanding of the purpose of Cop by Anonymous Coward · · Score: 1, Interesting

    This privilege was created to assure the creators of various inventions would have a short time in which to profit exclusively from their work before it was shared for the common good of all. This type of profit only thinking is was hampers progress for what would now become centuries. One ironic thing about this is that if more things fell out of copyright inventors would invent new things and combine old inventions for even more profit. Progress seems to be something the profit only thinkers have forgotten was part of the purpose of copyright. There has to be balance, right now it is insanely pushed toward the greedy verse the greater good of society. It is from these things socialist movements are born.

  72. Copyright should be 'Use it or Lose it' by LordZardoz · · Score: 1

    I think that copyrights ought to operate under a use it or lose it system, where if the item (game, music, movie, literature or software) is not being actively promoted or sold, that the copyrights lapse into the public domain after 25 years.

    When you consider Mickey Mouse or James Bond, the original creator is long dead (or cryonically frozen if you believe the tabloids), but it is an ongoing enterprise, and the current owners of the IP still use it. The same can be said of Batman, Superman, and others.

    But if enough time passes where no new works are created for a given property, it ought to become public domain. I also think that the copyrights on old IP should be something that can be challenged, so that owners of old content don not just put out marginal re-hashes to sustain the rights on the original and still profitable IP.

    END COMMUNICATION

    1. Re:Copyright should be 'Use it or Lose it' by Shados · · Score: 1

      This is how trademarks are and work, and the examples you gave are the reason why some companies want copyright extended... it WOULD be messed up if you saw a non-Disney production of Mickey Mouse that was legitimate, IMO.

      But at the same times, the rule that dictate that I cannot make new work using Mickey Mouse, should not be the same as the rules who say for how long Britney Spears can benifit from her work (or lack of). So certain icons get trademarked to go around that...but at the same time, thats not really what trademarks are for... maybe a new category?

  73. It's a great idea! by dotmax · · Score: 1

    But, it needs one small tweak: you get your 95 year copyright, but you only get it ONCE. .max

  74. More Than Greed by Nom+du+Keyboard · · Score: 2, Interesting
    This is more than Greed. It's outright theft of the Public Domain. PD is gone for the rest of the lives of everyone living now - which is no different than forever.

    Back when the USA was first being founded, copyrights were eternal in Europe. America thought this was a Bad Idea, and put the words "secure for a limited term" into its founding document to stop this abuse. Europe eventually agreed, and eternal copyrights ended.

    But now, with a pansy Supreme Court that decides that whatever a bought-off Congress calls a "limited term" they're just fine with, we're headed straight back to the eternal copyright, because nobody remembers any longer just why that was such a bad idea in the first place.

    And then its a game of ping-pong, with the very same copyright lobby ratcheting the length of time up one place, than then screaming their heads off that everywhere else isn't "up to date" with "artist protections." Wash - Rinse - Repeat. And we're all being screwed over by it.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:More Than Greed by Shotgun · · Score: 1

      pansy Supreme Court ... bought-off Congress

      You, sir, have that totally wrong.

      Congress is pansy and the Supreme Court is bought off.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
  75. Here's why this is funny.... by pembo13 · · Score: 1

    Most of the people here who support copyright as is, only ask for the time to be reduced. Guess what the people in charge think of that idea guys

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  76. Re:Trolling by mhall119 · · Score: 1

    Both of those are invalidated by prior art.

    --
    http://www.mhall119.com
  77. Re:Self defeating-BUT UNWILLING TO FIX IT! by Nom+du+Keyboard · · Score: 1

    95 years will only encourage people to ignore the law altogether.

    Too bad it won't persuade them to throw out the paid-off bums who passed it in the first place, and elect some more common sense replacements.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  78. doesn't compensate them for a lifetime? by superwiz · · Score: 1

    I'd be curious if he can name a job which compensates for a lifetime the work done over a few teenage years? Is he not presuming with this that Europe has to re-establish a nobility class? This time around, derived from the "artists" that have influenced culture? This seems like a deliberate step away from egalitarianism. Is that what Europe really intends to do? Why is no one asking this question in public?

    --
    Any guest worker system is indistinguishable from indentured servitude.
  79. rights by Anonymous Coward · · Score: 0

    I can easily give content creater's (be they music, art, lit, or new inventions) rights and compensation for their lifetime. Its when big companies come in and buy those rights that the current copyright or patten laws get screwed over from what there were originally meant to be, a way to reward and compensate creaters for their works. With corporations now in the mix they want and need to hold those "rights" for as long as they can get get the maximum profits from the copyrights or pattens. Its corporations that re the ones pushing for extended lengths of "rights" with a term listed in years and not a simple "lifetime"

    To those who keep spouting the "let them get a real job" I have to say I dont WANT my favorite authors or musicians spending time earning a living instead of creating more works for me to enjoy. I am a huge fan of David Weber and John Ringo's books, I want their asses in a chair writing their next book not working a "real job" and so I willingly pay for their copyrighted books in an effort to make sure they can and are spending their time writing and not worrying about feeding their family.

    As for millionaire musicians, thats much more from the pricing of concert tickets, and is very much market driven. If huge numbers of fan were not willing to pay between $30 and $100 each for a concert ticket then these they would not be making millions of dollars. If they can con million of fans out of the price of concert tickets then I say they earned that money. Just dont expect me to pay their ridicules prices.

  80. Re:Why? Absolutely not by Anonymous Coward · · Score: 0

    Absolutely not. When you pick up a work, you should be able to read the copyright notice and determine whether it is or is not copyrighted. Current law does not allow this because you have to Wikipedia someone's death date. In the case of disputes, the actual death certificate would be needed.

    This is not acceptable. And corporations never die. I can see the benefit of assigning a copyright for ex. to your employer, or the FSF, so we would need to account for that as well. We need a set length of time, regardless of whether they are alive or dead. The original term was a set number of years, calculated from actuarial tables, and they did that on purpose after debating the merits according to legend.

    Too easy to kill someone to get a work out of copyright. Of course the benefit would be small, since the copyright would not revert to someone else, it would just be lost. But in a dispute, you have the benefit of not having to pay damages *and* being able to continue whatever it was that used to be infringing.

    17 years, adjusted for current life spans, plus an optional registration / extension period. If it's a registered work, you can optionally extend it. If you don't care enough to extend it, it's public domain. This does not allow you to look at the copyright notice, but there are only two choices (extended or not) and an absolute answer in the copyright registry.

  81. Re:Short copyright terms discourage independent mu by Nom+du+Keyboard · · Score: 1

    The problems of copyright can be more effectively be resolved by reducing the copyright terms of works that are out-of-print and are no longer actively being sold. 90 percent of copyrighted works are out-of-print and collecting dust. If the copyright holders can't be bothered to release them, these works should revert to public domain. This would resolve the orphaned culture problem without discouraging independent art and music.

    This is a Bad Idea because it's essentially useless. While this once might have made sense, in these days of digital publication and distribution, all you would need to do to hold on to it forever is leave it for sale on a server somewhere. It's available. You can pay for it. Even though nobody does, the cost of keeping it available for sale like this is nil, meaning once again nothing ever goes out of copyright.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  82. A modest proposal... by TBedsaul · · Score: 1

    I would like to suggest that I for any computer I have ever repaired, I be paid the sum of 3 cents every time it is used for the next 95 years.

    It's really the only fair way to go about things.

  83. Bullshit by MacDork · · Score: 1

    They get lifetime plus 50 years! How stupid do we look? It's in the Berne convention, and that lying sack of shit Charlie McCreevy knows better.

    The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection.

    Lifetime is bad enough. It's an indeterminate period of time instead of fixed, and the whole point of copyright is to encourage innovation! Lifetime doesn't encourage innovation. Imagine if patents worked that way and Edison decided to rest on he laurels after the phonograph. There would be no motion picture camera, no light bulb, and no electric grid.

    Go straight to hell Charlie McCreevy! Just die and go straight to fucking hell.

  84. ""These royalties are often their sole pension."" by sa1lnr · · Score: 1

    Unlike us rich bastards that have to pay money into a pension fund all our working lives.

  85. There is a purpose of copyright in the US... by wurp · · Score: 1

    I don't know where you live, but in the US, our constitution lays out the purpose of copyright in Article I, Section 8:
    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

    This clause, along with clauses that prohibit the federal government from doing anything not laid out in the constitution, gives a very explicit purpose for copyright in the US. Copyright statutes that serve another purpose are illegal.

  86. Re:Copyright should be 'Use it or Lose it'WRONG!! by Nom+du+Keyboard · · Score: 1

    I think that copyrights ought to operate under a use it or lose it system, where if the item (game, music, movie, literature or software) is not being actively promoted or sold, that the copyrights lapse into the public domain after 25 years.

    WRONG! As I just explained to the same idea above, you put it on a server where people can still purchase it for download. Maybe nobody does, but this costs you nothing, yet keeps your copyright intact forever because it's still available for sale. And it's promoted by the fact that you can find it through a search engine. This is not the solution.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  87. When does Society get to eat? by Badmovies · · Score: 1

    Copyright has absolutely nothing to do with "An artist should be able to live off of their work for their entire life." Society should not support someone for something that they did more than seventy years in the past.

    Society benefits the most when something is public domain. That way everyone can use, enjoy it, etc. However, Society tells artists "I understand that you have more reason to create if, for a limited time, you can benefit from what you create. To encourage you, we will offer you a limited period of control over your work - so that you may benefit. At the end of that, it becomes everyone's property. In this manner, we all will benefit."

    That is the intent of copyright.

    --


    Andrew Borntreger
    Champion of cinematic disasters
  88. 50 years not working and asking for more? by eiapoce · · Score: 1

    People are living longer and 50 years of copyright protection no longer give lifetime income Those sleazy bastards have beeing doing anything since 50 years. Why should they further enjoy the benefits of a pension found they ain't being paying at all? Why can't I do the same? FIRE THE COMMISIONER and when I say FIRE i mean it.

    Note: I know that this has nothing to do with artists. I suppose it has to do with lobby money and corporation interests.
  89. Johnny Cash by jbeaupre · · Score: 0, Redundant

    Best argument I heard against that has to do with Johnny Cash: Imagine a hemorrhoid commercial with the Ring of Fire song playing in the background a week after he died.

    --
    The world is made by those who show up for the job.
    1. Re:Johnny Cash by russotto · · Score: 1

      Best argument I heard against that has to do with Johnny Cash: Imagine a hemorrhoid commercial with the Ring of Fire song playing in the background a week after he died.


      Current law allows them to do just that provided they make a new recording and pay the mechanical royalty.

      Further:
      Imagine a Mercedes commercial playing the original Janis Joplin version of "Mercedes Benz".

      Oh, wait, that's been done too. So much for that argument for copyright.

    2. Re:Johnny Cash by jbeaupre · · Score: 1

      Hey, I never claimed good. Just best.

      Except for milk coming out my nose, I wouldn't mind songs being used inappropriately in commercials. Might make them a bit more interesting.

      --
      The world is made by those who show up for the job.
  90. The Worst Sin Of All Here by Nom+du+Keyboard · · Score: 2, Insightful
    The very worst sin of all here is the extending of already existing copyrights. This does nothing to encourage of that work, which was already created under the old copyright terms. This simply says, "Give more money to the company who now owns the copyright, because they'll use some of it to contribute to my next reelection campaign."

    More than anything else to stand up against is: NO EXTENSIONS OF EXISTING COPYRIGHT TERMS!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  91. I can see that by sizzzzlerz · · Score: 1

    The rapper that wrote the classic "fuck that bitch ho'" should be able to enjoy income from it 60 years from now as it plays on the oldies stations and in the elevators.

  92. Re:Short copyright terms discourage independent mu by Damon+Tog · · Score: 1

    So it would force copyright holders to make the works available again. This is an improvement over the current situation where some corporations have amassed a vault of copyrights to works that they are not making available.

  93. Two points, two opinions. by Anonymous+Freak · · Score: 1

    Copyright. Copyright is designed to benefit those who truly create new works. If you real all early laws on copyright, you will find that it is *NOT* meant to be a system that guarantees income for the rest of the artist's life. It is meant to stimulate creativity by LIMITING the amount of time that the original artist gets full control, therefore cajoling the artist into creating new works. (The same general idea as patents.)

    If you are going to change copyright law to be a 'guaranteed income for the life of the artist', fine. Then change it to just that. "Life of the artist". If the "artist" is a corporation, then give it a LOW span, based on 'averages'. Let's say that the average artist lives to be 80 years old. (Pretty close to the average lifespan nowadays in the "developed" world.) Let's also say that an 'average' artist creates works from age 20 to age 60. That would be forty years of work, and the average age of production is 40. The length from average age of production to death is also forty years. So let's place 'corporate' copyright term at forty years from time of creation. Period. Even better, for corporate-copyrighted material would be to have 10-year protection, with three 10-year renewals, so that if a company doesn't take active effort, it will expire in 10 years.

    The other issue is putting a fee on recordable media. If you do that, then making unlimited noncommercial copies should instantly become legal. If I have paid a fee that is theoretically to compensate the artist for my making a copy, then I should therefore be allowed to make as many copies as I want, and do whatever I want with them, as long as I don't sell them. (Not to mention that in today's world, probably the vast majority of 'copying' is pure electronic, with no physical media.) Either way, I'd like to know if, in countries that already have these systems (Canada, for example,) do the actual ARTISTS see a single dime of this fee? If I buy five hundred packs of 500 CD-Rs in Ottawa, does Celine Dion or Sarah McLachlan see a single cent from that sale? How about the unknown artists that have major-label contracts? Do they see even one cent? (Note: "One Cent" is a trademark of the Royal Canadian Mint, all rights reserved.)

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
    1. Re:Two points, two opinions. by ratboy666 · · Score: 1

      "The other issue is putting a fee on recordable media. If you do that, then making unlimited noncommercial copies should instantly become legal. If I have paid a fee that is theoretically to compensate the artist for my making a copy, then I should therefore be allowed to make as many copies as I want, and do whatever I want with them, as long as I don't sell them."

      If there is a fee on recordable media, the artist has been compensated. So, why not allow a sale? Why should there be any difference between the two (legal) copies?

      Unless, of course, (like the Canadian Govt), there is a confusion between Copy-right with Transfer-right.

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    2. Re:Two points, two opinions. by zotz · · Score: 1

      I don't like your idea re lifetime over all and prefer the ideas I put forward here:

      http://zotzbro.blogspot.com/2007/04/some-thoughts-on-copyright-offensive.html

      but:

      "So let's place 'corporate' copyright term at forty years from time of creation."

      Why not figure out the average lifespan of a corporation and make corporate copyright last that long...??? under your plan...

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  94. Free (libre) software and copyright expiration. by deragon · · Score: 1

    What would happen to free (libre) software when its copyright expires? Does it go public domain? Can the GPL be discarded and the code be used in closed, proprietary software? I guess, but I would like to have your thoughts about this.

    --
    Remember the year 2000? They promised us flying cars. They delivered the PT Cruiser...
  95. Not Just Coin by Miracle+Jones · · Score: 1

    This isn't just about getting paid. It's also about creative control of intellectual property. For instance, let's say you are a rock musician and you want to maintain your street credibility as an anarchistic free-spirit. Without time protection on copyright, what is to stop McDonald's from stealing your song the moment you die from a drug overdose, or -- in some proposed scenarios -- the moment it is recorded?

    How will that hamper sales of your next album?

    Musicians aren't worried that fans are stealing their songs. Musicians are worried that other musicians and advertising companies are stealing their songs.

    The fact of the matter is that artists...unlike day-job-having-folks...live and die by their reputation, which includes the context of how their work is used. In fact, allegations of greed aside, the best writers generally never get paid for what they do until after they are dead. It is better than never getting paid at all. It is some consolation to sit down every day in front of a novel and think: well, maybe when I die from quinsy or the collywobbles due to my absolute lack of a safety net or health insurance, this piece of work will be able to put my kid through college or let my sad wife finance a nice young lover.

    Remember: for every musician who makes enough money that they can legitimately be censured for "not saving for retirement" there are a THOUSAND freelance songwriters and set musicians who work in their spare time while holding down bullshit service sector jobs and who are brutalized by fans, the music industry, lawyers, the electric company, God, the devil, and Walt Disney. Nothing can be done to help them, but for God's sake, let's not brutalize them further.

  96. The majority of the income by Z00L00K · · Score: 1
    from a work of art to the artist is in the first few years. After that the income drops off, but may come up again whan some nostalgic event happens.

    A more reasonable limitation would be that the copyright should be held as long as an artist is alive, or five years (whichever is the longer). If the artist dies within five years the copyright shall fall on next of kin.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  97. Agreed by V_Pundit · · Score: 2, Insightful

    "People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties"

    Why should artists receive lifetime compensation for whatever they created as teenagers? I'm not getting paid for the work I did 5 years ago even though it is still being used by a growing number of people.

    Artists should be compensated for the work they are currently doing, not for the work they did in decades past.

    --
    that's how I see it anyway . . .
    1. Re:Agreed by sunking2 · · Score: 1

      Because other people are making money off their work. First off, the idea that music is some sort of physical product is wrong. Music is a service. By listening, or using as things like a soundtrack, you are using their service. They expect to be paid for that service. How and what is charged is entirely up to the provider.

      Should the Beatles (or michael jackson?) not have been paid by Nike for using their song as the foundation of a huge add campaign that may have generated millions of dollars? Should the stones not receive a dime for having their song as the title for CSI? Or how about all the artists whose songs were used in guitar hero, or American Idol? It's Ok for other people to get rich in part by your work?

      Everyone focuses on the physical media being the product. But it isn't. The real product is the service which 'entertains' or has marketing ability. Nothing to do with when it was made. All that matters is it's current value to the market.

    2. Re:Agreed by Hoi+Polloi · · Score: 1

      Should the Beatles and Rolling Stones automatically get a fee off of every electronic player and blank disc sold whether it is used to copy their music or not? Let the Beatles and Stones first pay back all of the blues musicians (or their decendants) they "borrowed from" when they were getting started.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    3. Re:Agreed by Skrimm · · Score: 1

      It's Ok for other people to get rich in part by your work? I think you'll find that this is the way it usually works ...
    4. Re:Agreed by eldepeche · · Score: 1

      I'm pretty sure the theme song to CSI is "Who are you?", which was written and recorded by the Who.

      As to your material point, a service is generally defined as an action. They got paid when I laid down fucking $18 for their goddamn album. They don't need to be paid every time I listen to it. If I conceive a son while "Let's get it on" is playing, do I need to promise years of service to Motown records on his behalf?

    5. Re:Agreed by drsmithy · · Score: 1

      Because other people are making money off their work. First off, the idea that music is some sort of physical product is wrong. Music is a service. By listening, or using as things like a soundtrack, you are using their service. They expect to be paid for that service. How and what is charged is entirely up to the provider.

      LIVE music is a service. Pre-recorded music is not.

      Should the Beatles (or michael jackson?) not have been paid by Nike for using their song as the foundation of a huge add campaign that may have generated millions of dollars?

      Did they record a version specifically for those ads ?

      It's Ok for other people to get rich in part by your work?

      Sure. Happens to most people every day. Builders, engineers, policemen, cleaners. People are constantly "getting rich" because of something they did and only got paid for once. You might even say it's one of the fundamental parts of a capitalist economy.

    6. Re:Agreed by cpt+kangarooski · · Score: 1

      Because other people are making money off their work

      That's not a good reason at all. Plenty of people make money off of public domain works, and no one seems to find it objectionable. In fact, it is intended that works should enter the public domain so that they can finally enter the free market (instead of being subject to a monopoly), and presumably people will make some money in the process.

      I'm afraid your reason falls flat. Try again.

      Music is a service.

      No, the act of creating or performing music is a service. Music is the product of that service.

      They expect to be paid for that service.

      I routinely expect to be fêted by a bevy of beautiful women, and lavished with all kinds of riches and honors by the public at large. As it turns out, we don't always get what we want.

      Should the Beatles (or michael jackson?) not have been paid by Nike for using their song as the foundation of a huge add campaign that may have generated millions of dollars?

      Should Shakespeare have been paid by Disney when they based The Lion King on Hamlet? Should Shakespeare have had to pay whoever wrote the earlier versions of Hamlet that he based his on?

      Should the stones not receive a dime for having their song as the title for CSI?

      No; The Who did those songs.

      Or how about all the artists whose songs were used in guitar hero, or American Idol? It's Ok for other people to get rich in part by your work?

      Fine with me. Remember, those musicians (well, assuming that we're not talking about the ones who do the bonus songs; Harmonix has a lot of musicians working there) didn't create Guitar Hero. If we had left it up to them, that work would not exist, and we'd all be the poorer for it. I am not some greedy, petulant jerk who would spoil someone else's success merely because I had the opportunity to spoil it, and had been unable to do it myself.

      Besides, as a member of the public, I want the most works created, and the fewest restrictions on works; slavishly doing whatever authors want -- particularly the established authors, who do tend to try to keep new talent from competing with them -- is not in the public interest. What's good for the RIAA is not what's good for America.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Agreed by mabhatter654 · · Score: 1

      back to the "house" guy. You live in your house every day... it's not a thing, it's shelter you benefit from every day. Why shouldn't THEY get something for providing you shelter and someplace to entertain your guests 20 years later? What about the engineers that designed large airplanes.. those are still transporting passengers for profit... why don't the engineers get a per-flyer fee from the airlines for the 30 years of flying? That's not how the "real" marketplace works. But some how a loop-hole in some piece of paper makes common sense go out the window.

  98. A Little More Info On the Ex-TD by ObsessiveMathsFreak · · Score: 4, Interesting

    Charlie McCreevy is an ex-Irish MP and a chartered accountant whose biggest role was as Minister for Finance in Ireland.


    McCreevy was in fact, sent off to Europe for the express purpose of exiling him from Irish Politics. Even in his own Free Market centric party, his policies were far too Thatcherite to let him continue to make his characteristically brash polemics. He gleefully accepted his "promotion" to European statesman, and his party, and indeed the country, breathed a collective sigh of relief.

    McCreevy has a history of giving tax breaks and other concessions to industries and business that he "approves of". Witness his institution of a 0% tax on bets made at horse race meetings (he's a big fan of the sport). He's a supply sider with little time for anything that doesn't immediately net money i.e., fair use, hospitals, etc. He's been mentioned before on Slashdot here and here. The "loose cannon" quote is particularly apt.

    Charlie McCreevy is the type of politician lobbyists love. He'll wine and dine, brunch and lunch with all manner of industry representatives and indeed has by the looks of things. Rest assured that when he finally steps down from his post (forcing him out will require tectonic pressure) the entire European Parliment, and Union, will breath a collective sigh of relief.
    --
    May the Maths Be with you!
  99. Only 95 years? by denoir · · Score: 1
    When a man creates something it is the work of his mind and is his property. If his work is of value of you then you may exchange it for something of value to him if he agrees to the transaction. It's called trade. Your right and his is also not to trade. If you do not find the creation of some crappy pop one-hit wonder from the 60's worth your money, then don't buy it. You do not however have an automatic right to the work, not two years and not 95 years after it. The creator determines the license as Linus Torvalds correctly puts it.

    As I've repeated this often enough here on Slashdot, I know what will happen - I'll get modded down and get a few standard counter arguments, so I'll cover them briefly here:

    Q: Yes, but what about his grand-children who have not done anything to earn the rights to that work?
    A: The creator has the right to do whatever he wishes with his work - including giving it to his undeserving children. The children will then be the legitimate owners and may pass it on further down the generations. If they don't deserve it, don't be jealous - you don't either nor does the 'public'. Having a million parasites is hardly an improvement over having one.

    Q: Yes, but it isn't the creator that actually owns the copyright, it's evil record companies and they are represented by the RIAA and other bastards. Why should they have the right to it?
    A: The record companies provided the needed cash for the creator and he agreed to let them have the copyright. Again, they may be evil bastards using Mafia-like methods but that doesn't change the fact that they have a right to the creation given to them by the creator. You don't and neither does the public.

    (This one comes up very often although I don't really understand how it constitutes an argument)
    Q: Nobody is unique and irreplaceable. If there wasn't a Madonna some other artist would have taken her place. As she is not unique, how can she be worth all that money?
    A: She is worth exactly as much as others are willing to pay for her work. If you don't like her music, don't buy it. If you think it is too expensive, don't buy it. Do not however try to rationalize taking the music without permission and demanding that your action is considered moral.

    Statement: For every greedy bastard that creates for money there are dozens that do at least as good work for free and for the fun of it.
    Answer: Great if you really think so. Life then can be much cheaper and varied than for the rest of us who assign enough value to a lot of commercially produced stuff to pay for it. That position is in no way in conflict with what is moral. Use the free stuff if it is with the consent of the creator.

    1. Re:Only 95 years? by Creepy+Crawler · · Score: 1

      It's much simpler than that.

      Firstly, there is no such thing as "intellectual property". Those are my thoughts, and nobody owns them. There is copyright, patent, and trademark.

      The copyright system was built upon a social contract: We'll encourage you to keep creating, and in exchange, we'll prevent free trade so only you can for a limited time.

      That was it: a balancing act between everybody and the few. That has been perverted. We understand what this contract has turned in to, and the majority of our society has decided to declare the contract null and void. The answer: come back with a fair social contract that benefits inventors, artists, and such people, NOT the record companies and other predatory media companies that demand signatory of all copyright.

      Regardless of legality, the people have spoken: We dont this copyright in what it is today. Come back with sane laws or else.

      --
    2. Re:Only 95 years? by Noren · · Score: 1

      I think both extremes are incorrect.

      Let's imagine a young man (in the United States in this example) in the year 1950. The law of the land at the time states that if he creates such a work he will be entitled to certain rights for a period of 28 years, renewable once for an additional 28. This right is not considered inalienable, but rather stated by the Constitution, "Congress may promote the progress of science and useful arts by granting copyrights and patents of limited duration."

      This young man in 1950 looks at his career options, and decides to become an artist based on the terms society offers him for copyright- or chooses instead to become a accountant or schoolteacher or some other profession. He should pursue other options if the terms society offers him for producing art (given his chances of success) are not good enough. Rationally, society should have chosen a length of time sufficient to induce talented individuals to artistic careers- but no more.

      This man in 2008 should have absolutely no right to a work that he copyrighted in 1950, as the agreement he entered into with society at large when he created the work (which had a maximum limit of 56 years in 1950) has expired. Morally, this should be true either for his heirs or for himself if he's still alive.

      To retroactively give longer terms to copyright and patent holders does not encourage creativity- the creation process has already occurred, the creators have already accepted the existing terms.

      Copyrights should be considered like a contract. Older creations should fall out of copyright according to the rules that were in effect when the work was made - including copyrights for anthropomorphic mice. Contrariwise, the current rules of copyright should apply with full force to works being created now. To give extra time to older works is just giving money away for no reason (and is unconstitutional in my opinion), but to deny copyrights the full extent of their applicability at the time they were created would be like a breach of contract.

  100. True, but doesn't apply by bkaul · · Score: 2, Informative
    From TFA:

    Most European composers and lyricists currently receive lifetime copyright protection which is passed on to their descendants for another 70 years. The new EU rules would not change that. But the change would mean that performers would get the same 95-year copyright period enjoyed by their U.S. counterparts. In other words, composers already have the 70-years after death limits listed in the Wikipedia article, but performers do not; in the EU, performers only get 50 years of protection on the recording. This change would align EU copyright periods with those in the US. The difference is that in the one case, it's what's written (lyrics, book, etc.) being copyrighted - in that case, it's death of the author + 70 years. In the other case, it's the recording of an actual performance being copyrighted. The time limit is a shorter, fixed period in that case.
    1. Re:True, but doesn't apply by Card · · Score: 1

      Oh, that makes more sense. Thanks for the clarification.

    2. Re:True, but doesn't apply by Anonymous Coward · · Score: 0

      I seem to recall the key argument in favor of the US Copyright Term Extension Act (CTEA) was to harmonize US copyright lengths with European copyright lengths.

  101. Not that I have ever done it... by filthpickle · · Score: 1

    but, and this just may be me, I would say that I would be MUCH more likely to create more music if I had time to sit around doing nothing...but now that I think about it I would probably just sit around half drunk and all the way stoned making up songs about my dog.

    But then again I seem to do a fair amount of that right now.

  102. Instrument makers by NotmyNick · · Score: 1

    This is all terribly unfair to the instrument makers. They've only been paid once for their work, their artistry. These musicians expect to buy once and use them continually without ever again compensating the poor instrument maker for their effort again. The damned leaches!

    --
    Notmysig
  103. Lifetime of income != infinite wealth by AlpineR · · Score: 1

    1) What incentive does a "lifetime of income" give to songwriters to write new songs?

    More income. We're not in some semi-Communist society where producing one hit entitles the creator to full lifetime support with no possibility for further gain. In a capitalist market with copyright protection, a big hit might mean thousands of dollars per month for a year tapering off to a hundred a month ten years out. Income yes, but infinite wealth no. The incentive to write a new song is another year of living wages and another $100/month in retirement.

    1. Re:Lifetime of income != infinite wealth by jopsen · · Score: 1

      In a communist society you wouldn't be paid anymore than everybody else does for doing whatever they do!

      In a communist society people would do what they like and that would be their incentive...

      Seriously, semi-communism is anything but full lifetime support, that's more likely to happen in a capitalistic society...

      Though I don't think liberalsocialism (Or semi-communism as you may call it) and capitalism have different views on imaginary property.

      That said I agree that it's not sane to give people money for songs they wrote 50 years ago... Copyright already lasts far too long - IMO...

      Same goes for patents. Actually I wouldn't mind extending copyright to eternity and have software patents, if they where granted on a case to case basis, where the copyright holder or patent applier would have to prove that granting some imaginary property is needed to make the investment payback with a fair interest...

  104. Copyright Act of 1790 by dtabraha · · Score: 1

    The original intent of copyright law was to help stimulate scientific and artistic development by protecting an artist's initial investment, not to provide them income for the rest of their lives.

    The first Copyright Act in 1790 only provided protection for 14 years:

    How do you get from 14 to 95???

  105. Leeches, the whole lot by Apagador-Man · · Score: 1

    This kind of stuff only serves to imprint on people's minds the impression that EVERY artist and EVERYONE in the music business is trying to leech the general public. We already pay said levies here in Europe. I pay a levy each time i buy a CD to backup my photos, for instance. Who on this frigging earth gave the music people (and I mean studios, artists, etc: music people don't like to be bundled with studios, etc, like this, TOUGH LUCK; if most of them REALLY are all so piss poor they should have numbers to do something about it or STFU) any GODDAMN right to getting paid for this? I WOULDNT care if the artists were really getting compensated with this money, and I MOST CERTAINLY don't care the way things are now. If they want to assume everyone is out to pirate their (in too many instances) miserable "art" then by Jove we ought to do as they want and start copying and distributing everything we can lay our hands on. People say BUHU! but the artist doesn't get paid all the money he should until much later on. To that *I* say: TOUGH SHIT! Get your act together artists. You try or let other artists try to fuck with the public, and then complain the public fucks with you, HA! By the way, in case you haven't noticed, I'm pissed at this crap (I DO buy CDs to backup photos, lol).

    --
    In the end, there can be only one!
  106. Banana Republic by Daniel+Phillips · · Score: 1

    The European Commission is not the same as the European Parliament. The latter has the real power, though not often exercised, while the latter is able to act autonomously in many respects, provided they do not attract too much attention from the general public. The main function of the European Commission thus would appear to be pandering to private interests, while the European Parliament is responsible for upholding the law and acting in the interest of the general population.

    --
    Have you got your LWN subscription yet?
  107. Motivation isn't money/copyright/etc. by mgkimsal2 · · Score: 1

    Imagine if patents worked that way and Edison decided to rest on he laurels after the phonograph. There would be no motion picture camera, no light bulb, and no electric grid.

    Do you really think what motivated Edison's creations was solely a profit motive? That had there been a stronger patent system in place he'd just have said 'screw it, I'll just collect money on this until I die!'? Most of the people we take potshots in these discussions - the big household names of invention and creation - are doing it because it's what they're driven to do. Usually that drive causes practice/study which leads to continued successes in their field of creation/invention. Most of these people would have been writing books/songs, creating inventions and what not regardless of copyright and patent laws.

    1. Re:Motivation isn't money/copyright/etc. by MacDork · · Score: 1

      Do you really think what motivated Edison's creations was solely a profit motive?

      No.

      Most of these people would have been writing books/songs, creating inventions and what not regardless of copyright and patent laws.

      I couldn't agree more. I'd go even further and say most of these people are creating *in spite of* copyright law. If you look at who benefits most from copyright law, you'll see it is generally the publisher/distributor and not the actual creator. Copyright law is not about making sure the artist gets paid, it's about limiting your first amendment rights. It's about letting a handful of publishers decide on what books are read and what books never see the light of day. Thanks to copyright law, the distributors frequently and consistently screw the creators on a regular basis.

    2. Re:Motivation isn't money/copyright/etc. by mabhatter654 · · Score: 1

      the difference what that patents had to be usable inventions... versus paper "maybes" we have now. Under the current terms Tesla would have ruled the patent scene because he had many scientifically sound ideas on paper but couldn't get them "quite" working.. or get funding. He could have sat back for years and still be collecting royalties.

  108. Are copyrights even held by the musicians nowadays by PostPhil · · Score: 2, Insightful

    This seems like another example of political misdirection. Many people that want to become professional musicians have such a difficult time getting a record deal that they will sign anything. Record companies know this, and so you either accept their terms or you don't get a record deal. They know that there are thousands of others just like you that would sign the contract. So, they basically make you sign away your rights to the music. They own the music you wrote, not you.

    I believe many of us have heard of the example where John Fogerty was sued for sounding like himself, because "The Old Man Down The Road" sounds so much like his songs "Run Through The Jungle" and "Green River" during his Creedence Clearwater Revival years. Obviously, if you can be sued for making songs that sound like songs you previously wrote yourself, then obviously the cry for compensating musicians in this case is a red herring. Granted, this is Europe rather than the USA, but the political motivations are the same on both sides of the pond and the industry is pushing for international standardization for copyright laws. The real reason they want to extend copyright is so that the record labels can squeeze more money out of classic songs.

  109. Well said by FoamingToad · · Score: 1

    If I had mod points, I'd have modded up. Copyright is supposed to benefit the _artist_, not some loosely-defined bunch of hangers-on (which may include family, acquaintances, or the **aa). Let them do something creative for a change.

  110. Paul McCartney by Anonymous Coward · · Score: 0

    made almost all of that 2Bn outside the beatles.

    Same with the rest of them.

  111. European democracy in action by Anonymous Coward · · Score: 0

    This kind of stuff gives you the warm fuzzies :)

    This is clearly not about lonely creators getting their due. Average live expectancy is not 95 years, it is lower. That is ignoring the fact that babies don't start creating at birth already. So this is either to appease heirs to the creators or it is to appease the employers of creators. Now ask yourselves who are doing the lobbying to get this kind of rules implemented ... This by the way is not called corruption it is called European democracy :) Orwell is still with us.

  112. Misdirection for money by Anonymous Coward · · Score: 0

    If the majority of copywrite holders were actually held by the creators rather than the profiteers, then the way the argument is phrased, pandering sympathy for the poor artists first before the semi-cryptic catch-all of "labels/studios", only tells me that it was the labels/studios who wrote the statement of justification. Still using the artist to cash in without giving them a dime... cuz it's more like 1/10th of a cent.

  113. Don't fall for it by Anonymous Coward · · Score: 1, Insightful

    This isn't about protecting the artist nor about creating incentive for more art. Those are just nice-sounding justifications that are more likely to sit well with the general public.

    This is about specific large businesses wanting to make even more money off of talented artists.

    If it was illegal to sell a copyright or otherwise to surrender all or part of the money one makes off of one's own copyright, (thus protecting artists from exploitation by their labels) you would not see such a strong push for extensions and heavy-handed enforcement.

    Remember the golden rule: he who has the gold rules.

  114. No longer guarantees lifetime income? by Bert64 · · Score: 1

    That's insane, why should someone be able to record a song in their teens and then expect to live off that for the rest of their life?
    What gives them the right to work in their teens, and then laze about for the rest of their lives while still raking in the money?
    If anything, copyright terms should be decreased specifically to prevent that happening - you should continue to work, or at the least invest wisely, if you want to continue making money... Not continue making money from some work you did 90 years ago.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    1. Re:No longer guarantees lifetime income? by MightyMartian · · Score: 1

      I think a rather big push here comes from guys like Roger Daltrey. In his case, out of his entire career with the Who, I think he has something like two or three writing credits. His only source of income comes from record royalties. It's Pete Townsend who receives the lovely publishing royalties, which have proven to be the real gold in the music business.

      In some ways I can side with these guys. One of my favorite bands, The Band, is in a similar situation. Robbie Robertson got the vast majority of publishing royalties because the vast majority of songs were written by him. Levon Helm, who is so pissed at him that he wouldn't even show up to the Grammys for the lifetime award the Band got, claims this is totally unfair, that even while Robertson may have created the songs, the fleshing out of the songs in rehearsals and in the studio, where all the members of the Band would throw in changes from everything to lyrics to tempo to time signatures, which might only show minor or no effect on the published song, in fact made the record, get screwed out of publishing royalties.

      To some extent it is these guys fault, but because they're in the 20s at at the time, rolling in dough and usually pretty fucked up on drugs, booze, women and ego trips, they're not thinking about their futures and about how performance royalties and record sales may dwindle over time, while the songs themselves are the durable, long-term assets. I know in the BBC article on this Daltrey moans about how performers don't get "pensions", and while I can see where's he coming from, he is in the same position of tens of millions of other people who, if they want something more than state pensions, should be setting aside some of their take-home income.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:No longer guarantees lifetime income? by Bert64 · · Score: 1

      Yes, he could have set aside money and invested it wisely while he had it...
      He could be writing new songs right now to make new money, he could be performing the existing works to make money...
      Instead, he's sitting on his lazy back side asking why he doesn't get paid for something he contributed to many years ago.
      I don't think anyone should be able to keep deriving revenue from some work they did years ago, they should be still performing and creating works now if they want a continued revenue stream.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  115. 95 yrs today, 160 yrs in 95 yrs by PortHaven · · Score: 1

    Yes, I've said for a while, that if we don't stop the corruption of the IP systems, we would find ourselves with perpetual copyrights.

    Everytime Mickey Mouse comes up for public domain, copyrights are extended. Ironically, if these big copyright whores had to live by their own laws, they'd never exist:

    Let's review Disney's early movies (and latter movies):

    > Snow White (stolen)
    > Cinderella (stolen)
    > Sleep Beauty
    > Pinnochio
    > Sword in the Stone
    > The Little Mermaid
    > Beauty and the Beast

    And please, don't give me the argument that "well, all of those were in public domain - so they didn't steal them". My point is THEY ARE STEALING PUBLIC DOMAIN.

    Disney would not exist today without public domain, the fact they are unwilling to contribute while willing to benefit is sad.

    Same with the music industry, look how many old songs are revisited, covered, etc. by artists. Who will never put back into public domain.

    ***

    More so, the artists and the the animators, see very little profit. So really, it's not the creators getting paid for a lifetime. Rather it is corporations who do not age, wither and die. Is it any wonder they're manipulating the law to a perpetual copyright.

    There must be public domain. If you are one who thinks that IP property rights beyond a very short time are a good thing. Then you simply lack an education on history. Were we to have perpetual IP rights, we'd have nothing invented today but lawyers. No patents on cars because the wheel would still be IP. No pistons because the lever would still be owned.

    ***

    We need to fight this...and in fact, I believe this is a matter worth the sacrifice of blood. Why? Because I believe it is better to "live free or die" than "be a slave". Right now, this is merely talk of control of CDs. But eventually, this will become the control of minds. As technology advances and we decipher more and more of how the brain works. In 95 yrs, when iPods are merely iMplants. If you happen to recall a song or sing it, you'll find yourself hit with a pay-per-think royalty. Oh, and how long until you're called before a legal system for pirating music (I mean, whistling a tune you've heard).

    While that future is afar off, it is an eventual possibility, and that possibility will lead to the enslaving of thought and ideas. Even in the horrors of past slavery, the thoughts within one's mind were always free.

    Right now, this is just a political issue. 95 yrs from now, it might be a blood issue.

    *shudder*

  116. And when I'm unemployed by Anonymous Coward · · Score: 0

    Because being ni IT I have no job for life any more, It may take me years to get another job (twice so far it's been 8 months, but I'm still young. when I'm in my fifties, I doubt many people will pick me up). So can I get guaranteed income from my past employers to tide me over?

    And your idea would lead to the notion that copyright should last until the next work is created. Are you sure???

  117. For some reason.... by IMightB · · Score: 1

    For some reason, I can get the image of Minnie Mouse giving this guy a BJ under the table outta my head.

  118. The Greatest hits of 1913? by Ralph+Spoilsport · · Score: 1
    What utter shit. What songs from 1913 does anyone even KNOW much less give a flying fuck about?

    I can't believe this greedy ignorant nonsense going on with copyright law.

    I found a list of some of the more popular tunes from 1913 - 1919. If you recognise any of them, you're in a tiny minority of listeners.

    1. My Mothers Rosary performed by Charles Harrison
    2. She's The Daughter Of Mother Machree performed by Charles Harrison
    3. When You And I Were Young Maggie performed by Charles Harrison
    4. Silver Threads Among The Gold performed by Elsie Baker
    5. Have A Smile performed by the Sterling Trio
    6. Till We Meet Again performed by Charles Hart and Lewis James
    7. Roamin In The Gloamin performed by Harry Lauder
    8. A Little Bit Of Heaven performed by Charles Harrison
    9. Singapore performed by Arthur Fields
    10. Some Day I'll Make You Glad performed by the Sterling Trio
    11. That Tumble Down Shack In Athalone performed by the Sterling Trio
    12. Smile And The World Smiles With You performed by Lewis James and Peerless Quartet
    13. Peg O' My Heart performed by Charles Harrison
    14. When I Dream Of Old Erin performed by Arthur Clough
    15. Where The River Shannon Flows performed by John McCormack
    16. The Greatest Battle Song Of All performed by Irving Kaufman
    17. On The Road To Happiness performed by Samuel Ash
    18. Somewhere A Voice Is Calling performed by John McCormack
    19. Once Upon A Time performed by Fred Hughes

    I found the list here where you can buy a CD of the stuff. Frankly, I have intention of doing so, because barbershop quartet never flipped my crank. My point is that NO ONE will remember the average piece of music, and the copyright is already too long. I think it should be reduced to 14 years.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  119. Alternate Proposal by Ngarrang · · Score: 1

    How about 'life of the artist'? Once the artist is dead, the song is released to the public. No more vulchering by the family members, no more agent fees.

    --
    Bearded Dragon
  120. So...... by sempernoctis · · Score: 1

    ....if you buy devices to store your own original media, you first have to pay copying levies to every other artist in the E.U.??? WTF?

  121. Chilling effect of copyright by spook+brat · · Score: 1

    As established by court precedent the minimum number of notes required for a song to be "infringing" on another is four. It would not be difficult with modern computing to create a database of all copyrighted songs and start suing songwriters and musicians who "copy" a previous work. The chilling effect on new music would be as bad or worse than software patents are now for the software industry. There is only a limited number of possible note sequences, after all...

    Regardless, the purpose of a rich public domain is to allow artists to draw on the works of the past to create the art of today. Perpetual copyright makes Big Media (TM) the gatekeeper of our cultural history and makes it a crime to derive new works from the old. The issue at hand with too-long copyright length (IMHO) is not the creation of innovation, it's the prevention of it that will inevitably occur.

    --
    Travel the Galaxy! Meet fascinating life forms... ...and kill them - http://schlockmercenary.com
  122. So how have you lived the last 17 years? by Anonymous Coward · · Score: 0

    And why don't you get off your fat arse and finish it quicker? If I took 17 years to get 1/8th the way through a project, I'd've been sacked about 16 1/2 years ago.

    PS your book will have a new copyright.

  123. The answer is partially subjective. by yakovlev · · Score: 1

    There is some subjectivity to this argument, but we can also apply some sound numbers.

    The purpose of copyright is to provide an incentive to authors to create works.

    To evaluate this, we must calculate the number of works that would be created, given a certain copyright term.

    For a given copyright curve, this is going to look something like y=ln(x), where x is the term, in years, and y is the number of works created.

    To then calculate the number of additional works created, we calculate the marginal increase for each year, which for ln(x) will be 1/x.

    So, once we are able to put some suitable constants in to get the scales right (which would require some careful study), we will see that there is a region of copyright where adding additional years will create a significant increase in works created, but as the number of years increases, the marginal benefit for adding additional years will be minimal.

    Given the above analysis, and given the great many works that were created, even prior to the Copyright Act of 1976, it seems like the current copyright terms are more than adequate, and that there is no reason to increase the copyright term.

    Where this gets subjective is when we consider where on the curve we really should be. There will be a region where the slope of 1/x (the margninal increase in works created per year of copyright added) is changing dramatically, and within that region there is some legitimate debate about where the copyright term should be set.

    However, that point is a term substantially lower than current terms. Evidence from patent terms shows that the "framers copyright" of 14 years was about right, maybe 20 is better (current patent terms), but it was the right order of magnitude. Lots of patents are still generated despite their dramatically shorter terms than copyright.

    So, it isn't necessary to talk in subjective terms to show that current copyright terms are way out of line with their stated purpose of promoting the progress of science and the useful arts.

  124. Why should it? by spyfrog · · Score: 1

    "People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties".

    Why should it? All other have to work for their income, why not artists?

  125. Copyright is about incentive. by Anonymous Coward · · Score: 0

    Copyright is to assure there is some incentive to create works. How many artists are not creating works because in 50 years, if they are still alive, the royalties will dry up?

  126. I call shenanigans by x3rc3s · · Score: 1

    The work of the artist is the service of creating art. Should a film producer, who wants to incorporate the musical work of an artist be able to use it for free in his own work, or should he have to license that musical work. Sounds like you are arguing for the later,but would you allow that director to film in your home for free, just because he thought your place had the perfect look for his film, or would you expect to be paid for providing that service to him? As to your last point that nothing new is created, you are wrong. A new film is created that derives some of its emotional power from the previously created song. Your argument also completely ignores the intrinsic value of art itself. A society that does not value art (and which does not support artists) is a soulless society.

    1. Re:I call shenanigans by dmomo · · Score: 1

      Thanks for a critical response. I agree artists should get paid. I don't agree that extending copyright should be the way. Artists should get more for their work sooner. This would let them move on to create new pieces of work.

      I don't want to get into the "allowing the producer onto my property" argument. That's not art. That is my personal living space. Sure, if I put specs on my home out there, let that producer copy it and film it there.

      > A new film is created that derives some of its emotional power from the previously created song.
      As it would have been if it had obtained that song for free. As it would have been if another song were used. I don't think that extending copyright for 100 years will help in more films and art being created.

      > Your argument also completely ignores the intrinsic value of art itself. A society that does not value art (and which does not support artists) is a soulless society.

      No it doesn't ignore the intrinsic value of art. It merely advocates for discarding the monetary value of art after the cost of creating the art has been compensated. We can value art in ways that do not involve money. We can value it by sharing it, creating it, staring at it arguing about and spitting on it. If I am working on a piece and find out that my children will not profit off of it when I die, I will continue that piece. I'm doing it for the art. If I do get paid, I consider it fortunate that I am getting paid for something i enjoy doing.

    2. Re:I call shenanigans by Anonymous Coward · · Score: 0

      What's scarce is the artist's time, not copies of the result, so that's what the price should be attached to. Penalizing people for experiencing art is a terrible way to "value" it. We should be supporting artists by public patronage, not by turning each artist's career into a series of lottery tickets (one work makes them rich while thousands of others die penniless).

  127. Copyright should be something you pay for... by Joce640k · · Score: 1

    Copyright should be free for about 20 years then after that you should pay for it with an annual fee. Anything worthless therefore drops into the public domain.

    --
    No sig today...
    1. Re:Copyright should be something you pay for... by jafuser · · Score: 1
      Perhaps reasonable annual renewal fee would be ((y - 20)^4) * x, rounded up to an even dollar, where:
      y = copyright age in years
      x = value of 1/1000th of an ounce of gold

      At the current price of gold (1oz. = $910), some example fees would be:
      • y+21: $1
      • y+22: $15 (sum: $16)
      • y+23: $74 (sum: $90)
      • y+24: $233 (sum: $323)
      • y+25: $569 (sum: $892)
      • y+30: $9,100 (sum: $23,056)
      • y+35: $46,069 (sum: $162,269)
      • y+40: $145,600 (sum: $657,634)
      • y+50: $737,100 (sum: $4,799,351)
      • y+60: $2,329,600 (sum: $19,821,029)
      • y+75: $8,327,069 (sum: $95,811,777)
      • y+100: $37,273,600 (sum: $615,169,736)
      The reason for basing it on gold is that we should use something with a stable value which will not be affected by currency inflation, otherwise these fees would effectively become less expensive as years pass. (Note: It doesn't have to be gold, just something with a fairly stable value).
      --
      Please consider making an automatic monthly recurring donation to the EFF
    2. Re:Copyright should be something you pay for... by cpt+kangarooski · · Score: 1

      Why not require registration for all published works, with a token fee then? That way, anything worthless drops into the public domain immediately. Then have very short terms (say, 2 years) with many renewals possible, again with a token fee, so that if anything becomes worthless in the interim, it'll drop into the public domain shortly after.

      Of course, it isn't really the money that matters (save to prevent people from abusing the system in much the same way that spam relies on email being basically free to the sender), but the effort of having to remember to fill in and submit the form. The form itself is quite simple, but history shows that most copyright holders don't bother with it. The US had a renewal system until 1978, and the majority of registered copyrights were never renewed.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Copyright should be something you pay for... by mabhatter654 · · Score: 1

      If it's worth so much, they should pay property tax on it! Just like land, you can't own thousands of acres without some way to pay the tax man.. or he redistributes it to somebody who can pay. "IP" has no equivalent "weight" to it. You can will it to your heirs for no inheritance tax, a company can reuse it without paying capital gains or capital property tax. Imagine if Microsoft had to pay taxes on how much the Windows copyright was worth!

  128. An easy way to test the honesty of this proposal by TomRC · · Score: 1

    Let's test the honesty of the 95 years "for the artists" claim:

    Ammend the proposal so that - no matter what - full possession of copyright returns to the artist at 50 years (the current term, I believe).

  129. Executive Summary in Two words by _.-+thimk!+-._ · · Score: 1

    Two Words:

    Screw. That.

    Extended Executive Summary

    The CORRECT response to all of this is to first review and relearn the function of copyright, then recognize that the ORIGINAL terms are most effective at balancing the interest of the creator with those of the public. The function of copyright is to benefit the public good, by providing REASONABLE protection for compensation for creators, while encouraging them to continue to create, rather than retain copyright forever.

    The REAL solution is exactly the reverse of what's been proposed. The term for copyright should be REDUCED back to 14 years or so, after which the work reverts to the PUBLIC DOMAIN, and it should prohibited that it be extended.

    This serves to provide a reasonable period to collect appropriate fees and royalties, after which the interest of the public should supersede that of the creator. And, the beneficiary of this should be the REAL creator, not some amorphous RICO entity of an *IAA, or some monster publishing house. For collaborative endeavors (movies are one example), it would be reasonable that there be a trust composed of the creative agents, so there is still a mechanism to compensate organizations and corporate entities engaged in such activities. Their interest should be of no greater duration than the human creators of record. (If anything, their rights should be more limited, since a corporate entity has no natural lifespan to limit the tenure of their control, and this harms the public interest as a result. This is exactly the reason, by the way, such entities keep pushing to extend the span of copyright, to the public's continuing detriment.) Time-limited trusts, by comparison, may be created with such a built in lifespan, after which they expire.

    Summation

    Screw Disney. Screw the *IAA. Screw the Studios. Screw the estates of dead artists. Mickey should have entered the public domain years ago, along with the vast majority of the music, television and movie catalogs currently out there.

    To all of You. Get over it. Stop trying to steal from the public coffers, and the collective public legacy. Go create something new. For new things, you should be rewarded, at reasonable rates. But only for an appropriately transitory period.

  130. No, but you can copy my car now by Anonymous Coward · · Score: 0

    n/t

  131. Such a joke.. by LingNoi · · Score: 1

    What a joke... the artists.. the artists, we all know this is about the publishers wanting more copyright not the artists.

  132. More valuable than a cure for cancer by finarfinjge · · Score: 1

    This may be a dupe comment. I'm at work and shouldn't be posting, but:

    The protection of the intellectual property that is a cure for cancer, that is a patent, would last (in Canada at least) 20 years. Does this mean that the latest brilliance from Britney Spears is 4 times more valuable than a cure for cancer?

    Cheers
    JE

  133. This has little or nothing to do with artists! by StillNeedMoreCoffee · · Score: 1

    As in the Bono extension to the copyright act in the US to save Steamboat Willy from becoming public domain. The issue here has very little to do with the individual artists. That is only the emotional appeal. What it has to do with is big corporations that buy those copyrights and have those as paying assests. They want to preserve the gravy train.

    Now its true that some artists maintain their rights but I think if you look at the vast majority of copyrights they are owned not by the artist or creator but by a company, some companies I understand only hold copyrights and get revenues from them.

    I fully think artists should benefit from their creation and that copyright protects them. But for copyrights to live so long and become a commodity I think is wrong. I think we should change the law so that the copyright is not transferable and that only individuals would hold copyrights not corporations.

    If you look at some of the standard agreements you sign on employment. Your creative work is usually asigned to the corporation you are working for. Just because they payed for it I am not sure they should own exclusive rights to individuals work. They obviously benefit from that work but just the salary paid to an individual seems like cheating the creator out of his own creation.

    What if we had copyrights and patents owned by only individuals, non-transferable, non-sellable. Then the businesses would have more incentive to retain creative people and creative people would have incentives to ally themselves with business in a synergistic way.

    I think the length of 95 years probably stifles additional creative work as someone can rest on their laurels.

    I understand the song Happy Birthday will be copyrighted until 2030 (the orginal creators are dead and the copyright was gotten in 1935 even though the tune was written in 1893. So that is why in a resturant you don't hear the staff sing Happy Birthday, because they would have to pay a royalty.

    http://www.snopes.com/music/songs/birthday.asp

    So my point is that the 95 years mostly serves corporations (or privately held pirates).

    Lets just be clear about who is getting the majority of the money's here.

  134. Pension Funds (Devil's Advocate) by Anonymous Coward · · Score: 0

    In the Capitalist system, where there is little to no social security, how do these "artists" pay for their retirement and medical care? How are they to perform new music suffering from Alzheimer's and arthritis?

    1. Re:Pension Funds (Devil's Advocate) by pipatron · · Score: 1

      How does a carpenter do it, after they can no longer use their tools?

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:Pension Funds (Devil's Advocate) by jacksonj04 · · Score: 1

      It's called savings.

      --
      How many people can read hex if only you and dead people can read hex?
  135. Vote him out by nurb432 · · Score: 1

    Or have a revolution. Or suffer the consequences of inaction..

    --
    ---- Booth was a patriot ----
  136. Re:Sweet! For them! by __aajxax2722 · · Score: 2, Insightful

    I have no problem on buying a song if I like it. The royalties should go to the artists, but they don't. A major portion of them go into the RIAA or to pay for managers, sound tech's and others who work on the production. I have no problem with that either, a days work for a days pay.

    The problem that I have with this is when you purchase a song in the stores, you buy it on some type of media, LP, CD, cassette tape or others. I pay the royalty to the artist for the right to listen to that song on. The artist gets paid for their work. If I have the technology to move that song over from 8 track tape to CD's and I can listen to it, then why should I pay the recording companies and the artist royalties once again? I should pay for the first type of media and as long as I do not want another version of that song on different media that is professionally produced, re-edited and mixed, then I should not have to pay for it once again.

    My complaint is that if I have the technology to write my own media from the media that I already own legally, then I should be able to and not get threatened with jail for doing it. If I want to pay someone else for a better version, then I should pay for it.

    But the recording companies should drop this BS about how it hurts the artists. It threatens the executives in the recording companies and everyone else that work there.

    Just my 2 cents worth.

  137. UK rejected 95 years already by Gonoff · · Score: 1

    I think we had Cliff brought out to help push for this already.

    I think part of the reason it did not happen was that...

    • He has plenty of money and does not need welfare.
    • He is bringing out new stuff on occasion anyway
    • If someone is no longer getting money out of something this far on, they should have found alternative incomes by now anyway.
    • All the others advocating it did not seem poor either.
    This is just the parasites trying to force on us what has already been rejected.
    --
    I'll see your Constitution and raise you a Queen.
  138. two types of copyright by lowieken · · Score: 1

    There's two entirely different beasts in copyright:

    * Composers and lyricists get a monopoly until 70 years after the death of the longest living author.

    * Performers get a 50 year monopoly from the moment the recording was published.

  139. Derivative works by tepples · · Score: 1

    Well, to be fair, the laws of supply and demand eventually kicks in. The heirs of the folks who wrote Ragtime tunes probably wouldn't be seeing a whole lot of royalty income right now. Yes they would. When old songs are performed in new styles, they're still derivative works.
  140. You know what.... by Anonymous Coward · · Score: 0

    I could *tolerate* an extension of the life of the copyright, but the *tax* on *blank media* is what I as a consumer and potential business person *cannot* and *will not* tolerate. My property is my own. That includes the black CDs or DVDs or whatever media I have to use to transport data for my business or my pleasure (in this case, it's source code for programs I design). All in all, an artist should benefit from their labor, but not from the labor of others, especially those that use digital media for other purposes other than pirating software, music, and/or video. It's a crime to tax people, especially for their own labor and effort. All this proposal does is make a chilling effect on the whole digital economy; from OS makers to game developers are going to feel this pinch. And they themselves will not be able to fully accrue for the loss that such taxes will bring. And oddly enough, this jackhole that's proposing these levies will probably be the one getting a fatter salary because of them.

    No wonder I'm a market anarchist anymore.

  141. Levies on blanks & players by tbuskey · · Score: 1

    ...options for new levies on blank discs, data storage and music and video players to compensate artists and copyright holders

    I've gone through several hundred DVDs and CDs at work. I've been getting copies of Solaris, Linux and other freely downloadable OSes. I've been archiving user created data. Our file servers exclude .mp3 and many other file types to cut down on non-work related material.

    So, there's a levy on the blanks in case I might be infringing. Does that mean I get to infringe for the value of that levy?

  142. Lifetime income? by Anonymous Coward · · Score: 0

    Why should a creator (author/musician/inventor/whatsit/whosit) be entitled to "lifetime income"? It's a nice thought, I'll admit that, but so is winning the lottery or the idea that government should pay me a pension that lets me live in castles, but let's get real here. Creators need to be more than one-trick ponies, so limit the duration. Force them to continue to create, knowing it's not a free ride based on one hit piece of work.

  143. Nazi grammar wanted by a_claudiu · · Score: 1

    I plan to send the following letter to Oliver Drewes spokesman for Charlie McCreevy EU commissioner and BBC. As I'm not native english speaker can somebody please help me as a human spellchecker. Ideas are also welcome. Thanks.
    Dear Charlie McCreevy,
    I read your proposal for extended copyright period and I'm deeply concerned about the motivation, solution and consequences of this proposal.
    The purpose of this extension is to give old artists money for living and not for the record companies. To be more precise the target of this law will be "session musicians and lesser known artists" in their 70's for which "royalties are often their sole pension". In your press release were not presented any figures about how many artist will be impacted by this law, how much are they receiving now from royalties and what is the real need for this law. In all European countries the elderly people are having a decent protection and I do not see the reason for artists to be privileged compared to other people. Being paid 50 years after you did something is happening only to artists. I understand that being an artist is not easy and is not for everybody but the same is valid for a hundred other types of jobs.
    The solution of extending the copyright from 45 to 90 years baffles me a lot. The reason is that some artists are in their 70's and "given life expectancy in the EU - 75 - 81 years" will soon be without protection. So the solution is to add 45 years until they reach the age of 115. This is more than the life of the artist and sound more like the american "Mickey Mouse Protection Act". "For session musicians, the record companies will set up a fund - a substantial fund reserving at least 20% of the income during the extended term to them." This 20% is coming from "gross income" (highly unlikely) or profit after taxes and expenses? In the last case the amount will be zero as all the media companies will distribute the profit to other companies using the "Hollywood accountancy".
    How many old artists are the target of this action? How many artists did nothing in the last 50 years for providing a long term profit like a pension plan/royalties, are in an acute need and are not covered by the actual social laws valid for all persons in Europe?
    Before proposing any extra taxes and copyright extensions do you have some figures about the amount and distribution of actual copyright levies (for phones, blank cds etc.)? I found that these taxes in 2005 amounted for 555 million Euro. How much money do artists actually receive now from these taxes? How can you make sure that these extra money are going to the artists and not to the record companies?
    Regards

  144. Don't beleive the BS. It's all just a front. by Anonymous Coward · · Score: 0

    Well the Beatles did make a lot of money from record sales, but it's not going to be anywere as much as you think they did. They probably make a hell of a lot more from people using their songs in advertisements, bars, resturants, and playing their recordings on the radio.

    And the Beatles are going to be the exception. The vast majority of artists never make any significant amount of money from record sales. The only people that do are bands that are successfull enough and lasted long enough that they lasted past their initial signing agreement and were able to negotiate favorable terms. Those are the _tiny_ minority of bands.

    The average young entertainer you see on MTV or VH1 would of made more money working for McDonal's then they ever did from record sales.. Sure the $$ signs may be good, but once a band pays off the cost of studio time, equipment, management, (which they all pay from proceeds) it's usually not anything.

    In fact many bands that made it big actually ended up in the _RED_ because they thought they were making millions of dollars and they were not.

    The fact is that bands make more from T-Shirt sales at their concerts then what they make from people selling albums in stores. This isn't to justify piracy, this is just how it works. Just the facts. Touring is how they make their living.

    If bands made such a shitload of money from record sales then why the hell are they touring around in their 40's and 50's well after their time in the sun when they sold platinium records? Ever watched 'VH1 were are they now?'... what percentage of those folks are raking in the big bucks from their 'best of' albums being sold? (hint: very very small amount)

    The big labels are lying to you. They are lying to the public and they are lying to the artists they sign up. It's all a joke. A snow job. The glitz, the glamor.. it's all a show. It's part of the entertainment. Very few of the bands you hear on the radio or see on TV are ever going to get rich from what they do. Not unless they become a produce or continue to crank out albums so they exhaust their original contracts and go on their own.

    In reality the majority of bands that get 'signed' don't ever get to release _one_ album.. the record agencies will sign them up just to make sure that other labels won't get them.

  145. Steamboat Willie by marcovje · · Score: 1


    Streamboat willy close to expiration again?

  146. Why should someone be paid for life? by JSBiff · · Score: 1

    I sure wish that I could get payed for work I did 95 years ago. . . Oh, wait, I'm only 30 years old. :-p

    Still, where does this notion come from that someone deserves to be paid for their entire life for work they did 30, 40, or 50 years ago? Heck, I don't get paid for work I did 3 weeks ago. . . *grin*. I got to go with the people that say that Copyright should be limited to 10 or 20 years at most.

    I understand that copyright is not quite like normal employment. For example, a company might employ hundreds of programmers for several years to create a program. Can't expect them to re-coup that investment and make a profit in 1 day (to take things to an extreme). But, if you haven't made a profit in ten or twenty years, guess what. . you never will.

    It's truly unreasonable to expect that companies or people should get paid for work they did decades ago.

  147. He's lying. by MacDork · · Score: 1

    It's already life+... He's lying.

  148. Happy Birthday in '35 and still copyrighted by Anonymous Coward · · Score: 0

    Why bother? It's not like anything created by the current artists in their teens will still be listened to five years from now, let alone fifty...


    Unless you wrote "Happy Birthday to You", which was registered in 1935 and is still in copyright.

  149. 95 Years Not Enough by vacantskies9 · · Score: 2, Funny

    I mean look at Keith Richards. That will probably only be a fraction of his lifetime.

  150. Perpetual Copyright by maglor_83 · · Score: 2, Insightful

    Make copyright perpetual. Also make copyright holders pay rates to keep their copyrights. Then when the work becomes unprofitable, it will enter public domain.

  151. I'm ashamed... by Eternal+Annoyance · · Score: 1

    That something like this could happen here, in the EU... This is based on pure greed, and achieved by lobbying.

    I think somebody should check the commissioner's funding, and how that insane idea got into his head... then send the result to the European parliament, accompanied with accusations of corruption.

  152. I want income from software I wrote 25 years ago! by argent · · Score: 1

    People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties, he said.

    My heart fairly bleeds for them.

    Really.

  153. Y'know - just STOP already! by pugugly · · Score: 1

    Gee, fifty years just isn't long enough to provide lifetime income from the creative process.

    Why exactly is it that we need to be concerned that someone receive *Lifetime* income from work? I'm all for people benefiting from their creative process, but there's no interest in making sure a ditchdigger gets lifetime income from contributing to society. My father no longer gets income from the jobs he did ten years ago, and the Air Force quit paying me for fixing jets pretty much the day I quit doing it.

    Just - *stop it*. You don't need income for my legally copying a cd under fair use, and we won't charge you an extra fee *every* time you utilize a ditch, road, internet connection, or any of the thousands of other things that you used and FUCKING ONLY PAID ONCE FOR!

    God I'm sick of these people. I'm happy to make some special concessions for creative work, but get over yourselves - you're writing a book, not lowering the total entropy of the universe.

    Pug

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  154. companies are evil by groovy_daemon · · Score: 1

    Some of you are complaining about companies for doing this. Yes it is the companies that want all the money. Welcome to capitalism. Enjoy your stay. Artist's, animators, writers, all of the people that actually create are usually more interested in creating than making money. That's where the big capitalist business come in and hire these artists, then steal their works with "copyrights"! It's absurd. What's even more absurd is that people actually pay for music at all. I can understand paying for the costs of production or a show, but just paying $20 for a cd with 10 songs on it? Find a local band and they are sure to give you a cd for maybe $5 with the same amount of songs. All the money is being funneled into the company's pocket. I am not sure about other countries, but in the USA companies benefit way more than people, and they are even allowed to break law and have special rules that ordinary people don't have. Again, it's all about money. Money is the root of all evil. I know that's cliche, but it's true. Capitalism = evil.

  155. Software patents advocate by henni16 · · Score: 1

    I mostly remember McGreedy as the guy who was (and is again) fighting tooth and nail to introduce US style software patents enforceable in the EU.

  156. Re:Sweet! For them! by cpt+kangarooski · · Score: 1

    The problem that I have with this is when you purchase a song in the stores, you buy it on some type of media, LP, CD, cassette tape or others. I pay the royalty to the artist for the right to listen to that song on.

    In the US, at least, no you do not.

    You merely are buying the copy. Access to the copy (which is easier if you own it) is where you get the right to listen to it.

    Copyright deals with who can make that copy, who can sell that copy, who can publicly perform the music on the copy; it does not deal with merely listening to it. Since that isn't the subject of copyright, the copyright holder has no exclusive right over that which he could possibly license to you in the first place. Attempting to do so would be as much of a fraud as selling you the Brooklyn Bridge.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  157. Logic... by jadin · · Score: 1

    A lot of you are talking about getting paid for your day jobs / average work for years after you finish.. like artists. The problem with your theory is it's not apples to oranges. The best example would be a movie. Suppose a movie costs $100 million to make. You would need to find a single buyer for $100 million to break even, or else be able to sell it to millions of people for much smaller chunks over periods of time. Now those of you who want to get paid over years for work you did would have to charge per use, and a fraction of the cost.. Let's say 1 penny per use. Not many of you would be happy with that scenario.

    So why such angst for artists who can't charge what they need to in order to cover their cost to a single person, but instead choose to charge much much smaller amounts to a thousands of people over a period of years.

    (I'm for copyright, but for a realistic length of time.)

  158. There will be a lot to apply this to ... NOT by Anonymous Coward · · Score: 0

    This will completely discourage new ideas. If all that people have to do is make one good idea and profit from it forever, what will KEEP anyone in the creation of music?

  159. So now, they must be compensated for life? by dave87656 · · Score: 1

    Wow, what a racket.

    Oh, and just so that we know who is really behind this, they want to up the GEMA (=German version of the RIAA) tax on blank media, whether or not you use it copy copywrited material.

    What a buch of crooks.

  160. nonsense by Jesus+IS+the+Devil · · Score: 1

    This is all a bunch of crap. If their goal is to make sure an artists doesn't lose his copyright while still alive, why not just have it say, "a copyright expire when the artist that created it dies"?

    But of course we know that's not their goal. Their goal is to extend it out as far as they can, so royalties can go on as far as possible.

    --

    eTrade SUCKS
  161. Early teens + 95 = 105? by LaundroMat · · Score: 1

    So artists get to live at least 105 years? I guess I should adopt their lifestyles to extend my expected lifespan with several decades.

    --
    "Those innocent fun games of the hallucination generation"
  162. Providing a pension for the artists by Ed+Avis · · Score: 1

    It's interesting that the main reason given by the Commissioner is that some artists who had a hit record 50 years ago will no longer get a regular income. This is Slashdot, and I don't need to rehearse again the arguments about the true purpose of copyright being to benefit the public, not artists or publishers. However we should note the emotive argument here (if you don't extend copyright, poor Cliff Richard might starve) and maybe do something about it.

    The Commissioner said that CD of out-of-copyright recordings cost just as much to the consumer as copyrighted ones. If the record companies really cared about the artists, they would voluntarily pay royalties even though copyright doesn't require it; after all, they are passing on the cost to the consumer. But remember Radiohead's recent album release where you pay what you want to download it. It is likely they got more money that way than by a normal record deal. So how about a site to download out-of-copyright music recordings that lets you pay as much or as little as you want directly to the artist? The artists might get rather more money from this site than they would from the meagre royalties the record company used to pay them when the recording was in copyright. This would draw attention to the public domain and help demolish the myth that the copyright lobbyists only have the artists' interests at heart.

    --
    -- Ed Avis ed@membled.com
  163. jealous? by Anonymous Coward · · Score: 0

    As was said before: artists won't stop creating even if they are not payed.

    I can assure You: a good artist won't stop creating when he will earn too much money, because it's not the money he wanted in the first place when he started to be an artist. a BAD artist will stop, but if everybody likes to buy works of a bad artist - WHO CARES, let them be rich and get the hell outta market.
    And thats a GOOD thing, getting bad unmotivated people out of the scene.

    being an artist as a creator is not even remotely similar to getting payed every month in a corporate seat, or working behind the counter. European people knows it too well, as we (i'm an european musician) had those problems for ages.

    By cutting the copyrights You will just make good artist get a job behind the counter and not doing their GOOD stuff due to lack of money. Why? because big money comes from promoted touring, and a CREATIVE artist don't have time to tour with his stuff. He just starts something new, and You can't live from clean air only.
    That was the case of very much every single big name I can remember, with notable exclusions, but even great american jazz musicians we now love to buy re-editions with never got the cash at the end of their lives. And instead of giving last concerts with NEW material, they were working hours in a supermarket or living as bums somewhere, forgotten as men, idolized on CDs they didn't had copyrights to.

    I know that long copyright won't cut it in the states, You have the musical market turned upside down, where bad musicians are promoted because they look good and have the time to tour, and the music is either bad or created by someone else (not in everything but still it's the majority).
    In Europe is actually "au contraire".

    Don't be jealous about giving Your money to artists You like. Some people can't live without this support, and if they can't it doesn't mean they are worthless as creators.

    nikola

  164. I have legitimately paid my royalties *ONCE* by the.j · · Score: 1

    Why do I have for the same song over and over on Phonograph, 8 track, LP, cassette tape, CD, iTunes and MP3 ????

  165. Why... by Lodragandraoidh · · Score: 1

    There is no good reason for someone to make money off of (and more importantly retain exclusive rights to) something they did 90 years ago.

    There are plenty of reasons not to:

    * Doesn't promote the advancement of arts and sciences in given fields.
    * Relegates the person's work to obscurity (who the hell would pay for recordings from the early 1900s for example - if they were not in the public domain, no one would even know they exist).
    * Doesn't serve the public good from a cultural and historical perspective.
    * It's not morally justifiable - particularly given most people have to work every day of their lives to make ends meet - 75 years is enough to milk it, and I think that is too much.
    * It sucks money out of the economy that could be used to develop new works - thus stagnating the business. Of course this just drives new artists into the Open Source/Indy arena - further shrinking the traditional record labels and limiting their influence - so that might not be all bad.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  166. Special Interest - Software Patents by Anonymous Coward · · Score: 0

    No special interests of note? He's one of the major backers of US-style software patents in Europe. (Strange that Microsoft Europe is based in Ireland...)

  167. Why should artists be paid for life? by ibookdb · · Score: 1

    I want to be paid for life too for work I did in my teens.

  168. Lifetime income by Markus+Landgren · · Score: 1

    People are living longer and 50 years of copyright protection no longer give lifetime income to artists who recorded hits in their late teens or early twenties

    I worked in a factory for two years in my early twenties. Absurdly enough, that does not give lifetime income to me. New legislation is obviously needed.
  169. Dear Mr. Teacher by freaker_TuC · · Score: 1

    Give me your name, address, social security number and bank account and I will make the needed payments. Really.

    Thank you for putting all that trust in us rich students. We got money burning in our pockets once we work ;)

    --
    --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
    1. Re:Dear Mr. Teacher by rpillala · · Score: 1

      hehee I was being ironic

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    2. Re:Dear Mr. Teacher by freaker_TuC · · Score: 1

      that's the wonderful thing about it; me too.

      Isn't it easy in the US to get money from someone's account by having the SSN and bank information?

      --
      --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
  170. Mona Lisa is in the Public Domain by JSBiff · · Score: 1


    "I suppose you could hand out free copies of the Mona Lisa to everyone and everything would be OK, but for some reason that seems like a ridiculous idea to people."

    I get your point, but that's a bad example. The Mona Lisa was painted in the 16th century, and has been in the Public Domain for a very long time. Want to print up a bunch of copies of Mona Lisa and hand them out? Knock yourself out. That doesn't seem such a ridiculous idea to me. . .

    That said, people who think that there should be *no* copyright are, frankly, nutjobs. People who think copyrights should be 90 or 100 years are also nutjobs. Copyright for *limited terms*, such as 10 or maybe 20 years, seem perfectly reasonable. People *should* have a right to control the copying of their works for a limited time. This is Slashdot - I'm sure many people here believe quite strongly in the GPL. If there were no copyright on 'easily copyable' media such as music, videos, and softare, then there would be no GPL. If some company wanted to rip off your computer program, create a derivative, and only give people binary copies - which, by the way, had to be unlocked with some kind of DRM system which forced you to pay for a license, then reported demographic data about you back to the company so they could sell it to spammers, the GPL would not be able to force you to get the company to release the un-drm'ed source code.