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Copyright Time Bomb Set To Go Off

In September we discussed one isolated instance of the heirs of rights-holders filing for copyright termination. Now Wired discusses the general case — many copyrights from 1978 and before could come up for grabs in a few years. Some are already in play. "At a time when record labels and, to a lesser extent, music publishers, find themselves in the midst of an unprecedented contraction, the last thing they need is to start losing valuable copyrights to '50s, '60s, '70s and '80s music, much of which still sells as well or better than more recently released fare. Nonetheless, the wheels are already in motion. ... The Eagles plan to file grant termination notices by the end of the year.... 'It's going to happen,' said [an industry lawyer]. 'Just think of what the Eagles are doing when they get back their whole catalog. They don't need a record company now... You'll be able to go to Eagles.com (currently under construction) and get all their songs. They're going to do it; it's coming up.' ...If the labels' best strategy to avoid losing copyright grants or renegotiating them at an extreme disadvantage is the same one they're suing other companies for using, they're in for quite a bumpy — or, rather, an even bumpier — ride."

402 comments

  1. First by Anonymous Coward · · Score: 1, Funny

    First play

  2. Nothing to see here, move on by lordmetroid · · Score: 5, Insightful

    I do not see how this is bad, the publishers obviously hasn't been innovating and now fear their own demise by their own doing. As seen by the trends of income, artists themselves are the winners and publishers has been made obsolete.

    1. Re:Nothing to see here, move on by Midnight+Thunder · · Score: 1

      Exactly. The only thing is would it be foreseeable to see two music publishers in the same country selling the same album, with the artist getting a fixed base amount? I know with books it is possible to see classic literature published by multiple companies, in the same country and in the same shop, though this is not something I have yet experienced when it comes with recorded music - well, at least with contemporary music. With classical music you will see music by the same composer published by different companies, but the performing orchestra is not usually the same.

      --
      Jumpstart the tartan drive.
    2. Re:Nothing to see here, move on by mr_gorkajuice · · Score: 1, Interesting

      Absolutely not at all bad. But interesting nevertheless, so something to see here indeed.

    3. Re:Nothing to see here, move on by jonbryce · · Score: 2, Informative

      That is because the orchestral recording is generally subject to copyright, except possibly for a few very ancient gramophone recordings.

    4. Re:Nothing to see here, move on by hedwards · · Score: 5, Insightful

      This is the next best thing to the work going to the public domain. All us "pirates" that refuse to pay for music that goes to fund lawsuits against music lovers could theoretically then go and buy music from the Eagles without having to line the pocket books of a RIAA affiliated label.

      I don't personally have a problem with them continuing to have copyright protection, but really the moment the last of them is dead, it should go to the public pretty soon after.

    5. Re:Nothing to see here, move on by perlchild · · Score: 5, Insightful

      I don't see how this is bad either. As for publishers... If they really feared this, they could always have offered longer contracts to artists... a 55 year contract? YUP!

      Oh wait you mean they wouldn't have made so much money off the artists? What? You mean giving more money to artists back in the napster days was only ok... if it wasn't your money?

      Hopefully, in ten years, the RIAA member companies will exit the music business, or be bankrupt. If you work for them, please find other work now. I'm so against them getting a bailout then.

    6. Re:Nothing to see here, move on by b4upoo · · Score: 4, Insightful

      Sadly the term publisher masks a host of leeches that feed upon the artists and the public. In essence if you get a contract you can subcontract everything and simply sit back and get a free lunch.
                            Going back in time a bit the publishers had to hire a scribe as an employee to prepare the original and then print it and issue it themselves. Those days are long gone. Today even the big name artists often gain nothing at all from record production but make their entire living from in person appearances and the sale of T shirts and other gimmicks.

    7. Re:Nothing to see here, move on by pigphish · · Score: 3, Interesting

      This is bad because the Eagles may be even more greedy than the record companies. They dont mind bilking their fans when they go on tour and probably wouldn't mind when selling their wares.

    8. Re:Nothing to see here, move on by TheVelvetFlamebait · · Score: 4, Interesting

      Actually, there's something very interesting to see here. This is may be the first time that early termination of copyrights has been viewed as a viable option for artists, and for consumers. If artists are prepared to agree to terminate their copyrights early, we can make our choices based on how long artists will hold their creations. We can choose how long we have to wait before redistributing. Before, it was an option between no time at all, or some undetermined amount of time, at least 75 years post creation.

      If we buy only works with reasonable term lengths, then long copyright terms will die.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    9. Re:Nothing to see here, move on by BarryJacobsen · · Score: 5, Insightful

      If we buy only works with reasonable term lengths, then long copyright terms will die.

      I know, right! I mean, I just heard some teenage girls talking about how they wanted to buy this new Taylor Swift album, but weren't sure of her stance on intellectual property rights and copyright term retention so they didn't feel comfortable buying it as it would send the wrong message to the recording industry and OMG Billy just bought it, I wonder if I buy it he'll think I'm cool!

    10. Re:Nothing to see here, move on by oldspewey · · Score: 5, Insightful

      The difference is that if the Eagles decide to be greedy about their intellectual property, it puts me in the position of having to reconsider my desire to own Eagles music. If Sony entertainment decides to be greedy about "their" intellectual property, it puts me in the position of having to reconsider my desire to own the music of several dozen artists.

      If the Eagles want to dig their own grave, that's their prerogative.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    11. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      The truth: pigphish speaks of it!

      Why can I go see a local band at a bar for $5 cover and have just as good of a time if not better?

    12. Re:Nothing to see here, move on by Ironchew · · Score: 2, Informative

      RIAA member companies

      What heresy is this? Slashdot can always get behind the bashing of a big bad faceless association, but now you want to actually get to the heart of this and punish the members? From Wikipedia:
      'The RIAA represents over 1,600 member labels...The largest and most influential of the members are the "Big Four" which include:
              * EMI
              * Sony Music Entertainment
              * Universal Music Group
              * Warner Music Group'

      Don't tell the Sony fanboys.

    13. Re:Nothing to see here, move on by thisnamestoolong · · Score: 1

      This may be true, but it will still be better than what we have now. The Eagles will have much less bargaining power in ripping people off if the majority of the industry were to be fragmented in this way -- they will actually have to compete with other, less greedy bands. If all of the other bands are selling an album's worth of new songs on their website for $5, the Eagles will have trouble selling theirs for $20. When the distribution of the vast majority of the music nowadays is overseen by the same international cartel, there is little room for competition. As a side note, I feel that anyone who is an Eagles fan deserves to be bilked, whenever I hear Hotel California come on the radio it feels like someone is raping my eardrums. I have a hard time trusting anyone who enjoys such ear rape.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    14. Re:Nothing to see here, move on by Anonymous Coward · · Score: 1, Insightful

      They dont mind bilking their fans when they go on tour...

      For instance?

      Not disagreeing or anything, but an accusation like that requires more than just a statement in passing to be taken seriously.

    15. Re:Nothing to see here, move on by Grizzley9 · · Score: 1

      This is bad because the Eagles may be even more greedy than the record companies. They dont mind bilking their fans when they go on tour and probably wouldn't mind when selling their wares.

      They are the artists and creators, that's their prerogative. You don't have to listen to them and in this case I don't mind as it's coming directly from the artists and not some big corporation 3rd party. Do you value all music the same? In a free market some songs/artists work would cost more than others b/c of it's perceived value.

    16. Re:Nothing to see here, move on by m.ducharme · · Score: 5, Insightful

      Incidentally, their concerts are probably under-priced, not over-priced. Long line-ups, same-day sellouts, and scalpers are all symptoms that the seller is not charging as much as the market will bear for their tickets. You might not think the tickets, merch, etc are worth the prices they charge, but clearly other fans do, and there's no reason why the Eagles should sell you cheaper stuff when other people will happily pay more.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    17. Re:Nothing to see here, move on by commodore64_love · · Score: 3, Insightful

      When either power or money becomes concentrated, the people's liberty shrinks. I'd only go after the the megacorps on your list. Also 35 years is too long. That exceeds the lifetime of many artists (from the time they wrote the song to when they die). Look at the Beatles. Many of them died before the thirty-five year timespan ended, and that's just not right.

      14 years (Original 1790 Act) would be better.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    18. Re:Nothing to see here, move on by hitmark · · Score: 1

      the more i read about it, the more modern copyright reminds me of those russian dolls.

      copyrights within copyrights within copyrights. its a legal brier patch of epic proportions...

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    19. Re:Nothing to see here, move on by hitmark · · Score: 4, Funny

      cue "think of the children(heirs)" in 3.. 2.. 1..

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    20. Re:Nothing to see here, move on by TheLink · · Score: 4, Insightful

      Exactly.

      That's why I find it really funny how some people can think that voting doesn't work (voters can't influence Governments to do the right thing), but at the same time think that people can vote with their wallets (influence companies to do the right thing)...

      Voting doesn't work if there are too many stupid/ignorant voters. Whether it's voting with wallets or with ballot boxes.

      --
    21. Re:Nothing to see here, move on by Anonymous Coward · · Score: 1, Insightful

      I like The Eagles music you insensitive clod.

      Newsflash: different people like different music. Some folks like "clasical" music - I don't. You don't like The Eagles. I do. That's why there are varying musical styles out there. You get to chose. I imagine this ear rape of what you speak is in the ear of the listener (eye of the beholder and all that).

    22. Re:Nothing to see here, move on by Volante3192 · · Score: 4, Informative

      The works you see by the same author released by seperate companies are in the public domain.

      Anyone can print the original words of Shakespeare, Dickens, Bronte, Dumas. Anything publisher specific (layout, annotations, et cetera) is exclusive to that publisher. The same goes with compositions. Anyone can record works by Mozart, Bach, Beethoven, as the sheetmusic is in the public domain, but whoever releases it is whoever cut the recording deal with the orchestra.

    23. Re:Nothing to see here, move on by SEWilco · · Score: 2, Insightful

      Ever hear of an estate? Where the assets, such as copyright grants, have value which the deceased's will can direct to benefit the surviving family members? So a hard-working artist who dies too young can still take care of his family?

    24. Re:Nothing to see here, move on by Rick+the+Red · · Score: 1

      This is a prime example of companies failing to recognize what business they're in. The railroads thought they were in the railroad business but they were really in the transportation business. The record labels think they're in the record business but they're really in the entertainment aggregation business. The record labels aggregated musicians for customers and customers for musicians, and this convenience will break down as the artists take their catalogs back. Who wants to go to Eagles.com, Kansas.com, NIN.com, etc.? Everyone wants to go to one site -- iTunes or Amazon (and we don't want them to be monopolies, either). I hope the artists realize this and go for multiple distribution channels.

      --
      If all this should have a reason, we would be the last to know.
    25. Re:Nothing to see here, move on by Anonymous Coward · · Score: 1, Insightful

      Not really the next best thing - this is just one gang of millionaires getting stuff from another gang of millionaires, when the stuff in question should already be public domain. The Eagles can lobby Congress for perpetual copyright just like the *IAAs can.

    26. Re:Nothing to see here, move on by Dotren · · Score: 5, Insightful

      Valid point and it's a tricky argument. Obviously it is nice to be able to take care of your family in the event of a tragic situation occurring.

      How about the estate gets the copyright for the duration of the original copyright? Lets use the 14 year copyright the GP mentioned.. if the artist dies ant there are still 9 years left on the copyright then the estate could retain the copyright for 9 years. If there is only 5 months left then the estate only gets the remaining 5 months.

      This way, the copyright is honored to it's entirety and the estate benefits, assuming the copyright hasn't expired already. True, it would suck if the copyright only had a month left on it and the holder died and didn't leave much for his/her estate but that could be chalked up to bad planning (for emergencies) as the copyright has already payed out as much as it was ever going to.

      Much of anything more, I'm afraid, could be easily abused (as it has been already). We could use the argument that there should be an extension so the family can continue being supported... but then what if a corporation gets the copyright.. just think of all the people working at the corporation and their families....

      Copyright should not be a retirement plan.. not for the artist and not for their estates or corporations.

    27. Re:Nothing to see here, move on by smallfries · · Score: 4, Insightful

      it sounds like you ... care about any copyright protection they have

      Do you see what selective quoting is capable of? Kind of like how you removed the section about him being happy to pay directly for their copyrighted works....

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    28. Re:Nothing to see here, move on by Scrameustache · · Score: 3, Insightful

      All us "pirates" that refuse to pay for music that goes to fund lawsuits against music lovers could theoretically then go and buy music from the Eagles

      That depends, are they theoretically offering quality MP3/Ogg/whatever, or is it gonna be RealMedia DRMd crap? Because one of these things is not like the other.

      --

      You can't take the sky from me...

    29. Re:Nothing to see here, move on by Misch · · Score: 4, Interesting

      Ever hear of an estate? Where the assets, such as copyright grants, have value which the deceased's will can direct to benefit the surviving family members? So a hard-working artist who dies too young can still take care of his family?

      Part of the problem that came out of Eldred v. Ashcroft is that the Supreme Court (for some reason) found that the retroactive copyright term extension somehow induced content creators to create more works.

      In reality, this is wrong. When you create a work, copyright attaches to the work. You follow the social contract, you know your work is protected for a certain period of time, and then it enters the public domain. The extension does nothing for what I might do in the present. The new social contract for new works might entice me to create new works, but the retroactive extension did nothing.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    30. Re:Nothing to see here, move on by mweather · · Score: 4, Insightful

      Too young? We're talking 35 years. Unless he was writing as an infant, you're looking at a minimum age of ~50 if he died after the copyright expires. Since when is 50 "too young"? If, at 50, you haven't provided for your family in case you die, you probably never will. If in 35 years of marketing your creation you can't make it worth your while, it never will be worth your while.

    31. Re:Nothing to see here, move on by rve · · Score: 1

      I don't personally have a problem with them continuing to have copyright protection, but really the moment the last of them is dead, it should go to the public pretty soon after.

      If you're going to tie copyright to the death of the artist, please make it a couple of decades after the artist's death, otherwise it would be a strong incentive for exploiting an artist's death, or even for murder.

      I'll gladly pay for legal ways to watch TV shows online. I don't want to wait 2 years for it to be released on DVD, I don't want to drive to the video store to get a scratched piece of plastic covered in suspicious stains and I don't want to have to return said piece of plastic. For this convenience, I'm even willing to pay as much as for a DVD rental despite the vastly lower overhead costs.

      Alas, the studios will not allow services like that outside the US, Canada and sometimes the UK.

      Licensing content by region doesn't make sense on the internet. License it by number of users instead, perhaps?

    32. Re:Nothing to see here, move on by Omestes · · Score: 4, Insightful

      So artists are the only ones to get a government enforced and mandated estate? When I, or anyone else who isn't dealing with eternal copyrights, die my estate will consist of my assets and savings, minus debt. When an "artist" dies, their estate is assets and savings, plus a government mandated money tree. There is nothing saying "artists" can save up money and leave it to their children just like the rest of us. I don't see why "saving money" is an onus that "artists" should be saved from?

      Also, this is a bit of a misnomer, since most of these "artists" copyrights are not making money for their children, they are making money (for all eternity) for large corporations that had nothing to do with creating music in the first place.

      Does Arkham House (for example) really deserve to have the rights (and thus get a cut) of most of H.P. Lovecrafts works? Why the hell did they do to deserve such an eternal money maker?

      Personally I think copyright should be limited to the life of the "artist", and completely non-transferable. And if you opt out of the non-transferable bit, it should be a flat, non-renewable, 30 years. I know this will never happen, so in the spirit of compromise I like the idea of a 15 year copyright, with one free extension, and after that all extensions cost a rising amount of money (based on the market value of the property).

      We forget that copyright was not created (at least in the US) for the good of the artist, but for the good of the public.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    33. Re:Nothing to see here, move on by Casca · · Score: 2, Interesting

      Possibly, however trying to wring every last cent out of their fans based on a simple supply/demand model might not work out too well in the long run. There are a lot more choices out there, so if the fans get the feeling they're just a bunch of dollar signs, and that the band is in it just for the money, demand might dry up. Keeping the price lower could keep demand higher by helping to sustain their popularity and keep the fans around longer.

      --
      Casca
    34. Re:Nothing to see here, move on by domatic · · Score: 1

      I wouldn't call it ear rape but I surely got tired of their top-40 hits years ago. But then the sad state of American broadcast radio is another rant entirely.

    35. Re:Nothing to see here, move on by thePowerOfGrayskull · · Score: 3, Insightful

      it sounds like you ... care about any copyright protection they have

      Do you see what selective quoting is capable of? Kind of like how you removed the section about him being happy to pay directly for their copyrighted works....

      THere's a huge gap between saying "I will pay for this music if I like who is selling it, otherwise I shall take it." and saying "I do not like who is selling this music, therefore I shall do without."

      Whether or not he is happy to pay directly is completely irrelevant. If he truly respected the copyright he claimed to be in favor of, he would not be "pirating" at all -- it's not a conditional kind of thing.

    36. Re:Nothing to see here, move on by Knara · · Score: 3, Informative

      That's because the performance recording is copyrighted, not the source material itself. Subtle, but important, difference.

    37. Re:Nothing to see here, move on by JustOK · · Score: 1

      Many of them died? Two. Two died. Two is not many.
      Well, it's 50%.

      --
      rewriting history since 2109
    38. Re:Nothing to see here, move on by Knara · · Score: 4, Insightful

      Whether or not he is happy to pay directly is completely irrelevant. If he truly respected the copyright he claimed to be in favor of, he would not be "pirating" at all -- it's not a conditional kind of thing.

      QFT. The alternative to buying music is not "I take it anyway because I want it, BUT I RESPECT COPYRIGHT AND ARTISTS". It's "I didn't buy it because I don't like it."

      The folks who espouse the former are just rationalizing their desire for free stuff, but hedging their bets on peoples' perception of them by saying "but I respect the artists, it's just those mean record labels!"

    39. Re:Nothing to see here, move on by Khyber · · Score: 3, Interesting

      This is why early music adopters rarely lose out.

      I own all of the Eagles works, on vinyl, unopened.

      Bet that would sell for a shit ton more money than any collection of remastered CDs or MP3s.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    40. Re:Nothing to see here, move on by Knara · · Score: 1

      We forget that copyright was not created (at least in the US) for the good of the artist, but for the good of the public.

      It was created to balance both. Our idea of copyright is derived from the English concept (as was most of our legal system), which switched from he publisher had all the rights, to the creator had all the rights. See: Statue of Anne

      As for your comment about "estates" and money trees, I fail to see how an estate with a copyright portfolio is any different than an estate with a stock portfolio. Both can result in money streams long after the death of the person whose name the estate bears.

    41. Re:Nothing to see here, move on by Khashishi · · Score: 1

      That got me thinking that estates and inheritance allowance should depend on factors such as age of the recipient and the relationship to the benefactor. In particular, if the recipient is a minor and the benefactor is his/her parent or guardian, then it makes sense to allow the heir to hold the copyright for a while ( 20 years). But, if the recipient is an adult of 40 years, then he/she really shouldn't need it. IP assets should go to the public domain, and non-IP assets should be heavily taxed, unless donated to charity. Life plus 70 years is just bullshit.

    42. Re:Nothing to see here, move on by Khyber · · Score: 2, Interesting

      "whenever I hear Hotel California come on the radio it feels like someone is raping my eardrums."

      Well then, turn the treble down FFS! It's supposed to be reminiscient of a harpsichord in the beginning of the song, of course the steel guitar fails miserably at that because there's just not enough internal room for sound development inside the small guitar body, so of course it will sound like that.

      Also, that only sounds like that on the remastered/re-released Hotel California. On the original vinyl, the treble is much less powerful, so it sounds softer.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    43. Re:Nothing to see here, move on by jbengt · · Score: 3, Informative

      RTFA
      No copyrights are being terminated, only the assignment of them to the recording labels is being terminated. The copyrights will revert to the original authors/composers/recordists (if the proper paperwork is filed)

    44. Re:Nothing to see here, move on by BrokenHalo · · Score: 1

      The orchestra's copyright is subject to the same kind of agreement as any other band's. I see no reason why an orchestra should not be able to reclaim its work just as much as the Eagles.

      Actually, this is a situation I'd quite like to see. There are quite a few very fine musicians who sell their music directly (OK, here's a good example: Jacob Heringman) who apparently seem to survive. I wouldn't be heartbroken if the big recording labels lost a few dollars of revenue. If their investment in recording and marketing hasn't paid off in 30 years, then too bad. They have had a ride on the musician's back for long enough, and the time has come when they're just going to have to re-evaluate their business model as independent recording and production becomes more affordable.

    45. Re:Nothing to see here, move on by Dare+nMc · · Score: 2, Insightful

      When an "artist" dies, their estate is assets and savings, plus a government mandated money tree.

      IP seams to be treated like any other asset, just like a business, farm land, collectibles, etc. IE it has a present value, some expected return that is not guaranteed, just like any other asset.
      The beetles are a good example, they created a business to hold the rights to their albums, so that the revenue wouldn't be taxed as income (lower than the 90% tax rate), but @ capital gains.
      If it ceased to have value the day a artist died, then the value of that asset would be greatly reduced, thus greatly reducing the value to the artist. It is very unlikely they could have gotten $47.5 million for this "IP" business if the assets could disappear overnight, it is even more unlikely that older artists, or those with shorter lifetimes would get much investment interest (IE a publisher) without some minimal time frame.

    46. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Nobody's talking about COPYRIGHT termination here! It's the LICENSE of copyright to the publishers that's ending. The copyright still exists and be held by the original artist. Get it??

    47. Re:Nothing to see here, move on by Nerdposeur · · Score: 3, Insightful

      If you buy music as an investment, it's likely that you're also buying stuff that never becomes valuable. What's your average return rate? Is it better than the stock market? If so, I salute you.

      In any case, this is irrelevant to most people, who buy music to listen to, not to resell.

    48. Re:Nothing to see here, move on by Rob+the+Bold · · Score: 1

      it sounds like you ... care about any copyright protection they have

      Do you see what selective quoting is capable of? Kind of like how you removed the section about him being happy to pay directly for their copyrighted works....

      THere's a huge gap between saying "I will pay for this music if I like who is selling it, otherwise I shall take it." and saying "I do not like who is selling this music, therefore I shall do without."

      Whether or not he is happy to pay directly is completely irrelevant. If he truly respected the copyright he claimed to be in favor of, he would not be "pirating" at all -- it's not a conditional kind of thing.

      As long as it's OK to put words in others mouth through selective quotation and specious interpretation, then I'd say you favor a "copyright tax" on all consumers, based on income and in addition to prices paid for physical and downloaded recordings to make up for "piracy losses". I'm also pretty sure you did not chop up and eat a baby in 1999, despite what others may say.

      --
      I am not a crackpot.
    49. Re:Nothing to see here, move on by oldspewey · · Score: 1

      Indeed, because it you're buying to listen as well as to resell you have to buy the same music twice: once to open and put on the turntable, and once to leave sealed in a darkened comicguy vault.

      Be sure to adjust your calculated rate-of-return accordingly.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    50. Re:Nothing to see here, move on by Nerdposeur · · Score: 1

      Voting doesn't work if there are too many stupid/ignorant voters.

      Of course the "stupid/ignorant voters" are always "those other people." You know, the ones who disagree with us. For reasons that aren't valid... to us.

      Hey, you know, it's hard to tell whose reasons are valid, isn't it? Maybe we should vote on it.

    51. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      I agree. lets extend that everywhere.
      The minute you get hit bya bus, the state should take your family home and throw your wife and kids out in the street.
      Deal?
      After all, you seem to think that someone's lifes work is timeless if its invested in bricks and mortar, but worthless and temporary if its invested in anything encoded digitally.
      Talk about indefensible...

    52. Re:Nothing to see here, move on by Keill · · Score: 1

      There is of course one thing you can do with music - use software instruments and MIDI parts. I have quite a collection of Bach organ pieces I ran through a couple of pipe-organs on my DAW.

      --
      'Stupidity is an often fatal disease' - R. A. Heinlein
    53. Re:Nothing to see here, move on by PitaBred · · Score: 1

      And that's how it should be. I boycott all pro sports teams, as their ticket prices are rapacious and the product is relative shit, especially compared to minor-league teams. But they still make money hand over fist.

    54. Re:Nothing to see here, move on by BoberFett · · Score: 1

      Strawman? Check.
      Anonymous Coward? Check.

      Nobody is talking about taking away anybody's home. A home is physical property.

      Does my company continue to pay my salary to my wife if I got hit by a bus? No, that's why people have life insurance. Don't musicians purchase life insurance?

    55. Re:Nothing to see here, move on by SuperMonkeyCube · · Score: 1
      Doesn't the laissez faire capitalism model dictate that they do exactly this? With the threat of new bands forming at any time, demand for their product could inexplicably dry up at any moment.

      Fine, yell "Poe's Law" and "shenanigans".

      Honestly, I think bands would do well to provide quality service to fans, insuring that they still have fans. If musicians felt like they worked for their fans instead of the record company, there might not be such a disconnect between their actions and the economics of it all. If a band has a sufficient following on their website, why shouldn't they sell it there? Andy Partridge and Thomas Dolby are niche markets at best, but they're able to provide things now to their fans direct from their website that no record company executive would ever consider. Sure, it's not as convenient as iTunes or Amazon, but the crazy dedicated fans that every artist really wants are probably going to the band's website anyway.

    56. Re:Nothing to see here, move on by MozeeToby · · Score: 2, Interesting

      How about the original copyright or 5 years, whichever is greater. So if the original, unextended copyright was set to expire in 3 months, the family could apply for the extention but would get only a 5 year extention. That gives the family plenty of time to arrange their finances (even enough time to get a degree and search for a job if that is necissary). I find that better than just saying tough tooties to the family.

      On the other hand, ideally what I would like to see is sane limits to begin with. How about a single 20 year copyright. No extentions to worry about, no orphaned children. Also, legislate it such that if the length is extended by law in the future, the current rules apply for all works created up until that law passes. Lord knows the content owners would demand the reverse (if the length was shortened they would want to be grandfathered in with the old limit).

    57. Re:Nothing to see here, move on by AK+Marc · · Score: 1

      As for your comment about "estates" and money trees, I fail to see how an estate with a copyright portfolio is any different than an estate with a stock portfolio. Both can result in money streams long after the death of the person whose name the estate bears.

      Because copyright exists in the US solely to promote creation. The dead artist can no longer create. So any protections after the death of the artist are unconstitutional. So the unconstitutional artificial monopoly is different from the actual real ownership in a company.

    58. Re:Nothing to see here, move on by 5KVGhost · · Score: 1

      Ok. But what sort of "innovation" has the artist been doing on a work from 40 years ago? Why should anyone, artist or publisher, be given exclusive rights to something they created so long ago? And why should their heirs have anything to do with it?

      Arguably, the artist in this situation has been even less innovative than the publisher. If a publisher has kept a given work in print for, say, 30 years, then they've at least made the work available during that time, probably in multiple formats.

      Copyright just lasts too darn long. And there's no reason why heirs should be included at all.

    59. Re:Nothing to see here, move on by Knara · · Score: 1

      You will note that even in the days of the original US Copyright Act, if someone publishes a work and then immediately dies, their estate will still get proceeds from that work.

      Additionally, the whole point of copyright *was* to create a Constitutional artificial monopoly.

      You need to do more research on the history of copyright, as you apparently lack knowledge in the area.

    60. Re:Nothing to see here, move on by Mister+Whirly · · Score: 1

      Tickets were $500 last time they played in my town. I would never pay that amount to see any band, no matter who it is. I seriously doubt that the Eagles set the actual ticket price, but when promoters are paying them over a million as a guarantee for each show, the ticket price is set pretty high.

      --
      "But this one goes to 11!"
    61. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      That's why I find it really funny how some people can think that voting doesn't work

      That IS funny. Why, I can't possibly think of why it's pointless to vote an-

      Voting doesn't work if there are too many stupid/ignorant voters.

      Oh, right, THAT! That thing, that y'know... is happening EXACTLY RIGHT NOW EVERYWHERE THAT INVOLVES VOTING. Right, right, I guess that's why right now, voting is pointless.

      Way to contradict your own point.

    62. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Similar to "boycott this game" because features were added / removed that people didnt like.

      Here is the Modern Warfare 2 Boycot group and taking careful notice to that image, you see many of them are playing the game they are boycotting.

      I found that link on Cad comic's website on Friday, and it definitely fits the bill. The comment I thought resonated the most with the "voting with your wallet" theme -

      Though let's be honest for a second... that boycott group could have had two, three, even four-hundred thousand stick-with-it members... in the face of nearly five-million games sold in a single day, that's still a drop in the bucket.

      While I agree that voting with your wallet will work, it fails when you see so many people claim to resent the product and buy it anyways. That just tells these companies that, next time, dont use the lube.

    63. Re:Nothing to see here, move on by jonbryce · · Score: 1

      Of course. But this is the reason why you see the works of Shakespeare sold by multiple publishers, but you don't see "Beethoven's 5th Symphony performed by the BBC Philharmonic Orchestra" sold by multiple publishers.

      When the BBC's copyright in their recording reverts to them, they will likely use it as a negotiating tool to get higher royalties from the sales of their recording, either from the existing publisher or a new one.

      Now of course Beethoven's 5th Symphony became public domain a long time ago, so lots of different orchestras do their own cover versions of it without having to pay royalties to anyone, and some amateur orchestras put their version of it on youtube and it is perfectly legal for them to do this.

    64. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      So you think the Eagles are just a bunch of rubes who won't do anything to protect their copyrights?

    65. Re:Nothing to see here, move on by not+flu · · Score: 1

      Only the ORIGINAL sheet music is in the public domain. Any sheet music that people actually use is not.

    66. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      How does this "promote the progress of the Arts and Sciences"? The artist is dead. He's not creating any more. Granting copyright beyond that doesn't serve the original purpose.

    67. Re:Nothing to see here, move on by m.ducharme · · Score: 1

      Boycott? Really? I just don't buy tickets. The essential difference being that I don't think the pro sports teams have any moral obligation to provide me with first rate entertainment.

      These threads are filled with people who seem to think that they are entitled to top quality entertainment at very little or no cost. The sad thing is that many of these same people don't believe in entitlements like a living wage, a well-funded welfare system or more topically, universal health care. So why do people feel they deserve cheap concert tickets, but not a cheap place to live? Or food to eat?

      Anyway, PitaBred, I'm not intending to slag your post, you've said nothing objectionable. It was just that particular word, and the tone of so many of other posts that I've read, that set me off on a rant.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    68. Re:Nothing to see here, move on by CrashNBrn · · Score: 1
      The 33 LP has proven to be collectible in some cases. This has much less to do with some esoteric benefit to being an "early music adopter" than the fact that some artists content as an original LP has become collectible.

      I'm pretty sure the same cannot be said of "early adopters" of original works released on 8-Track, Cassette or even CD's (discounting rare limited/special editions).

      Comic's were a collectible format at one time as well and experienced a huge inflation of value in the early/mid 90s. This value quickly disappeared less than 10 years later; you'll find many of these books in 0.50c discount bins now and for the most part only the classics from the 30s thru to the 60s have retained any collectible value.

      Is this some new (or old?) kind of Music Fan I've never heard of before?

      I'm the Eagles greatest fan: I have all their original LP albums (unopened), and haven't listened to a single one.

    69. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      What a stupid argument. Copyright law exists to promote creation. The holding of an individual copyright is payment for past work, not an advance on future work. And 'the benefits of my doing this work pass on to my heirs' is quite a bit more incentive than 'the benefits die with me'.

    70. Re:Nothing to see here, move on by yurtinus · · Score: 1

      Eh, only time I spent more than $100 on concert tickets it has been for multi-day festivals. Like you, I don't understand why anybody would fork over that much cash to see a single band a single evening, but apparently people are willing to do it. More power to them I suppose. I can't personally fault them for what they charge for concerts. I *can* (and do) sit back and hope the concert is a flop with no attendees, but it seems folks are willing to pay.

      What *really* irks me is trying to see a concert with a nominal 30-60 dollar ticket price, finding the tickets are sold out, then finding vast swaths of the same damn seats available through third party "premium" resellers at ridiculous markups. Most often those several hundred dollar tickets are due to these resellers, not the initial cost at the venue. This practice has turned me off to concerts in general.

      --
      +1 Disagree
    71. Re:Nothing to see here, move on by Volante3192 · · Score: 1

      True, the notes and additional marks are public domain. I wasn't sure what termonology to put there at the time.

      (I.e., "eighth pause, 3 eighth-note Gs above middle c, half-note e-flat above middle c with a fermata" is public domain as far as the opening bar of Beethoven's 5th is concerned, but how it's represented in print is copyrighted by the author.)

      Long story short, the 'what' is public domain. The 'how' may not necessarily be.

    72. Re:Nothing to see here, move on by PitaBred · · Score: 1

      Boycott? Really? I just don't buy tickets.

      Try reading up on what boycott means. It means exactly what you said... don't buy their products. I also tell people WHY I don't (like in my original post), which is "coercion", but the fact remains that you are boycotting the NFL as much as I am.

      I'm not "entitled" to top-quality entertainment. But what I (and many others) see is a complete disconnect between the cost to produce and the cost to buy. This is because of the laws that are enacted (copyright) that unfairly tilt the economy in favor of the industry that controls entertainment and therefore, culture. It's a distortion of the market. Living wages, welfare and universal health care are also distortions of the market... they prop up the people who are not contributing to society from the fruits of the people who are. That's not to say that those are bad things to do, I'm just pointing out that the viewpoints are compatible when you're looking at it from a libertarian standpoint. Both are instances of the government legislating the benefit of one person at the expense of another. And when you factor in the abuses of emergency rooms, welfare and "living wage" rates driving businesses into bankruptcy when applied improperly, there's an understandable backlash against funding more of the same.

    73. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      It would be nice if IP protection for things like medicine, food, probably software code, was considered separately from entertainment on this site.

      There are so few artists that visit this site, and so few people here have any idea what they're talking about when it comes to copyright on artistic works.

      As a musician and hopefully someday a published novelist whose been in corporate IT for the last 15 years. these discussions here always remind me of sitting in a room filled with end users, listening to them tell the IT folks how things should work, when they themselves can barely boot up their own systems.

      If you don't do a thing you most likely do not know a thing. I hope that doesn't come across as rude, I'm just trying to point out that many people here have strong opinions on somethings they may not really understand.

    74. Re:Nothing to see here, move on by Mitreya · · Score: 2, Interesting
      Personally I think copyright should be limited to the life of the "artist", and completely non-transferable.

      I understand the reasoning you have, but you are wrong. This has been discussed ad nauseam. You don't want to create a situation where artists living or dying has such a grand financial effect. Imagine if someone (say, a competitor) had a financial incentive to kill your top performing artist(s) and put you out of a business overnight? Suppose you sign a singer up for 5 albums and while they are working on their 5th album they are killed and their previous 4 albums that you had automatically lose their commercial value by going out of copyright? Really?

      Your transferable but not renewable system makes sense, however.

    75. Re:Nothing to see here, move on by Omestes · · Score: 1

      IP protections for the things you listed are separate, they exist on patents, whereas entertainment exists in the realm of copyright. Both systems are broken, but patents at least approach reasonable. Hell, most of us would be happy if copyright and patents had the same terms and conditions.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    76. Re:Nothing to see here, move on by GasparGMSwordsman · · Score: 1

      Voting doesn't work if there are too many stupid/ignorant voters. Whether it's voting with wallets or with ballot boxes.

      Actually, the "too many stupid voters" got exactly what they wanted... Sounds like voting works pretty well to me.

    77. Re:Nothing to see here, move on by syousef · · Score: 1

      selective quoting is...about...being happy

      --
      These posts express my own personal views, not those of my employer
    78. Re:Nothing to see here, move on by m.ducharme · · Score: 1

      Regardless of what "boycott" denotes, there is a common connotation of that word that implies the boycotter is taking a moral position. You may or may not eat sweets or candy or what have you, but when someone says they're "boycotting Nestle" they don't mean that they're just not eating their products, that person means that Nestle is evil and they won't get any of that person's money until Nestle stops being evil.

      Your argument with regard to the cost of entertainment is only true so far as the price of the entertainment is artificially propped up: RIAA-affiliate record companies = gross market distortion, while a band selling their own concert tickets probably represents the least distortion. Pro sports falls somewhere in the middle (on the one hand, there are lots of alternatives available, while on the other, many pro sports teams are subsidized by municipal governments). Also, in the free market, prices aren't determined solely by the production cost of a product, but by the marginal cost of the product, subjective value that the buyer places on that product, and other values. Charging more than the cost of production isn't in itself interfering with the market.

      The difference between these things is that when the RIAA or the NFL interferes with the markets, the only people who win are the RIAA or the NFL. When governments interfere with the markets with social programs, everyone wins (well, everyone is supposed to win). So for example your taxes may go up because of the cost of public education, you benefit because you live and work in a society with better-educated and more productive people.

      But folks act like the right to entertainment is more valuable than the right to education, despite the fact that no great harm will come if you can't get free music or cheap football tickets. If interfering with the market will bring down the price of a ticket, they're all for it (see the above-mentioned arena subsidies). My point was that people will encourage interference in a market if it means they get cheap tickets, but not if it means that the people around them will be better-educated, or healthier, or less likely to commit crimes. It's not libertarianism itself that's bothering me, but people who claim to be libertarians, but also seem to want to socialize football, or music concerts.

      Anyway, again, I have to reiterate that this doesn't apply to you, you just happened be the recipient of my venting. Sorry.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    79. Re:Nothing to see here, move on by element-o.p. · · Score: 1

      Too young? We're talking 35 years. Unless he was writing as an infant, you're looking at a minimum age of ~50 if he died after the copyright expires.

      Ever hear of Silverchair? They were only 15 when they recorded their debut album, which would make them 40 when copyright expires. Because my stomach isn't that strong, I won't even mention Hansen or Chris Cross (oops...I just did!) :D

      Still, you're probably right...35 years is a lot of time to gather a nest egg.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    80. Re:Nothing to see here, move on by element-o.p. · · Score: 2, Insightful

      So artists are the only ones to get a government enforced and mandated estate?

      No. Anyone engaging in any kind of creative work, from musicians to authors to painters to film makers, are given copyright protection. If you happen to be more technical than artsy, you still have hope in the form of patents. Furthermore, once you get out of minimum-wage employment, most 9-5 jobs have some kind of retirement plan with payouts to your estate after your death, as well. It may not be as good a payout as Bono or Brittney Spears will get, but...well, they are part of the minority that rolled the dice and won.

      Also, this is a bit of a misnomer, since most of these "artists" copyrights are not making money for their children, they are making money (for all eternity) for large corporations that had nothing to do with creating music in the first place.

      Not entirely. The corporations are essentially a marketing vehicle for artists who have more ability to sing/play an instrument/create a film/whatever than to sell themselves directly. If you take away the whole **AA lawsuits over P2P networks, I don't really see the difference between labels and venture capitalists investing in bright, young technology entrepreneurs who got a great idea, but didn't have the resources on their own to reach the market.

      Does Arkham House (for example) really deserve to have the rights (and thus get a cut) of most of H.P. Lovecrafts works? Why...do [they]...deserve such an eternal money maker?

      Invest in publishing Lovecraft's works, perhaps? Lovecraft wrote waaaay back before the dawn of the Internet. In his era, he would have had a hard time reaching the audience he has reached with a publisher to market his works.

      Ultimately, no one forces any artist to go to a label or publishing house with their content. They do it because, despite /.'s bias against the **AA's (and I admit, their tactics are rather deplorable), the labels and publishers are still providing value to the artists. And the public continues to purchase content from the labels and publishers because they are still receiving value as well. As long as that holds true, the labels and publishers will continue to exist.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    81. Re:Nothing to see here, move on by Anonymous Coward · · Score: 1, Insightful

      Seems sensible, but consider: copyright is not life insurance. It doesn't exist for that reason.

    82. Re:Nothing to see here, move on by Celandro · · Score: 1

      and 15 + 35 is?

    83. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      RTFA

      No copyrights are being terminated, only the assignment of them to the recording labels is being terminated. The copyrights will revert to the original authors/composers/recordists (if the proper paperwork is filed)

      and we all know that the record labels wouldn't even lift a finger to file that paperwork without orders signed in triplicate, sent in, sent back, lost, found, queried, hidden from public inquiry, lost again, and finally buried in soft peat for three months and recycled as firelighter. On no account should you allow a record label to spout piracy stats to you.

    84. Re:Nothing to see here, move on by spire3661 · · Score: 1

      Wow really? There IS a point where its just too much, not everyone has the corporatist mentality of scraping out every last penny they possibly can. it IS ok to leave money on the table Try to remember you are a human being and that wealth at that level is FAR beyond what you need to ever just survive, so why take more just for the sake of taking more?

      --
      Good-bye
    85. Re:Nothing to see here, move on by pnutjam · · Score: 1

      How about some convoluted rules discussed only in the vacuum of Slashdot that would ultimately be fair, but would also take a flow-chart the size of Texas to understand...

    86. Re:Nothing to see here, move on by bws111 · · Score: 1

      Why do people on here have such an obsession with 'cost to produce'? If you want to minimize the value of human achievement (whether muscle power or brain power), the only thing that truly has any value is land (in both the surface area and mineral composition senses). Do we really want to go back to a world where the landowners are the only ones who have anything? Most people would say no, so we do attach value to human achievement, and that value is expressed as money. Of course, wherever you have money you have unscrupulous people getting involved, so unfortunately we need laws like copyright.

      Now, please explain how the government is legislating benefit to one person at the expense of another (in regards to copyright). It seems to me that copyright is ensuring fairness: you get entertained (a benefit to you), the entertainer gets paid (a benefit to him). I don't see a tilt to one side or the other there. Where there is a very strong tilt is in the 'you get entertained, the entertainer gets nothing' scenario. If you don't think the benefit to the entertainer is worth the benefit to you, fine, don't use that particular entertainment. If enough people do that, the value of the entertainment (and it's price) will fall, the entertainment will change to become more valuable, or that particular entertainment will just vanish (if it has no value, who cares). Somehow the anti-copyright people always try to make it seem like somehow copyright laws are forcing them to buy something they don't want, which is just nonsense.

    87. Re:Nothing to see here, move on by element-o.p. · · Score: 1

      Awww, crap. Should have had my coffee before posting on /. this a.m. </facepalm>

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    88. Re:Nothing to see here, move on by zerocool^ · · Score: 1

      I find that better than just saying tough tooties to the family.

      Not that I disagree with you (I don't) but someone should point out that, if I die, nothing that I do will go on to feed my family. That's why I have *life insurance*.

      Why do artists deserve more?

      --
      sig?
    89. Re:Nothing to see here, move on by cayenne8 · · Score: 1
      "The orchestra's copyright is subject to the same kind of agreement as any other band's. I see no reason why an orchestra should not be able to reclaim its work just as much as the Eagles."

      I just hope the Eagles remember to give a fair cut to Don Felder ....who they screwed big time.

      Ever since they let him go...I just don't pay much attention to the Eagles anymore...he was a HUGE part of their guitar sound on their best years.

      Well, at least he was a full Eagle...not a paid employee like Timothy Schmidt and Joe Walsh...so I'm guessing he will start to get more money out of this too.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    90. Re:Nothing to see here, move on by AK+Marc · · Score: 2, Informative

      You told me nothing I didn't already know. I'm curious how you know what I don't know? Can you read minds?

      You will note that even in the days of the original US Copyright Act, if someone publishes a work and then immediately dies, their estate will still get proceeds from that work.

      I know. When you can explain to me how that encourages people to create, then you'll have argued for its constitutionality. Short of someone creating works after being found to be terminally ill, I can't see how it would have any bearing at all on promoting the arts and sciences.

      Additionally, the whole point of copyright *was* to create a Constitutional artificial monopoly.

      You are both right, and 100% wrong. "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;"

      The "point" as you put it, is to promote the progress of society by getting works into the public domain. Period. That's the point. The "how" is what you are stating is the "point." Personally, I see the word "point" as being synonymous with "goal." The goal of copyright is most definately not to create monopolies. That's the means to the end. The point, the goal is to promote art and science. If copyright doesn't achieve that goal, then it is unconstitutional/illegal.

      You need to do more research on the history of copyright, as you apparently lack knowledge in the area.

      A difference in opinion doesn't mean I don't understand. I understand your point, and think you are wrong. You are so blindly sure of yourself, you assume that I don't understand because if I did I could only think like you. That's not the way it works. I understand the context. And I disagree with you. Perhaps you should actually read the Constitution, rather than go off what the copyright holders and those who've taken direct payments from them think about it.

    91. Re:Nothing to see here, move on by mshannon78660 · · Score: 2, Informative

      Does Arkham House (for example) really deserve to have the rights (and thus get a cut) of most of H.P. Lovecrafts works? Why the hell did they do to deserve such an eternal money maker?

      Uh, yeah, they do deserve it. Arkham House was created by August Derleth, who was a friend of HP Lovecraft, and was a more financially successful writer. He didn't do it to make money, in fact he said (in 1970)"[T]he fact is that in no single year since its founding have the earnings of Arkham House met the expenses, so that it has been necessary for my personal earnings to shore up Arkham House finances."

    92. Re:Nothing to see here, move on by BranMan · · Score: 2, Insightful

      I don't want to seem cold-hearted here, but why doesn't this artist just buy some life insurance like the rest of us?? I mean c'mon people - that's what it's for!

    93. Re:Nothing to see here, move on by Knara · · Score: 1

      The Constitution is only the beginning (or, more properly, an early chapter) of copyright in the western world.

      Unless you're going to be a strict constructionist, which is also insanity, you need to consider the history of interpreting the US Constitution, by people far smarter than either of us, and how Congress has chosen to embody those directives.

      We will apparently need to agree to disagree, however, when you say

      When you can explain to me how that encourages people to create, then you'll have argued for its constitutionality.

      you must realize that the test for constitutionality is that it provides a limited monopoly for a "limited time", which is *how* the authors decreed the "goal" as you say, would be achieved, and left it to Congress to decide the proper length. There is no mechanism, short of a constitutional amendment, that can change the "process" by which the "goal" is attained.

      Congress,and the courts, have repeatedly decided that the "limited time" is not what you think it should be. Since the authors did not specify "only if people are still living" and that the original 14 years was a matter of an Act of Congress, not in the Constitution, AND the trend for copyright length has been traditionally to increase the length, and the fact that increasing length wasn't considered onerous until very recently when, AND seeing as I happen to agree that IP shouldn't be considered different for the purpose of estate planning, you and I will never agree on this point.

    94. Re:Nothing to see here, move on by Fulcrum+of+Evil · · Score: 1

      When did Beethoven ever publish something under copyright?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    95. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Good point clarification, and an important one.

      One of the the chief things to convey to the labels then is the culture shift of the day : Most people do *not* care about copyright, nor respect it, and that will not change via PSA ads or any other of the typical means. This is not going to change easily, if at all.

      They do tend to be careful of legality though, but mostly in terms of the consequences, aspect, which means that as long as they don't think they'll get caught, piracy will be rampant. This is the battle that the labels have been fighting for a while, and in doing so, furthering the anti-copyright sentiment, and as long as there is any sort of way to be anonymous, and there is, they'll lose this.

      The final bastion that I see is the respect for the artist, and a will to support. This is something many believe in, and do try to support where they can. This is what the labels need to realize and focus on. However, in the former two fights that the labels are insistent on fighting, they ignore this, and worse, they continue in their earlier practices which are not seen as been artist-favouring. End result? The label is seen as the baddy here too, and a convenient excuse for the slide on the first.

    96. Re:Nothing to see here, move on by blackraven14250 · · Score: 1

      I think the main reason it would be hard for an orchestra is the difficulty in getting everyone involved in the performance to sign the notice.

    97. Re:Nothing to see here, move on by Bitmanhome · · Score: 1

      You're overcomplicating things, an "estate" isn't necessary at all. Pretend I'm an artist. I want to live fast and die young. But I can't do that if it takes 70 years for all my money to come in. So instead, I sell the copyright in its entirety to a corporation. Those are run by stuffy men is business suits, and they love thinking long term. They'll give me a wad of money up front so I can get on with partying, while they take care of the boring business of actually making the money for the next century.

      These goofy laws make it very hard to do this, because now nobody know who owns the copyright. Maybe it lasts 50 years, maybe 100, maybe it reverts to someone else, maybe the government gives them all to China. It's unfair to me when I sell my copyright for 50 years worth of profit, and you extend it to 100. It's unfair to corporations when I sell my copyright for 50 years but yank it back after 35. You need to pick a term and stick with it.

      I'm getting too old to die young.

      --
      Not that this wasn't entirely predictable.
    98. Re:Nothing to see here, move on by blackraven14250 · · Score: 1

      Whatever The Eagles feel like, of course. It's really in their hands at that point, and if they decide on DRM, I'd take it as better than if it had been the record company's blanket decision, even though I still don't agree.

    99. Re:Nothing to see here, move on by SETIGuy · · Score: 1
      Exactly why should the families of artists get a benefit that the families of, say, bricklayers do not?

      If I record a song, what right do my heirs have to perpetual income from my work? If the purpose of copyright is to encourage people to produce works, how does enabling those who do not produce to profit from the works of their ancestors help?

    100. Re:Nothing to see here, move on by Khyber · · Score: 1

      Average return rate is around 4,000%.

      The price sticker on these albums is Twenty-Five cents.

      Adjust for inflation, etc, etc, and I'm still looking at well over 20,000% profit margin on these Eagles albums.

      A friend has the black sabbath painted album, unopened. ten cent price tag. I'll guarantee you it's worth a quarter-million, EASY.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    101. Re:Nothing to see here, move on by Khyber · · Score: 1

      Most smart vinyl owners purchased doubles of their albums. First they'd dub to tape, then put the original album back in the sleeve and on the shelf. After the tape wore out or was accidentally de-magnetized, they'd repeat the process. This saved them considerable wear and tear on the vinyl, and the general sound was rather well preserved.

      All of my unopened albums came from similar vinyl lovers garage sales.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    102. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      I'm not sure why the rights of the estate are even an issue. If I die, it's not like my salary gets passed on to my children.

    103. Re:Nothing to see here, move on by thePowerOfGrayskull · · Score: 1

      Except mine is actually what the person said. But the baby thing may have a grain of truth to it.

    104. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      See! Even back then, home taping was clearly killing music! OMG!

    105. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      There's no contradiction.

      The stupid people are the ones who think that voters are somehow going to do a "better" job voting with their wallets than voting with the ballot box.

      And so far they are the minority.

      So voting still works. Voters have switched to different parties/candidates and changed governments when stuff really bothers them.

      Obama is quite different from GW Bush. And he's actually trying to fix the healthcare system.

    106. Re:Nothing to see here, move on by SEWilco · · Score: 1

      Copyright doesn't expire in 35 years. Granting the copyright is expiring, so the artists get the copyright back for the remainder of the copyright term.

    107. Re:Nothing to see here, move on by MacWiz · · Score: 1

      I don't personally have a problem with them continuing to have copyright protection...

      Right now, the artists (as opposed to the songwriters) have no copyright protection at all. The only area in which there is any collection of money to be doled out to artists is webcasting, and the record label takes half of it by default.

      These are the sound recording copyrights. For the most part, the artists have never owned any of the recordings, so this isn't a continuation of anything, it's a new deal, and it is a HUGE change because 60s and 70s rock is still a catalog mainstay for the labels and it's all eligible to be taken away in the first year this goes into effect.

      The status quo is the record label keeping 85% of all the income and the artist "earns" the other 15 percent, which is applied to their account at the label, which is always in the red because marketing and promotion is so, so, expensive, you know.

      What we've had so far is contractural rape and pillaging for 100 years. This may signal the end of it, especially if enough artists reclaim their work.

      New plan -- The artist gets 100% of the income and doesn't have to go through the label to get it. And really, how much do you have to spend to promote a 35-year-old album?

      Some long-suppressed albums finally appear, too. Another benefit is that each artist who reclaims their work will be reducing the clout of the RIAA, as it will no longer represent the interests of the new owners of the recordings. And neither will the new laws the RIAA is working so fervently to have put together.

      Best -- This is going to be a literal lifesaver for some acts, which the labels have left to starve as they approach old age, having already cheated them as much and as often as possible and are probably still sitting on a pile of cash that should have been paid out.

    108. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      4,000% over 35 years is only a little over 11% per year. Not that impressive. You can pick and choose single stocks that beat your Black Sabbath example. Still, not bad for a hobby you clearly enjoy.

    109. Re:Nothing to see here, move on by sunspot42 · · Score: 1

      When I checked out their website a year or so back, The Eagles were offering their latest album in FLAC format for about the same price as the CD. They were always a very fidelity-conscious act - their '70s records were sonically flawless - so I wouldn't be surprised to see their catalog crop up in FLAC format at their website.

      That's one of the reasons why I've held off picking up the latest remasters. I hear they sound great, but why split the profits with the do-nothing crackheads at Warner?

    110. Re:Nothing to see here, move on by Jedi+Alec · · Score: 1

      All us "pirates" that refuse to pay for music that goes to fund lawsuits against music lovers could theoretically then go and buy music from the Eagles without having to line the pocket books of a RIAA affiliated label.

      Ehmm yeah, but if the copyright is expiring and it should be going into the public domain...why pay for it at all when should actually be *allowed* to copy it to our heart's content?

      --

      People replying to my sig annoy me. That's why I change it all the time.
    111. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Copyright exists to encourage the artist to continue to create - much like I get paid to encourage me to continue to work.

      If the artist is dead there is no more work he can be encouraged to make - you wouldn't pay my family for work I wasn't doing once I'd died - why do you think the public should pay for the artists family?

      Don't you think they should just rely on life insurance like the rest of us?

    112. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Sorry, but I don't respect the artists who go through RIAA to sell their work. The pop-ers are soulless shills, the rockers and rappers are hypocrites for working for the man, and the rest are merely lazy.

      The artists of yesteryear didn't really have much of a choice I guess. At least less of a choice then artists have now. But there's only so much money you can milk out of a 3 minute song. I'm not going to pay for beetoven's heirs to listen to his work, the time for that is past and the piece of work is now part of my inherited culture. Same goes for Micky Mouse. So while I respect the older artists, even if their songs have been sold off, I'm still not going to pay for it.

      And by and far I DON'T listen to much music. When I do, I've got "gie's a drink" on loop for most of it, and that was a freebie from electricscotland.com

    113. Re:Nothing to see here, move on by Anonymous Coward · · Score: 0

      Agreed. It's absurd to have copyrights lasting longer than the original length. If anything, with technology they should be shorter. With technology innovators are more quickly able to benefit from their ideas.

    114. Re:Nothing to see here, move on by Omestes · · Score: 1

      But...

      HPL is long dead, and August Derleth is long dead. Most of HPL's writing is nearing 90+ years old, and 1970 is almost 40 years ago. There is no reason for Arkham House to still have any control over the writings of someone who has been dead for 73 years.

      What useful function is Arkham House fulfilling (at least in light of being the sole holder of HPL's copyrights)?

      If they aren't even making money off of them, then there is no need for this, the "people nebulously attached to content creators deserve a cut" argument dies when they can't even make money.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    115. Re:Nothing to see here, move on by Omestes · · Score: 1

      Things out of copyright still have commercial value, you just lose the monopoly aspect. Look at Trent Reznor/Nine Inch Nails Creative Commons releases, there is nothing stopping the unwashed hordes from freely downloading the content, but he still made money hand over fist, even without copyright behind him (yes, he had a prexisting fan base, etc... but the argument still holds in this case). Even looking at the piracy ridden music scene today, these artists still make tons of money even while their whole catalog is freely-available online.

      There might not be AS MUCH commercial value, but there still is a significant amount.

      Also, the artist is dead, I doubt they care about their continued profit over their last 4 albums. Their family might, but this is of no concern, since the artist could have stashed some amount of their profits into a fund to provide
      for them, just like the rest of us non-creative working stiffs.

      I don't really care one bit about anyone in the equation outside of the actual content creator. They are the only ones that copyright exists for.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    116. Re:Nothing to see here, move on by perlchild · · Score: 1

      They don't... On the other hand, what you do alive isn't likely to grow in value. With artists, being dead increases the value, since there is scarcity. It's part and parcel of "art". On the other hand, valuing artists by their lifespan would be pretty dumb and counterproductive.

    117. Re:Nothing to see here, move on by mdwh2 · · Score: 1

      If you're going to tie copyright to the death of the artist, please make it a couple of decades after the artist's death, otherwise it would be a strong incentive for exploiting an artist's death, or even for murder.

      If someone is willing to commit the rather serious crime of murder, then won't they be more willing to simply commit copyright infringement in the first place, and not bother with murdering them?

      And if they die otherwise, I don't see how "strong incentive for exploiting an artist's death" is a problem?

      (Although yes, I'd have no problem with it being a fixed term rather than tied to a person's life.)

  3. Good by betterunixthanunix · · Score: 5, Insightful

    Pardon the pun, but the record companies need to face the music.

    --
    Palm trees and 8
    1. Re:Good by Anonymous Coward · · Score: 4, Funny

      Indeed. The time has come for the industry to march to the beat of a different drummer.

    2. Re:Good by E+IS+mC(Square) · · Score: 2, Funny

      All this is music to my ears!

    3. Re:Good by daem0n1x · · Score: 4, Funny

      The Funeral March, I hope.

    4. Re:Good by Chibinium · · Score: 1, Troll

      They're not going to like changing their tune.

    5. Re:Good by Anonymous Coward · · Score: 0

      Heh, and while we're at it, isn't it ironic that those who want to protect their "intellectual property" are just too... un-intellectual to think of new ways to make money?

    6. Re:Good by eldavojohn · · Score: 2, Interesting

      Pardon the pun, but the record companies need to face the music.

      Or they could look to the future and treat new/current artists so well that in 35 years, those artists don't want (like it's not in their best interest) to revoke the copyright ownership from the labels.

      I get a big kick out of watching record execs greedily line their own pockets at the expense of destroying music all while doing absolutely nothing. It's no secret and it's not a recent development. Compare the music industry to something more efficient like the microchip industry. Ignore the market differences for a second and think about what happens in the silicon valley or Taiwan or South Korea when someone hits on something big. What happens? Yes, people get paid and they end up with nicer stuff but a lot of that money gets fed back into the system in R&D or an expansion of workers. It pays to expand. Now look at the music industry. A label signs a huge act, the record goes multi-platinum. The artists get some amount but there are these large pools where money comes to rest and stops working for everyone. These are the record executives and RIAA at large. They're different than your average CEO because they are probably making more and they don't even have several thousand people working under them that they have to appease. They just have bands.

      So where is the equivalent of R&D or expansion of workers in the music industry? Why is it that bands don't get paid by a record company until they sign a label? Why aren't funds re-invested back into the system that is such a cash cow for these executives? If these executives treated their artists better and really really devoted a lot of time and money towards developing the bands and offering non-contractual small funds to fledgling bands instead of putting all that money in their pocket, then I think the music industry would be in a much much better state right now. Right now, it sucks to be an artist. It's just not a financial option unless you're Bob Dylan or Shakira.

      Stop screwing the artists and the fans and you won't find yourself in a shady situation relying on lawyers to find a loophole around legal matters.

      --
      My work here is dung.
    7. Re:Good by Anonymous Coward · · Score: 0

      Oops, should have put "their" in quotes as well.

    8. Re:Good by ozbird · · Score: 1

      ... and a brown note for the music publishers.

    9. Re:Good by MadKeithV · · Score: 1

      With the music industry, you KNOW this will fall on deaf ears.

    10. Re:Good by oldspewey · · Score: 1

      They just tune out the voice of the customer.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    11. Re:Good by tomasd · · Score: 1

      It ain't over 'til the fat lady sings

    12. Re:Good by digitig · · Score: 1

      Expect to see heavy lobbying to get the law changed so that they don't have to.

      --
      Quidnam Latine loqui modo coepi?
    13. Re:Good by i_ate_god · · Score: 4, Interesting

      The cost goes into marketing the band, producing music videos, large international tours, studio engineers. You've got to make millions of CDs and distribute them internationally. A graphic artist has to make the cover. Photography of the band.

      People seem to forget in this whole debate that the actual process of making an album, and then getting it heard through all the noise is expensive, whether you're part of a major label, an indie label, or on you own. It costs thousands of dollars to record, produce, and engineer an album. Then once you have that, how do you get people to listen to it? Throwing up mp3s on your website with a for sale sign won't garner much attention at all. Throwing your mp3s out there for free on torrent trackers won't garner much attention either.

      So yes, money does move around the industry. The bigger the band, the more people are involved in its success. Stage hands, road crew, bus driver, marketing and advertisement agencies, promotion companies, distributors, brick & mortar stores, video crews, for-hire musicians to add additional tracks (like hiring an orchestra).

      Now, because all this money is going to all sorts of different people, to say that it's just the RIAA being greedy is a little naive. These labels have tonnes of money that I'm willing to bet that other companies in this industry tried a little extortion of their own. HMV bumping up stocking prices for major labels for example.

      So this money has to be reinvested into the system as people raise their prices, and bands/labels try to out-glam each other with ever more extravagant productions.

      I'm not pro RIAA, nor do I think the whole industry is fair at all, but it's important to understand what actually goes on before anyone thinks there is a solution.

      --
      I'm god, but it's a bit of a drag really...
    14. Re:Good by jecblackpepper · · Score: 1

      Or alternatively they could decide to manufacture "artists" and only produce a product that has any commercial appeal for say six months at most and not care if they lose the right to publish it in 35 years... Oh wait...

    15. Re:Good by Knitebane · · Score: 2, Funny

      Leave Brittany alone!

      --
      "...history will look upon the act of depriving a whole nation of arms, as the blackest." --Ghandi
    16. Re:Good by pwfffff · · Score: 5, Insightful

      "The cost goes into marketing the band, producing music videos, large international tours, studio engineers. You've got to make millions of CDs and distribute them internationally. A graphic artist has to make the cover. Photography of the band."

      Most of that crap is unnecessary and is simply there to fuel the fattened industry. The way I see it, most of the marketing is only there to recoup the cost from, well, most of their marketing. Do you honestly think that fans would know or care if the pictures on their favorite bands website weren't the result of a $10,000 photo shoot, but were instead taken by fans at a concert and uploaded to Myspace?

      I just find it really hard to believe that if Miley Cyrus were to record a track on her own, upload it to her blog, and sell an unencumbered version of it for $1, she would make no profit. That cuts out graphic artists, distributors, agents, CEOs, secretaries, RIAA lawyers, brick and mortar stores, promotion companies, and marketers, and yet the product is the same.

      So all you've proven is that there is lots of money in the industry. You haven't defended it being there, and you haven't even really argued against the parent's point which was that this money isn't being used to improve the product. Well, actually, I suppose that only holds true if you assume that the product of the music industry is music.

      So in a way I guess you HAVE argued your point, but only by pointing out that the point of the music industry isn't to produce music. And that in turn kind of proves the parent's overall point, which was that this money (and really this industry) doesn't deserve to be there.

      tl;dr Right now the RIAA doesn't serve to produce better music, more music, or even insightful, innovative, and interesting music; it simply uses its resources to convince stupid people to buy their crap. The 'greed' part comes when they pretend that they're necessary.

      To the overpaid marketer in the corner going 'But that's my JOB you're talking about!': I don't give a shit; get a real job you manipulative parasite.

    17. Re:Good by ColdWetDog · · Score: 3, Funny

      He said sings.

      --
      Faster! Faster! Faster would be better!
    18. Re:Good by PjotrP · · Score: 1

      Time for them to pay the piper!

      --
      PjotrP
    19. Re:Good by steelfood · · Score: 1

      The labels probably contract out a lot of the work done, and probably get a hefty discount as a result. So they'll still have a place in the post-digital revolution. They'll just have to make an honest living, and won't be able to rake in the dough off of other people's hard work.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    20. Re:Good by Lord+Dreamshaper · · Score: 3, Insightful

      I just find it really hard to believe that if Miley Cyrus were to record a track on her own, upload it to her blog, and sell an unencumbered version of it for $1, she would make no profit

      Sure...and how much money did they have to spend to make Miley into an OMG MUST HAVE!!!!1!1!! "talent"? Looking around, I don't see a lot of future Led Zepellins, Doors, Pink Floyds or around...there's an overwhelming amount of money wasted in foisting crap on us, but it's easier (and therefore cheaper) to manufacture an image than to find, nuture & promote a legit talent. This system is corrupt and broken, & it does rape the artists, but it *would* require significant investment by the labels even if were run honestly.

      --
      When all of your wishes have been granted, many of your dreams will be destroyed - Marilyn Manson
    21. Re:Good by BrokenHalo · · Score: 1

      All this is music to my ears!

      Only so long as we don't have to face the musack...

    22. Re:Good by pwfffff · · Score: 1

      They don't 'find, nurture, and promote'. The bands come to them, they pay bored kids to get a feel for what sound is most palatable, and then they start them recording. Like I said, the ONLY thing the music industry does is promote.

      Are you suggesting that there is no other teen in the world as talented as Miley? That getting that talented actually requires such a bloated industry? Bull. Shit.

    23. Re:Good by Anonymous Coward · · Score: 1, Insightful

      Nope. It costs nothing to make and manufacture a CD. It doesn't cost them to press them, doesn't cost anything to print up the inserts, to ship them. NOTHING. I mean, it can't cost them anything, or else it would be cheaper to distribute electronically and I'd be able to buy an electronic copy cheaper than a hard copy. Since I can't, it must not cost them anything. ;)

    24. Re:Good by PitaBred · · Score: 1

      The problem is that while money does move around the industry, most of it goes into profits of the labels, never to be seen again. There are costs with producing albums, but those costs are recouped and then profits on top of it without ever paying the artists anything other than their advance (and sometimes charging them more) due to accounting tricks.

      http://futureofmusic.org/article/article/major-label-contract-clause-critique

      Just because they deliver slightly more than BlueHippo did doesn't make them any less of a scam.

    25. Re:Good by Anonymous Coward · · Score: 0

      'till now it's been the Imperial March...

    26. Re:Good by Anonymous Coward · · Score: 0

      "The music is reversible, but time... TURN BACK! TURN BACK!"

    27. Re:Good by triffidsting · · Score: 1

      I think they pretty much decided on the "Imperial March"

      --
      Non, je ne veux pas coucher avec toi ce soir.
    28. Re:Good by CrashNBrn · · Score: 1

      Are you trying to actually be reasonable?

      You are missing the main concepts here:
      * RIAA is Evil: it represents money-making copyright Corps.
      * Music is too Expensive: $15 Tapes in 1990; $15 CDs in 2009.
      * All artists are shills and by association with the RIAA are evil by association.
      * All CDs only have 1 or 2 good songs.

    29. Re:Good by bws111 · · Score: 1

      Are you kidding? The price of a single copy of a single song has remained the same at about $1 since the 1930s, over 70 years. By far, the biggest expenses in the recording industry are people (artists, musicians, engineers, secretaries, janitors, managers, producers, etc), equipment (instruments, amps, mixers, recorders, etc), real estate costs (studios, energy, taxes), and marketing. None of that stuff costs the same as it did 70 years ago. So how can you stay in business when your price is fixed, and your costs are skyrocketing? Increase the number of copies sold. Make absolutely certain that everything you release will be a hit. Analyze the crap out of tastes and trends and carefully craft a product to suit. Take no chances on some talented artist who is doing something different. In other words, invest heavily in R&D and leave 'art' out of the picture - exactly what you are proposing. Did you ever stop to think that the reason the music industry is such a mess is because the consumers like you DEMANDED it?

    30. Re:Good by Physician · · Score: 1

      I find it funny when old people assume only the music from their youth is good and that the music from the next generation's youth sucks.

      --
      Does God treat us as servants or friends? Check my homepage.
    31. Re:Good by Anonymous Coward · · Score: 0

      Funny you mention HMV, last time I went into one, it was mainly video games/hardware, then DVD's of Movies/Shows, then a little row with actual music CD's in it.

    32. Re:Good by Lord+Dreamshaper · · Score: 1

      Led Zepellin, Pink Floyd & the Doors are my parents generation, most of my generation's music did suck, my kid's music even more so. I don't see it as a case of "things were better in my day now get off my lawn you damn kids," just evidence of the RIAA label cartel & ClearChannel station cartel killing the industry with short sighted policies.

      It's been 15 years since I could live in a major market and still listen to a DJ who had significant say in the playlist, had personality that wasn't a gimmick, and had intelligent, insightful, interesting things to say about music, artists & the industry.

      Why do you suppose that is?

      --
      When all of your wishes have been granted, many of your dreams will be destroyed - Marilyn Manson
    33. Re:Good by Anonymous Coward · · Score: 0

      I don't see a lot of future Led Zepellins, Doors, Pink Floyds or around

      Good, because those bands sucked. Sorry to burst your bubble there, Mr. Hippy.

    34. Re:Good by Anonymous Coward · · Score: 0

      RIAA, and everyone tied to the music industry that isn't an artist, is a giant waste of money that doesn't produce jack. I'd even go so far as to say that they are the leeches that divert money away from the artists and hinder the art.

      marketing the band = screw marketing. I don't need a smiling face telling me that a band rocks.

      producing music videos = Sure, music videos are cool and all, but they don't really sell them as a product. They exist to make the artist look cool. Personally, I wish they'd stop dancing and play the damn music.

      large international tours = Tours are money making events.

      studio = Absolutely true. And the price of running a studio (or making your own) is and will be comming down all the time. Technology is a race to the bottom. Eventually every child will have access to a high quality sound stage.

      studio engineers = If you need 5 engineers with autoTune to sound good, then those 5 engineers ARE the artists in question.

      make millions of CDs = old format is old. It's so crazy cheap to make CDs in bulk now a days that slashdot is running ads for consumer machines. But really, online distribution is even cheaper and easier. Sure, running a server has some costs, but when you're an artist, if you have server load issues, you're not going to have cash issues.

      distribute them internationally = see above. Sadly, the tribe men of the amazon may not have access to your latest beat boxing mix. Let's hope they manage somehow.

      A graphic artist has to make the cover = Cover? To what? an album? Why the spork would I want your bottom of the barrel songs? Furthermore, if you need a half-naked chick on your cover to sell your music then maybe your music sucks.

      Photography of the band = FOR WHAT? I don't care how ugly your band is if they sound good.

      "It costs thousands of dollars to record, produce, and engineer an album."
      only if you want it to. With a bit of time and effort anyone can record, produce, engineer, and distribute a song. Times have changed.

      And now you're just rehashing the people you listed before. What? Do you want to pay these people double wages?

      Stage hands, road crew, bus driver, = This is a tour. People pay to see tour shows. Tours make money. These people get paid.

      marketing and advertisement agencies, = fuck you and double fuck you.

      promotion companies, = oh yeah, cause astroturf is an culturally enriching product. (Triple fuck you? I'm not sure if that's possible)

      distributors, = A server and an ISP, it's really not that expensive and the cost scales with how much attention you get.

      brick & mortar stores, = I haven't stepped inside of a record store for a decade and I see no reason for their continued existence.

      video crews, = Videos have never made money. Unless you consider the advertising between them, in which case the consumer still doesn't have to pay to see it.

      for-hire musicians to add additional tracks (like hiring an orchestra). = This actually has me torn. On one hand, paying someone upfront and then using their work to get all the fortune for yourself is what we have going on now. But on the other hand, I'm fine with artists working on commission if the piece is used for it's purpose and then let go. Hmm, so collaborative works are still a sticky situation that technological advancements won't whisk away. Traditionally however, backup singers get the short end of the stick.

      "I'm not pro RIAA, nor do I think the whole industry is fair at all, but it's important to understand what actually goes on before anyone thinks there is a solution."
      Well sure, that's understandable. But what's going on is a giant waste of resources feeding a monstrosity that shouldn't exist.

    35. Re:Good by Drugmath · · Score: 1

      I just find it really hard to believe that if Miley Cyrus were to record a track on her own, upload it to her blog, and sell an unencumbered version of it for $1, she would make no profit. That cuts out graphic artists, distributors, agents, CEOs, secretaries, RIAA lawyers, brick and mortar stores, promotion companies, and marketers, and yet the product is the same.

      As much as I loathe defending the labels, I have to take exception with this argument. I agree that right now Miley Cyrus could make a profit selling $1 tracks on her website. However, without her label spending a fair amount of money on marketing, she wouldn't be selling tracks since nobody would have heard of her (Okay, Miley's not the greatest example since her father is a celebrity, but you get the point).

      The point is, as much as I agree that the labels' business model is outdated and harmful in many ways to both consumers and artists, the labels do serve some useful purposes, and aren't entirely irrelevant.

    36. Re:Good by Team503 · · Score: 1

      What you ignore is that Miley Cyrus could only do that BECAUSE of the millions the labels spent on her. Elsewise, how else would you know who she is? And besides, making a "profit" does not equate to making a living. To use a real life example, how about Trent Gentry? He recorded an album earlier this year that's fantastic (he really did, and it really is - grab it on CDBaby). Do you own it? Do you know who he is? No? Ah. Now you understand. Making a great product is utterly worthless if no one even knows it exists or that you can buy it. Sure, there's lots of fat in the industry - there is in EVERY industry. I don't think, however, that you have any clue what you're talking about. Being a musician is a skill set on its own. You can't expect every musician to also be a recording engineer, marketing expert, salesman, promoter, tour coordinator, bus driver, roadie, local and nation PR guy, or the rest of it. You're suggesting that every musician be the entire industry independently; it's unreasonable and unrealistic, in the same way that I don't expect the coder to also plan, implement, or maintain the entire environment for which he's coding.

    37. Re:Good by pwfffff · · Score: 1

      You're very close to getting the point, but you're still as retarded as those at the top of the music industry.

      "Making a great product i utterly worthless if no one even knows it exists or that you can buy it."

      I'm sure he would appreciate you telling him his music is worthless. If you enjoy it, then his music is worth at least as much as any of Miley Cyrus' crap. You're buying in to the lie that music is only 'worth' anything if it's been over-hyped, over-produced, and shoved down the throats of millions of Americans via radio.

      The industry itself is based on this lie. The industry is dying because today's youth realizes that the best musical experience they'll get is the one at their local ex-bowling alley turned musical venue, not the one was that vetted by the suits in LA to have the biggest market.

      You're completely missing what I expect. You did get the producer part correct; that stuff is dead simple and if you can't get your own tracks sounding right then I don't really consider you an artist. Everything else is cruft: unnecessary bullshit made to inflate the price of the product. None of it actually effects the music. The death of an industry based around such things is only going to harm the greedy ones that try to hijack music for profit. Artists will still make music. It will still sound the same. People will find music even without you telling them what to listen to, trust me.

      Tl;dr
      Music that didn't cost millions to promote still sounds good to me... are your tastes simply too expensive to be sated by someone practicing their craft for fun?

    38. Re:Good by Team503 · · Score: 1

      You're missing the point of my post by about seven nautical miles. I'm not "buying into the lie" about anything; for that matter, I'm likely far more jaded than you, having actually worked in the industry for a few years (Promo and PR for Astralwerks, if you are curious).

      The point was that musicians need to make enough money to make a living recording and performing. For an amateur musician like myself, a few bucks on the side from web sales is fine. For someone like Trent - or any other aspiring musician - it's not. They have to pay rent, bills, car payments, et cetera just like the rest, and if they're not signed to a label they have to pay studio time, engineer time, duplication, distribution, promotion, etc., as well. A few bucks here and there just isn't enough. If your margins are thin - like they are in a major label deal - then quantity is your only solution. Alternately, you have to sell at a significant enough markup to break even, which is higher than you think.

      I'm not commenting on the quality of the product - I'm making a commentary on the ability of a musician to actually make a living (without being constantly broke) pursuing their craft.

      I'm also not interested in discussing at length the benefits or lack thereof of a quality producer, recording engineer, PR net, promo team, or anything else. They have their ups and downs, and that is vastly outside the scope of this discussion.

      Yes, music that was recorded for a few hundred bucks with the boys from the block can be astonishing. And yes, music produced with millions of dollars supplied by labels can suck. But it works the other way around, too.

      The industry isn't going anywhere, not really. Most people don't want to have to dig to find new music (once they leave their teens and early twenties); they want to be fed content by the gatekeeper of their choice. That gatekeeper used to be radio. Not it's video games, movie soundtracks, and Pitchfork Media (God help our souls). Shifting, transforming, reinventing, yes. But the BUSINESS of the music BUSINESS will never go away.

      PS - What do you think that bowling alley-turned-venue is? It's a business, out to make money. Its manager will primarily book bands s/he thinks will sell the most tickets/cover charges/drinks, not the ones he loves.

  4. Interesting times by Anonymous Coward · · Score: 5, Insightful

    A lot of older artists have realised in this day and age how much the record companies were fleecing them back in the day. Quite a lot of young artists now, realise the companies are the Devil incarnate and try their best to do their own distribution, not easy on an international stage without limited funds, but at least they can have a chance of a career in music without being bent over by a label and dumped after one poorly selling album.

    I tend to spend more on music when I know I can buy direct from metal bands, direct from their sites, to the point I am actually emailling the band members for details and merchandise. I feeling I am adding something positive to the music scene as a whole. I can't say I like the Eagles much, another super-rich corp band to my mind, but it's their work and good luck to them!

    1. Re:Interesting times by oldspewey · · Score: 1

      Agree.

      I like going to music festivals and local gigs, and I make a point of visiting the CD table or merchandise tent, etc. if I heard something I really liked. I will gladly pay $25 for a CD under such circumstances - sometimes directly from the hands of the artist where I get to tell him/her/them how much I enjoyed the show.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    2. Re:Interesting times by dbIII · · Score: 1

      I can't say I like the Eagles much

      So you don't like them and like metal?
      What we need then is something like the Eagles of Death Metal :)

    3. Re:Interesting times by Ihmhi · · Score: 1

      What do you mean it's not so easy on an international stage? I'm pretty sure the Internet is international.

      If you're shipping little plastic disks out for some insane reason, then pack it full of awesome goodies and make it worth the premium price you'd be charging them.

    4. Re:Interesting times by east+coast · · Score: 2, Insightful

      I really don't know why this got modded up so much. I think it shows a certain chain of logic failure that *starts* with the artist.

      A lot of older artists have realised in this day and age how much the record companies were fleecing them back in the day.

      And a guy who plays the guitar is qualified to have made better business decision how exactly? Artists willfully sign up for what a label offers. There is no gun to anyone's head. The market conditions set the price and artists have been free to take it or leave it since the first publications of recorded music. These same artists you've chosen to treat like victims reaped just as much benefit from the system as those who publish, distributed and advertised their product but the artists got away with not doing the heavy lifting. Independent publication has been going on forever and a lot of the artists you hail as victims of this system did actually publish their own work for a few releases and later turned towards labels for their services. You *can not* tell me that these artists who took this route didn't do this for a reason. Think about it for a moment, please.

      Quite a lot of young artists now, realise the companies are the Devil incarnate and try their best to do their own distribution, not easy on an international stage without limited funds, but at least they can have a chance of a career in music without being bent over by a label and dumped after one poorly selling album.

      This is far from new and most of the artists in the same ilk as The Eagles have already done the indy route with various results. The reason that many of them are still known today and their 30+ year old music still has value has more to do with the labels than the merits of the artists. I've seen tons of good artists go by the wayside who had as solid a product as anyone else but just didn't have the right distribution and advertisement channels to take real advantage of it. It sucks that it happens and the internet has gone a long way to eliminate the need for this but it's still a truth that simply could not be ignored in it's time and day.

      And I hate to tell you this but an indie artist who has a poor album would feel lucky to be "bent over" by a label if they have a poor selling album. The financial set backs that happen to an artist releasing a poor selling product is much heavier than them simply being booted from a label. Again, this is changing but for the most part even today a lot of artists would never see a properly produced and marketed album without some assistance. Financial backing is a make or break watermark in a lot of musical careers.

      I tend to spend more on music when I know I can buy direct from metal bands, direct from their sites, to the point I am actually emailling the band members for details and merchandise. I feeling I am adding something positive to the music scene as a whole. I can't say I like the Eagles much, another super-rich corp band to my mind, but it's their work and good luck to them!

      Yeah, I've tended to listen to more indy music than anything else too but at the same time I think if labels become too standoffish too soon that there will be talent that will slip through the cracks. I guess it happens in just about every market.

      But at the same time I really don't know how much of a real victory this is. The Eagles are going to do well because they're established and the truth of the matter is that it's just a copyright changing hands. From the man-on-the-street prospective it's not really going to open up anything that isn't already there today. The Eagles made a conscious decision to give up their rights when they signed in the first place. I feel no sympathy for people who make a bad decision and certainly not to the point that they deserve legal protection. Don't think for a second that if The Eagles see a way to twist copyright to their favor for additional gains that they won't jump on the chance. Actually, if you stop and think about it that *is* what they're doing with this maneuver. The label took a risk, The Eagles will get paid and we won't see anything come out of this in a real tangable fashion.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    5. Re:Interesting times by petermgreen · · Score: 1

      Setting up the infrastructure to sell direct to customers will cost you a bit but not a huge ammount and if you want to outsource there are companies that will do it for you for a lot less than the major labels charge. Some of theese places can even get your music on the likes of itunes and amazon (cdbaby is a good example).

      The hard bit is convincing sufficiant people to buy it that you make a decent profit. Doing that well generally requires either a lot of luck, a lot of money, a lot of influence or a combination of the three.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    6. Re:Interesting times by Ihmhi · · Score: 1

      It's this infrastructure bit I don't get.

      Why do you even need this? If you're going to ship millions of CDs, yes. But many artists nowadays - most, I'd argue - won't. Take a look at what The Get Out Clause did for shipping out their CDS. Handmade by the band, shipped out by the band. You can buy something altogether more awesome than the plastic-and-paper tripe you pick up at Wal-Mart for the paltry sum of £5 (shipping included).

    7. Re:Interesting times by petermgreen · · Score: 1

      I see they insource packaging (it is not clear from the website if they insourced or outsource the actual CD production), order processing and dispatch for the physical release but outsource the entire process to itunes for their download release.

      In some ways downloads are harder to insource than physical shipping. For low volume physical shipping of a single item (as is the case here) you can pretty much just thow up a static link to provide the information to the payment gateway (unless you are doing huge volume you basically have no choice but to outsource payment processing to a payment gateway) and do everything else manually.

      For digital downloads things get a bit more complicated, you need to make sure your hosting account can take the strain and unless you want to see rampant abuse you need to put in place a system to track who has purchased items and only allow users logged in with an appropriate account to download them, you probablly would also want to track and control how many downloads each account can make of each purchase to stop people just handing out thier login details online.

      None of this is insurmountable of course but it does require some setup by someone experianced with web technologies, maybe even some coding (i'm not sure if there are precanned packages for digitial media distribution or not), it is also likely to cost more to host than the fairly plain website they have now.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    8. Re:Interesting times by Ihmhi · · Score: 1

      AFAIK with iTunes and most other music stores, you keep the rights to your creative works. They just take a cut as a fee for the transaction. I'd believe that it would be generally cheaper than doing it yourself, and it's the same price irrespective of the volume of sales.

      Does something like this exist for physical music media, from pressed CDs to finished package? (i.e. "print on demand"). You can do it yourself for an investment of a couple hundred dollars, some time, and some creativity. If you're a small band, I really don't think you'd need to get a label's services in doing this.

    9. Re:Interesting times by petermgreen · · Score: 1

      AFAIK with iTunes and most other music stores, you keep the rights to your creative works. They just take a cut as a fee for the transaction
      Indeed though afaict itunes won't take generally take music directly from bands so you have to go through an intermediary who will add thier own fee (either on a time basis or as a proportion of revenue).

      Still I can well believe that for a small band it could work out cheaper than rolling your own. The payment gateways that small online vendors use tend to take quite a big cut especially for small transactions and setting up the distribution infrastructure won't be free either.

      Does something like this exist for physical music media, from pressed CDs to finished package? (i.e. "print on demand").
      I'm not aware of any services that will burn and package on demand, my guess is a service that did so would be quite expensive. CD baby will stock a small quantity of CDs for you and ship them out as they are ordered and will do duplication for you but there doesn't seem to be any way to link thier two services together.

      If you want pressed (rather than burned) CDs then you will have quite substantial upfront costs to create the pressing master and an initial run of CDs stamped (looks like about a grand to get 1000 CDs pressed and packaged).

      If you're a small band, I really don't think you'd need to get a label's services in doing this.
      I agree, afaict the main reason people sign up with record companies is that they want the record companies clout to turn them from being a small band to being a big band.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  5. Will there be a kaboom? by R2.0 · · Score: 4, Insightful

    There's supposed to be an earth-shattering kaboom, you know.

    On another note, isn't this trading 1 stupidity for another? I mean, I like Hotel California and all, but the copyright should have expired by now. Period.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:Will there be a kaboom? by R2.0 · · Score: 5, Insightful

      Way to miss the point. EVERYTHING in your post is based on the idea that "copyright" is something innate or profound, existing outside of a legal structure. It is not. Copyright exists ONLY within a legal structure that decrees it so. The point of copyright is to encourage the creative arts by granting the creator a monopoly for a limited time, after that point others may use that art. Without that, and artist HAS NO RIGHTS to the product of their work. If you write and perform a song, what stops another musician from performing the same song the next night? Nothing except a law. Copyright is a mercantilist replacement for aristocratic patronage - it allows artists to make money within a capitalist system. But that's ALL it is.

      I am not in favor of abolishing copyright - I believe, in the main, it does what it is intended to do. But the current terms of copyright are so outrageous as to encourage this bizarre idea of "ownership" of something that DOESN'T EXIST. I'm sure the Eagles worked their asses off thirty years ago to create that song, and I believe they should have been compensated for it. Then. and for some period of time thereafter. But thirty years later? I believe it is bad public policy, which is the only place that this "right" exists.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:Will there be a kaboom? by donaggie03 · · Score: 1

      you make a lot of good points, but you miss the essential one. Hotel California was released in 1977, which was over 30 years from now. It doesn't matter how much work you put into creating something; 30 years is long enough for it to have been passed to the people. We obviously disagree on that one point, but it really is the only one that matters.

      --
      Three days from now?? Thats tomorrow!! ~Peter Griffin
    3. Re:Will there be a kaboom? by rudy_wayne · · Score: 1

      "I like Hotel California and all, but the copyright should have expired by now. Period."

      Why? Just because you believe so?

      No, because the U.S. Constitution says so. You are granted a monopoly, in this case called a copyright, FOR A LIMITED TIME. Unfortunately, copyright law has been constantly changed and extended to ridiculous lengths by the corrupt music industry together with equally corrupt polititions.

    4. Re:Will there be a kaboom? by Pax681 · · Score: 1, Insightful

      ok time to burn some Karma.......

      "i could care less" now that implies that you DO actually care......

      now if you said "i couldn't care less" then that would be more on the spot and correct
      while i agree with the sentiments of your post the let down was.....ESPECIALLY for an academic, the poor use of phrase. .

      mod me down... call me a troll.. whatever.. but in this wee matter i am correct i just don't get it when people say "i could give a shit" or " i could care less" an exception being "like i could give a give a shit"

      all i can say is i COULDN'T give a shit and COULDN'T care less if you mod me down for it.

    5. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      granting the record label a monopoly for more than the lifetime of a human, unless you're born shortly after the creation of the work and intend to live for at least 50 years, most likely a lot longer since it takes some time for the creator to die.

      There, fixed that for you. Seriously, isn't five or ten years enough? You're not going to do anything with the royalties after you die.

    6. Re:Will there be a kaboom? by burris · · Score: 1

      Culture belongs to everyone. A couple hundred years ago we decided to give artists a monopoly over their work for a limited amount of time as an incentive to create. Since then, greedy people have corrupted that in an attempt to retain their monopoly for all time.

    7. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      If you write and perform a song, what stops another musician from performing the same song the next night?

      First guy's connections to The Mob?

    8. Re:Will there be a kaboom? by phiwum · · Score: 2, Insightful

      No one has claimed that making a pop hit is easy. Indeed, that's utterly irrelevant to the claim that copyright terms should be no more than a few decades.

      The purpose of copyright is to encourage the production of new material. Either shorter terms are incentive enough for artists to create works like "Hotel California" or not. At the time the song was written, copyright was for 28 years, renewable once, and so would go in the public domain around 2032 (still some years off). So, at least, it is obvious that the Eagles felt that 56 years was incentive enough.

      In all likelihood, they would have felt incentive enough to write and publish the song for only 28 years protection, but this is just my uneducated guess. Let's ask about you: do you honestly believe that, were terms shorter, you'd feel little incentive to produce your music? If not, then what is the purpose of such lengthy copyright durations? This is a right granted by the government to the artist for a particular purpose, namely, to encourage the production of works. Unless longer terms have an actual effect, then they are not defensible. (Retroactive term extensions are even more implausible!)

      Note: The Europeans have a different view of copyright. They regard it as securing the natural rights of the content producer in law. But that's not the American legal view, which has (like the UK) recognized copyright as a granted right intended for a practical purpose.

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    9. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      Without that, and artist HAS NO RIGHTS to the product of their work.

      You are incorrect. Even without copyright, artists still have some rights with regard to what they produce, specifically those that are based on contracts.

    10. Re:Will there be a kaboom? by XSpud · · Score: 1

      Though I don't disagree with the gist of what you are saying, the same could be said of any type of ownership. For example ownership of land is really just ownership of certain rights to use that land within a legal framework and in most countries those rights are limited, otherwise it would not be possible to force the compulsory purchase of land.

      Like copyright, ownership of physical property and goods has no real meaning outside of a legal framework. The difference as I see it is that the legal framework regarding physical goods is one that the majority of people feel generally comfortable with, but even then there are still arguments about how long these rights should exist (e.g. the arguments for and against inheritance/estate taxes).

    11. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      I suggest refining the language you use to defend your position.

      All ideas of ownership don't exist outside of a legal structure. That's why people don't want anarchy because the only reason a person has something in anarchy is because they are powerful enough to take it. So we create an owner of X and create laws to defend that owner.

      I think a better way of expressing your position is that copyright is intended to grant the originator of an idea/expression control over that idea/expression for a certain amount of time so they can profit from it. However, once something has been created, the idea is "out there" and better ideas/expressions will come from it. We want to encourage that and that's the reason for copyright limits.

      I think that is basically what you said, and I assume you agree with it, and I hope you'll find this expression to go further in supporting your case.

    12. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      Actually, the statement of I Could Care Less is a throw away semantic statement that is in the public's eye one that shows your level of contempt. You can parse it however you want, and you can apply logic to vernacular, but you'll find quite a bit of vernacular is contradictory to its logical parsing, yet still semantically correct.

      The fact is I could care less, but it would take effort to care less, which to me is more work than the situation requires. So, fuck yeah, it works the same for me either way.

      And I think I could give a shit about what you just said, but I don't wanna...I want my shit right where it is now...packed up in my colon.

      How'd you're PhD in Applied Linguistics go? Oh wait, you are just another fucking annoying troll on the internet that read something once and now has to flaunt it with the whole I GATS KARUM TA BURNS...So do I, yet, I still decided to post both the original and this as an AC. Why? Because I don't fucking care, but at the same time, I kinda do. Ya see how I could care less, but I'm deciding not to? I could care less about you, but we wouldn't be having this back and forth, now would we? :-)

    13. Re:Will there be a kaboom? by DavidTC · · Score: 4, Insightful

      No. That's not the same thing.

      Physical ownership exists because because there is only one of each thing, and only one person can use it at one time.

      So a government comes along and says 'This is yours, even if you aren't possessing it', e.g., if you set it down for a second. Or it's what you sleep on.

      Possession is, if you will, an inherent property of the universe. Everything that exists can have zero or one people in control of it. 'Property ownership' is just a way to continue 'possession' without actually possessing it, because, frankly, no one wants to carry around all their stuff all the time.

      Land ownership is loosely related. It started with the concept that part of the ground, where you planted something or built a shelter, was yours. Admittedly, it's expanded past that point, and there have actually been quite a few people who want to 'correct' this back by taking land that no one's done anything with away from the owner.

      Even really indirect ownership, like stock ownership, is still 'There is something that exists, and control over that thing needs to be decided, as only one person can actually 'control' it.'. The thing that exists is the physical assets of the company, and the control is an amazingly indirect mess, but it's still there in principle.

      Compare to copyright, which doesn't have anything to do with possession or things that actually exist and can be controlled. Copyright is the ability to stop other people from doing things with their own stuff, like singing a song with their own mouth.

      That's why people have ownership of a copyright, not ownership of a song. You can't actually own a sound pattern, that is not property that actually exists. You can, however, own the government-issued right to stop other people from replicating that pattern it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    14. Re:Will there be a kaboom? by DavidTC · · Score: 1

      All ideas of ownership don't exist outside of a legal structure. That's why people don't want anarchy because the only reason a person has something in anarchy is because they are powerful enough to take it. So we create an owner of X and create laws to defend that owner.

      That's only true if you define 'ownership' as a legal right, which, duh, means it can't exist outside of a legal framework.

      But plenty of societies without legal frameworks have the concept that you continue to have the right to use and control the use of (Which is the basic concept of ownership.) a tool you made, even if you set it down and someone picked it out. And you can trade or even 'rent' the tool to other people.

      Same with the bed you sleep in. Or the clothes you wear.

      People often think societies like that don't have ownership because they are usually communistic and have one group of people collect food, and another group maintain the shelters, and another group repair clothing, without any obvious tracking of 'who owes who what.'

      But there's never been a recorded instance of a society where no one 'owns' anything. If someone takes off their clothes to go swimming, you can't just walk up and take them, or even replace them with other clothes.

      As for 'anarchy', anarchy is not some actual thing. Anarchy is an invented concept that hasn't ever existed in any society. People often pretend it is the 'default' state of humans or that 'without government' we have it. But it's not, and we don't...for most of human history we've had tribalism, which is just really informal government. Modern days, 'without a government', we have warlordism, which just competing dictatorships.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    15. Re:Will there be a kaboom? by R2.0 · · Score: 1

      Not exactly. There are things you can do to secure your rights to physical objects and land without resorting to enforcement of law - locks, fences, etc. For that matter,you can enforce some other rights in the same manner. You have a right to live and you can defend that right using means at your disposal. Likewise, a right to the integrity of your dwelling - reference the "castle" doctrine" in law.

      In these instances one can physically stop a violation of the right. Likewise, one can physically protect a recording, master tape, etc. But how does one physically protect music? or a speech? By it's very nature it is realesed from the initiator's control.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    16. Re:Will there be a kaboom? by sjames · · Score: 1

      Copyright is a bargain with society. We (society) will grant you (an artist) a limited right to control the reproduction of your work because we believe you will produce more if we give you that right so you can profit. In return, at some point in the future we expect your work to enter the public domain so we (a society that includes other artists) can build upon your work to the enrichment of all.

      Consider it a sort of loan. What kind of bargain is it for me if I loan you $5 today and you don't have to pay it back until after we (and for that matter, our children) are dead from old age?

      Remember, the default state isn't perpetual copyright, the default state is no protection at all, from your pen directly to the public domain.

      As for the case under discussion, "Hotel California", it will continue to make money for the Eagles even if it goes into the public domain today. Nobody wants to buy tickets to hear Mortie Schwartz perform Hotel California, but if the Eagles want to go on tour, they'll probably sell out in every city copyright or not.

      Even if all of their '70s hits were public domain, they still have multi-platinum albums in the next 3 decades to fall back on. Not to mention they just concluded a successful world tour this year.

      Here's an odd hypothetical for you. I can pretty much choose to re-hear any music I've ever heard in my head from memory. Should I invent a device that can let others listen along with me, is it legal? It may be your song, but it's MY memory that I've chosen to share. Don't laugh too hard at the SciFi element there, there's some evidence that the inner ear reacts to memory of sound by faintly reproducing it. A good sensitive mike and some DSP might just constitute my fictional invention.

    17. Re:Will there be a kaboom? by jedidiah · · Score: 1

      Excessive copyrights interfere with new artists and new ways for consumers to take advantage of creative works and ultimately stifle the entire industry and create collateral damage in other related artistic endeavors. ...plus THAT WAS THE LAW when the relevant works were created.

      You remember THE LAW don't you? It's what is trotted out any time one of you armchair moralists wants to use the state to help defend the corporate interests of moguls and middle men.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    18. Re:Will there be a kaboom? by Omestes · · Score: 1

      Even without copyright, artists still have some rights with regard to what they produce, specifically those that are based on contracts.

      To pick nits; Aren't these rights based on contracts also only based on legal whim? There are no contracts without enforcement, and enforcement is a government thing (in the modern age).

      Actually, I can't think of a single innate right that an artist would have, that I wouldn't. To be honest, I can't think of a single innate right. Rights generally are only those things that you can convince others you have, and convince enough people to protect, that is it. If the government decided to revoke copyright completely, then there would be no rights attached to the creation of insubstantial works.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    19. Re:Will there be a kaboom? by Knara · · Score: 1

      "I like Hotel California and all, but the copyright should have expired by now. Period." Why? Just because you believe so?

      No, because the U.S. Constitution says so. You are granted a monopoly, in this case called a copyright, FOR A LIMITED TIME. Unfortunately, copyright law has been constantly changed and extended to ridiculous lengths by the corrupt music industry together with equally corrupt polititions.

      Yeah, and they've only done it in a Constitutional manner! Those bastards!

    20. Re:Will there be a kaboom? by Knara · · Score: 1

      Excessive copyrights interfere with new artists and new ways for consumers to take advantage of creative works and ultimately stifle the entire industry and create collateral damage in other related artistic endeavors

      [Citation Fucking Needed]

      The only time I know of where it "stifles" people is when they have to actually license samples from songs. The horror, they can't just use peoples' creative works for free.

      As I often say, you can do a comic strip about a cat, a dog, and their owner, you just can't do "Garfield". That's not stifling creativity, that's forcing people to be creative and make something new. To wit, *longer* copyright terms result in more original creative output, because people can't piggyback on other artists' past works.

    21. Re:Will there be a kaboom? by Khyber · · Score: 1

      "No one has claimed that making a pop hit is easy."

      No need to make a claim when it's already a well known fact - just loop a 30 second sample of someone else's music and rap over it - instant club hit and multi-platinum single.

      "Indeed, that's utterly irrelevant to the claim that copyright terms should be no more than a few decades."

      How so? If I can take any once-popular song, take a small section out of it, loop it endlessly, talk nonsense over it and turn it into a hit, then something needs to be done about copyright. For example, Dr. Dre should have paid royalties. Half of his 'work' is the work of others, and those others are still pretty much unrecognized while Dre sits his fat ass on all the money THEY should have had.

      Metallica won a Grammy for Whiskey in the Jar - a song they never wrote. That kind of shit shouldn't be happening.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    22. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      Agreed R2.0, without copyright the creator has no rights to the product of their work in the same fashion that plumbers have no right to use the facilities they fix or install. It's a one-off deal without copyright to protect the monopoly on the work provided. The problem is copyrights are purchased by, or contractually required to be given to, the recording company instead of the artist. These companies are creators of nothing, they purchase physical media and put recordings on it which IMO is something that is going by the wayside in our current streaming/downloading technological age. This ownership by the recording companies also factors into what artists get promoted because they hold the keys to the profit vault and decide what is going to get proper exposure. It's more inline capitalism to allow artists to look for best value services for all aspects of their business. This happens in every other industry in the capitalist sector of the world. I'd say the hierarchy of the business needs to change with the artists at the top and promoters, disc duplication shops, screen printers and other artist services below.

    23. Re:Will there be a kaboom? by Late+Adopter · · Score: 1

      Possession is, if you will, an inherent property of the universe.

      Tell that to the native Americans.

      Land ownership is a social construct. Yes, if you believe in ownership of tangibles, you will have to enforce a limit of one owner per item, to respect physical realities, but that doesn't mandate the concept of ownership in the first place.

      I'm not saying that just because it isn't innate it isn't a sensible right. The USA is based on a society that buys into a certain set of premises, of which property ownership is one of them, and a useful one at that. But that doesn't mean it's the only sensible way to run a society.

    24. Re:Will there be a kaboom? by jedidiah · · Score: 1

      Citation needed?

      You're a fucking moron.

      There are copyright fights over the Martin Luther King estate.

      There are historical movies that can't be released because of copyright background music or BS like "Happy Birthday".

      There are guitarists suing other guitarists over riffs.

      There's all the nonsense with Ellison and Terminator.

      There are TV shows that can't be released in their original form due to music rights.

      You can't be a reader of Slashdot and NOT be exposed to this.

      Some Slashdot headlines are even about this very subject.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    25. Re:Will there be a kaboom? by Morty · · Score: 1

      See how you like working in a field that pretty much is dependant on the whims of taste and then be told, hey, entertainment has moved to something else now so we don't need you anymore...but we do like your other song and now we want it for free.

      Too bad there is no market for older acts to tour, and thus continue to earn money as they age. Oh, wait. There is. In fact, according to the Eagle's website, two of the members are, in fact, touring. Ain't that grand?

      In most professions, people get paid for work they do now, not for work they did 30 years ago. There are other careers where people tend to age out quickly, including IT -- it's much harder to get a job in IT after you are 40 years old. In other industries, the entire industry has gone away -- go ask a laid-off steelworker how their job prospects look, and then ask them how many residuals they're getting from the steel they worked on in the past. Even the old copyright law provided revenue streams for 56 years -- well after most people's retirement age, assuming the music was recorded at age 18 -- and the various copyright extensions have taken this to extremes. Do musicians really need to be paid for their music for decades after they've died?

    26. Re:Will there be a kaboom? by Knara · · Score: 1

      None of that prevents people from creating new works and embarking on new endeavors. They are disputes over administrative matters. For example:

      There are TV shows that can't be released in their original form due to music rights.

      The factual way to state this is "there are TV shows that cannot be released in their original form because the parties cannot come to an agreement about how much the licensing will cost". Eventually, this ends up working out. See: Ally McBeal.

      The only way to avoid every single thing you've listed is to abolish copyright entirely, which is not only stupid, but would be unconstitutional unless you got an amendment passed.

      And since none of this prevents people from making new works, again, [Citation Fucking Needed].

    27. Re:Will there be a kaboom? by NeutronCowboy · · Score: 1

      On the contrary. The Native Americans are a perfect example that land can be owned. To be exact, the amount of land that can be owned by one person is the amount of land that that person can defend. The Native Americans just looked at the vast expanse of land around them, and thought it was silly that one person would want a specific land tract - after all, they'd just go somewhere else. To them, in their small, nomadic numbers, owning land was a pointless exercise.

      The Native Americans failed to understand that where those few strange people came from, millions more were waiting to overwhelm their small numbers. And that they would not be able to defend the land they needed to live.

      I agree that it isn't the only sensible way to run a society. But, given the amount of jackasses that are willing to ruin a good thing for everybody, it's pretty much the only thing that can last a while.

      --
      Those who can, do. Those who can't, sue.
    28. Re:Will there be a kaboom? by DavidTC · · Score: 1

      If you didn't think the Native Americans owned land, try going back in time 600 years, walking up to a dwelling someone's living in, and making them leave and then you live there. Or attempting to physically move them or their dwelling.

      The Native Americans didn't have ownership of most land, which is what happens with property ownership in a society without any resource limitation. If you can get as many X as you want, people don't bother to decide the ownership of 99.99999% of X. For Native Americans, land was X, they couldn't figure out why anyone would attempt to claim an empty field or a river, when there appear to be near-infinite amounts of those.

      But people still own the X they're holding in their hand, or the X they're sleeping on, or the X they're wearing, or the X spot of the river they're currently fishing from.

      No society ever has let you walk over and pick up someone else's shoes they just took off and claim them as your own.

      And I'm not here to talk about 'sensible' ways to do thing. I'm simply saying that all societies have 'ownership' in the sense that people are recognized to have control over certain items. Our society has ownership of (almost) everything, whereas other societies might have only small personal possession and clothing and sleeping areas, but pretty much all of them have at least that much.

      All societies have the concept of 'possession', that you are in control of certain things, and all of them extend that to things you are 'hypothetically' in possession of in general but not actually in possession of at this exact moment, like your bedroll over in the community tent.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    29. Re:Will there be a kaboom? by jbengt · · Score: 1

      My take is that it's a (too) short version of "as if I could care less."

    30. Re:Will there be a kaboom? by syousef · · Score: 2, Interesting

      People don't seem to have any clue that it might be possible to legislate that we must compensate an artist for using their work WITHOUT legislating that we are not permitted to copy or modify it. Compensation is a completely separate issue from control. It's just that people are so use to the two being tied together that they lack an imagination of a world where an artist is indeed paid but loses control over the work. At it's simplest, instead of suing over copyright, the artists should simply be allowed to sue to be compensated. That's a hell of a lot more natural than the current law.

      --
      These posts express my own personal views, not those of my employer
    31. Re:Will there be a kaboom? by R2.0 · · Score: 1

      Sue who? On what grounds? Who determines the value? By the time those questions are answered, you either get:

      1) Work for hire (capitalist solution)
      2) Government sponsorship (socialist solution)
      3) Aristocratic patronage (subsistence/medieval economic solution)

      We've already done all of them - what's novel about your solution? I mean, I can piss in the snow, scream out "ART!" and hold out my hand waiting for someone to give me money, but all that will get me is a frostbitten pecker.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    32. Re:Will there be a kaboom? by AK+Marc · · Score: 1

      Tell that to the native Americans. Land ownership is a social construct.

      You confused ownership with posession. The Native Americans recognized posession. However, ownership was something they didn't recognize. Stealing was lauded (at least in the tribes I think you are referring to). But the item you stole was recognized to be a posession of someone else, then posession passed to someone else. The "ownership" principal, what the GP was talking about being like posession rights after the item was set down, was not used.

      At worst, you are violently agreeing with the general premise of the GP. Property rights are physical, and non-physical "ownership" like copyright, isn't the same thing. You are just giving an example that actually supports his position that not even persistent property rights exist in all cultures.

      The USA is based on a society that buys into a certain set of premises, of which property ownership is one of them, and a useful one at that. But that doesn't mean it's the only sensible way to run a society.

      I don't see why you are posting to disagree with him when you are actually supporting his point. You sound more like an ass that's playing devils advocate when it isn't appropriate, than shareing a new view. He explained the difference between physical and intellectual property. And you are essentially posting that you don't even agree with physical property. That doesn't invalidate his point at all. In fact, it isn't even related. His point was to diminish the value of IP, and your points support his, even though you are calling him wrong.

    33. Re:Will there be a kaboom? by R2.0 · · Score: 1

      There are TV shows that can't be released in their original form due to music rights.

      The factual way to state this is "there are TV shows that cannot be released in their original form because the parties cannot come to an agreement about how much the licensing will cost". Eventually, this ends up working out. See: Ally McBeal.

      While that may be true for that example, it's not the whole truth. WKRP in Cincinatti (ref. my sig) was delayed for years in being released to DVD, and cannot be found in reruns with the original music. Why? Because the producers literally couldn't FIND some of the rights holders to renew the licensing agreements. So a show that was groundbreaking for it's use of pop music, sometimes in the storyline itself, is almost impossible to see with that same music intact.

      I'm not saying we should blow away the concept of copyright, but it needs some serious rethinking.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    34. Re:Will there be a kaboom? by R2.0 · · Score: 1

      But...but... they aren't artists.

      http://questionablecontent.net/view.php?comic=1529

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    35. Re:Will there be a kaboom? by Knara · · Score: 1

      Still sounds like an administration problem. Plus, if its "groundbreaking pop music" it probably wasn't a matter of "not being able to find the rights holders", but rather, "the rights holders had no interest in talking to them." Popular works rarely have rights holders that are hard to find.

    36. Re:Will there be a kaboom? by Anonymous Coward · · Score: 0

      I love that "DOESN'T EXIST" line.

      It's a portable performance. You're paying to hear the Eagles sing Hotel California. Because of technology you can now hear any band play any song anytime, without having to pay a whole road crew and the band's travel costs to come to your house and set up the gear.

      You can watch a story being played out without hiring all the actors and making some space in the corner of your living room for them. You don't need to give up your guest room for a month prior so they can rehearse, and put up with actors and musicians and all the other temperamental people who come with them.

      The phonograph, the cassette deck, and the MP3 format didn't make anything "NOT EXIST".

      What happy horse shit.

    37. Re:Will there be a kaboom? by Late+Adopter · · Score: 1

      I think you confused my argument. I wasn't attempting to talk about the lauding of taking by force. I was merely demonstrating-by-example GGP's argument that ownership was a social construct, which wasn't made any more innate by scarcity. I was proving that, yes, societies did in fact treat ownership of at least one type of scarce resource differently from modern society. There are other examples (dictatorships, grants from the Crown, what have you). And there are even different types of ownership (people) if you want to get extreme about it.

      I didn't mean to endorse any view on the recognition or rejection of IP, just that scarcity doesn't provide the defining element of guidance in constructing ownership rights in society. There are many arguments based in utility, shared cultural beliefs in the populace, etc, to consider.

    38. Re:Will there be a kaboom? by R2.0 · · Score: 1

      You misread - it wasn't "groundbreaking pop music" but "groundbreaking USE of pop music" It was the first TV show to use the actual rock and roll in the show. For instance, in one scene the station manager walks into the DJ booth during a Pink Floyd song, and asks the DJ if he hears dogs. The DJ, a crusty old 60's reject, says "Yes", which only confuses the manager more.

        As for the rights holders keep in mind that, in a lot of cases, there's both the composition copyright and the performance copyright. And this was also the time when a lot of rock stars were dying and, had you mentioned "estate" to one of them before their death, you would have gotten a reply along the lines of "Oh, yeah - I've got one of those. It's where I keep my guitar collection."

      While WKRP is probably a unique example, it does highlight the absurdities the current copyright system has spawned.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    39. Re:Will there be a kaboom? by DavidTC · · Score: 1

      No, any solution that requires 'suing' is inherently flawed and will not work for the 90% of society that can't really afford a lawyer.

      That said, I agree that we should have compensation without restrictions. I've often argued that people should get full copyright for a certain amount, like 14 years, and then the renewal should give them compensation but not control.

      And then, hell, maybe another step. Maybe after the first renewal, anyone can use your ideas and characters but not your actual images and words.

      Aka, someone could write the last Harry Potter book from Neville's POV, but not republish the originals, or make a movie from the originals. Or make a new Superman movie, or whatever.

      With perhaps some sort of mandatory licensing for small quotes and flashbacks, not totaling more than 10% of the new work. Which, if used, the new author has to go in front of some sort of licensing board to determine, and that percentage of profits go to the author.

      And then after another renewal, another step down, which is just like the last step, except the 10% rule is gone. So you could, in theory, copy and resell Star Wars...although, as that would consist 100% of Lucas's property, he'd get 100% of the profits.

      Which, oddly enough, people would do. Remember that cut of Phantom Menace without Jar Jar? 14 years after the release, people could do that legally. Or, even better, people taking the higher quality digitally remastered A New Hope, and changing it back so Han shoots first?

      It would certainly help on works that were deliberately removed from circulation, like Song of the South.

      And of course, in totally, the renewals would only total 14*3, so only 42 years.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  6. Someone please explain by 140Mandak262Jamuna · · Score: 0

    I thought when the copyrights expire the works pass on to the public domain and everyone has full permission to do anything they want with it. For example there is some ruckus in the evolution-creationism skirmishes because Darwin's The origin of the species is now in the public domain and some character known as the Banana Boy is planning to distribute "annotated" copies of that book in college campuses ( (plural)alumnus= alumni, (plural)campus= campi? no?). So why/how would the heirs get the copyright for themselves?

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Someone please explain by Scutter · · Score: 5, Informative

      The copyrights aren't expiring. There's a provision in the Copyright Act of 1978 that allows the original artist (or their heirs) to terminate a copyright they sold and take it back after 35 years. Seriously, it's in TFA.

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    2. Re:Someone please explain by langelgjm · · Score: 4, Informative
      It's not expiration of copyright, it's a provision in copyright law that allows creators who have assigned their work to a publisher (or label, etc.) to take it back after a set period of time. It was designed to give creators some leverage against publishers - i.e., they wouldn't have to assign their work forever just to get it published. From the article:

      The Copyright Act includes two sets of rules for how this works. If an artist or author sold a copyright before 1978 (Section 304), they or their heirs can take it back 56 years later. If the artist or author sold the copyright during or after 1978 (Section 203), they can terminate that grant after 35 years. Assuming all the proper paperwork gets done in time, record labels could lose sound recording copyrights they bought in 1978 starting in 2013, 1979 in 2014, and so on. For 1953-and-earlier music, grants can already be terminated.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    3. Re:Someone please explain by drinkypoo · · Score: 3, Informative

      I thought when the copyrights expire the works pass on to the public domain and everyone has full permission to do anything they want with it.

      Yes, that's true.

      So why/how would the heirs get the copyright for themselves?

      Because the copyrights are not expiring. I'd explain, but you could just RTFA, which would explain it all. I know this is slashdot, but nobody is here to copy and paste the article for you. Don't be such a lazy ass.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Someone please explain by Oxford_Comma_Lover · · Score: 2, Informative

      Basically the provision was put into the legislation to give the Congresspeople political cover when they extended copyright terms again. This way they pretend to care about the artists (who don't give them as much money as the labels and producers), and because they do that the artists get something out of it. There has already been some litigation on the issue, particularly when the original copyright holder died and there are multiple family members involved in trying to get the revoked rights, IIRC. From the publisher/producer side, they don't think about it as political cover because all that matters to them is that they'll lose the rights unless they renegotiate--and if the artist was successful, the copyright holder is often now in a position to get a much better deal.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    5. Re:Someone please explain by selven · · Score: 2, Informative

      Yes, the Latin plural of campus is campi.

    6. Re:Someone please explain by MiniMike · · Score: 2, Funny

      some character known as the Banana Boy is planning to distribute "annotated" copies of that book in college campuses

      Maybe some people don't believe in evolution because it hasn't happened to them yet? If I seem some one who looks like a neanderthal tossing around poop and copies of a book they dont' understand, I'll steer clear of them. (I would also keep away from someone with just the poop.)

    7. Re:Someone please explain by AP31R0N · · Score: 3, Informative

      If you are speaking Latin, the plural of campus is campi. If you are speaking English, it's campuses.

      http://en.wiktionary.org/wiki/campus
      http://wiki.answers.com/Q/Plural_of_campus
      http://en.wiktionary.org/wiki/campi
      http://boards.straightdope.com/sdmb/archive/index.php/t-151248.html
      http://dictionary.reverso.net/english-cobuild/campus

      Both are valid. Campuses is standard, campi is not.

      *shrugs*

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    8. Re:Someone please explain by Dr.+Evil · · Score: 5, Insightful

      It's not a matter of leverage. By changing the copyright act, they changed deals which were already closed.

      If it was 1970, and I gave you my work for 35 years before it naturally fell into public domain, then in the 1990s, the law changes it to 75, shouldn't *I* have some say about it?

    9. Re:Someone please explain by Anonymous Coward · · Score: 0

      The Dude abides.

    10. Re:Someone please explain by commodore64_love · · Score: 0, Troll

      >>>cord labels could lose sound recording copyrights they bought in 1978 starting in 2013, 1979 in 2014

      I predict a sudden explosion of disco on the oldies radio stations. They won't be able to play that music for free (since it belongs to the artists), but I bet it will be a lot cheaper than what the megacorps are asking.

      On the other hand, maybe Obama will come to the record companies rescue, and alter the law in some fast-track legislation.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    11. Re:Someone please explain by Rary · · Score: 1

      I predict a sudden explosion of disco on the oldies radio stations. They won't be able to play that music for free (since it belongs to the artists), but I bet it will be a lot cheaper than what the megacorps are asking.

      It won't be cheaper because the stations will have to deal with thousands of individual artists instead of a handful of record companies. The administrative overhead will make it no longer worth the effort.

      I'm sure they'll license the songs they absolutely can't do without (e.g. Hotel California will still be on the radio), but they won't bother with the rest.

      On the other hand, maybe Obama will come to the record companies rescue, and alter the law in some fast-track legislation.

      I'm no American, but isn't it Congress that makes laws, not the President?

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    12. Re:Someone please explain by spnz · · Score: 1

      Help me here someone: So if an artist exercises the right to own their music again, who gets the revenues for physical sales of material already on shelves? Surely using the RIAA logic, it's the music and not the media that is governed by copyright? Maybe the volume is too low to consider, but there's a lot of back catalogue stuff out there.

    13. Re:Someone please explain by Rary · · Score: 1

      If it was 1970, and I gave you my work for 35 years before it naturally fell into public domain, then in the 1990s, the law changes it to 75, shouldn't *I* have some say about it?

      No. You sold the copyright. Period.

      If you want control over your copyright in the future, then don't sell it.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    14. Re:Someone please explain by petermgreen · · Score: 1

      Afaict radio stations nearly always pay for the right to air music through thier countries compulsary licensing body anyway so I doubt this will have any impact on them either way.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    15. Re:Someone please explain by Anonymous Coward · · Score: 0

      actually its not "campi", but "campus", pronounced "cam-POOS".

    16. Re:Someone please explain by MBGMorden · · Score: 2, Informative

      The original publisher was already paid for that music by the retailer. What's on the shelf and gets sold is revenue for the retail store at that point.

      Remember the crux of copyright - copyright gives you the legal authority to make copies (or grant that ability to someone else under certain terms). Any CD's produced PRIOR to the licensing agreement being terminted would still be perfectly sellable works because it was the production of the disc and not the sale that is being governed. However, after the agreement ended the publisher would then have to cease production of new discs.

      The only thing that worries me though is when it comes to a single artist (or band), I wonder how difficult it is for them to get their music on multiple services. I mean, sure anybody with sense will get their stuff on iTunes, but though it now lacks DRM and the tracks are usable in Linux, the actual store doesn't work on anything but Mac and Windows. If you want to use other platforms you're stuck with Amazon or other MP3 stores. I wonder how aggressive your independent artists will be getting their digital wares into stores other than the #1?

      I expect some type of service SEMI related to current publishers to crop up eventually that specializes in getting music submitted to multiple digital venues for sale. Unlike the insane agreements of old though, given the power that the author has now I'd expect such services to be more of a 1-time fee for the job rather than usurping their copyrights entirely.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    17. Re:Someone please explain by MickyTheIdiot · · Score: 1

      Help me here someone: So if an artist exercises the right to own their music again, who gets the revenues for physical sales of material already on shelves? Surely using the RIAA logic, it's the music and not the media that is governed by copyright?

      Maybe the volume is too low to consider, but there's a lot of back catalogue stuff out there.

      Watch for quick and non-apologetic hypocritical statements from the industry. And as another poster commented, keep an eye out for stealth changes in copyright law.

      This story makes me want to jump and shout Hallelujah that copyright law is working for the right people for once. But knowing how far in control the corporates are of the government (especially the legislature) right now tempers my glee.

    18. Re:Someone please explain by commodore64_love · · Score: 1

      35 years is too long. That exceeds the lifetime of many artists (from the time they wrote the song to when they die). Look at the Beatles. Many of them died before the thirty-five year timespan ended, and that's just not right.

      14 years (Original 1790 Act) would be better.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    19. Re:Someone please explain by Anonymous Coward · · Score: 0

      "nobody is here to copy and paste the article for you"

      The Copyright Act includes two sets of rules for how this works. If an artist or author sold a copyright before 1978 (Section 304), they or their heirs can take it back 56 years later. If the artist or author sold the copyright during or after 1978 (Section 203), they can terminate that grant after 35 years. Assuming all the proper paperwork gets done in time, record labels could lose sound recording copyrights they bought in 1978 starting in 2013, 1979 in 2014, and so on. For 1953-and-earlier music, grants can already be terminated.

    20. Re:Someone please explain by DMiax · · Score: 3, Insightful

      But a copyright tranfer for 35 years is less valuable than a 75 years one. By simple fairness, if you change the terms of the deal you should allow to renegotiate. And sure as hell if the terms will ever be reduced it will not apply to closed deals.

    21. Re:Someone please explain by characterZer0 · · Score: 1

      I'm no American, but isn't it Congress that makes laws, not the President?

      Technically you are correct. But when one party controls both houses and has the president, Congress will pass whatever non-controversial bills the president proposes.

      And this would be non-controversial - a vast majority of the big campaign contributors would support it.

      --
      Go green: turn off your refrigerator.
    22. Re:Someone please explain by langelgjm · · Score: 2, Informative

      It's not a matter of leverage. By changing the copyright act, they changed deals which were already closed. If it was 1970, and I gave you my work for 35 years before it naturally fell into public domain, then in the 1990s, the law changes it to 75, shouldn't *I* have some say about it?

      There are two different provisions. Look at 17 USC Sec 203. If your work was made after 1978, you have a five year period beginning 35 years after transferring the copyright to decide to terminate the transfer and retain rights to the work.

      If, as you claim, this five year period was put in place for the sake of people who had assigned copyrights before the duration of protection was changed in the 1976 Act, they would not have included the right of termination for works made after 1978. Since the provision applies to works not yet made, it's not changing deals that were already struck.

      The section 304 bit (works made before 1978) uses your logic, but if I remember my legislative history correctly, the section 203 part was at least nominally designed to offer creators better bargaining power against publishers.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    23. Re:Someone please explain by thue · · Score: 1

      I'd explain, but you could just RTFA [wired.com], which would explain it all. I know this is slashdot, but nobody is here to copy and paste the article for you. Don't be such a lazy ass.

      In his defense, the summary did say that the copyrights were expiring. So this is a case of horribly wrong summary.

    24. Re:Someone please explain by Rary · · Score: 1

      But a copyright tranfer for 35 years is less valuable than a 75 years one. By simple fairness, if you change the terms of the deal you should allow to renegotiate. And sure as hell if the terms will ever be reduced it will not apply to closed deals.

      The deal hasn't changed. The deal was a certain amount of money for a current copyright. Period. If, down the road, copyright length gets extended, well that's just a bonus for anyone who holds a copyright. But once you've sold an item for an agreed upon price, the deal is done. If the item sold becomes more valuable after the sale, well, that's the risk anyone takes when selling an item.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    25. Re:Someone please explain by thePowerOfGrayskull · · Score: 1

      The article isn't clear on the specifics, but this write-up explains it well.

    26. Re:Someone please explain by juletre · · Score: 2, Informative

      Kind of. To be pedantic (and I hope I remember my Latin correctly), campi is plural of campus, but only in certain cases.
      In the original sentence he said "in college campuses (campi?)". "In" triggers the ablative case ("ablative of place"), and plural the plural version of this is "-is" [1][2]. So the correct form would be "in college campis".

      So in my opinion he could argue "campus" was now an English word and use say "campuses" in the English fashion, or go Latin all the way.
      Not all Latin words ending with -us is -i in plural. All 4th declination nouns have -us in plural as well. E.g. manus /hand.

      [1] Ablative: http://en.wikipedia.org/wiki/Ablative_case#Latin
      [2] Campus is second declination: http://www.archives.nd.edu/cgi-bin/words.exe?campus

      --
      "he, who has quotes in his signature, is a douche" - unknown.
    27. Re:Someone please explain by afidel · · Score: 1

      The artists and songwriters are the only ones getting paid for music on the radio. The stations pay ASCAP/BMI but pay nothing to the labels. In fact the labels often pay the stations to play their music (payola), but that's more TOP40 then oldies/classic rock.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    28. Re:Someone please explain by DMiax · · Score: 2, Insightful

      I agree that yours is a reasonable point of view. I rest my case based on my interpretation of the copyright law from a non-lawyer POV, aka my ramblings. Read at your own peril.

      The copyright is granted by the state for a limited number of years. The duration is, I would say, established at this point. When the author signed it away he knew it was going to last a fixed time. What did he sign away "the whole copyright I was granted" or "the 35 years of copyright I was granted". At the time there was no difference, so he is given the opportunity to specify now.

      I will partially reiterate, to clarify, using a car. The state grants you a car for your artistic merits, you sell it. The state decides you also deserve a sound system for your car. Who gets it, you or the current owner of the car?

      I think it is unclear, thus the option to renegotiate.

    29. Re:Someone please explain by TheSpoom · · Score: 1

      I expect to see extreme lobbying and a new copyright amendment (possibly to a "must-pass" military spending bill) tabled shortly that removes this restriction. Ironically, it will be presented as "helping the poor artists" who are being "destroyed by piracy".

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    30. Re:Someone please explain by Anonymous Coward · · Score: 0

      shouldn't *I* have some say about it?

      No.

      People who sell a copyright, shouldn't have a say in how the law changes? You mean there's something about selling a copyright, that implies that person, unlike you and me, should not be allowed to talk to their congressman? Maybe they shouldn't be allowed to vote, either.

      You're right, he sold copyright for however long the term happens to be or changes to. And when Congress changes the law on a whim to satisfy Disney lobbyists, we need to recognize that's a pretty goddamn heavy-handed corrupt thing to do. If you're saying he shouldn't be allowed to complain about what Congress does, then seriously: fuck you, commie.

    31. Re:Someone please explain by geminidomino · · Score: 1

      I'm sure they'll license the songs they absolutely can't do without (e.g. Hotel California will still be on the radio), but they won't bother with the rest.

      A good start... now how do we get rid of Hotel California too?

      (Sorry, I just Hate the fuckin' Eagles, maaaaaan</Dude>

    32. Re:Someone please explain by horza · · Score: 1

      Bad analogy, adding a sound system alters the state of the car. An alternative comparison may be leasehold of a property. You can buy a lease on a property, resell the lease to others, but once it runs out then you have to renegotiate a new one with the original owner. This analogy works quite well, as record companies or individuals often purchase the remaining copyright to back catalogs of artists. The length of the lease directly affects the value of the lease. In my opinion it is clear the length of the lease should not be alterable without consent of the owner.

      Phillip.

    33. Re:Someone please explain by Rary · · Score: 1

      People who sell a copyright, shouldn't have a say in how the law changes?

      That wasn't the question. The question was whether they should have a say in what happens with the sold item after it has been sold. Of course they should have a say in changes to the law.

      You're right, he sold copyright for however long the term happens to be or changes to.

      No, he didn't sell it "for however long the term happens to be or changes to", he simply sold it. Period. There is no time length in a sold item. If I sell you a house, I'm not selling a house for X years, I'm selling a house. Period. No matter how long I anticipate the house will remain standing. If you want a time limit on it, then license it, not sell it.

      If you're saying he shouldn't be allowed to complain about what Congress does, then seriously: fuck you, commie

      This was actually one of the funniest comments I've read on Slashdot in a while.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    34. Re:Someone please explain by Knara · · Score: 1
      Interestingly, the rights that are usually signed away by the artist to a major label are for the master recording of the album. The artists, assuming they are also the composers/writers, still retain the copyright to the song itself (i.e. they do not have to pay themselves in order to perform the song live, and money from *published* covers will go to them, etc). They are totally able to re-record those songs and release a new album with those redone, though this isn't very often done due to the cost and the fact that people like the original versions most of the time.

      However, in this case, if there's physical media out there, the retailers have already paid the wholesaler for the copies of the CDs. That money is already in the system, so to speak.

      Who got the money from that depends on who wrote the song, what the contract between the artist(s) and the label states, and (usually) how much money has previously been made by that particular creative work.

    35. Re:Someone please explain by Knara · · Score: 1

      Welcome to slashdot, where headlines and summaries are routinely wrong. Your userid # shows me you have no excuse for not knowing that.

    36. Re:Someone please explain by Seraphim1982 · · Score: 1

      One (Lennon) died before the 35 years was up. Another (Harrison) died after the 35 year window (The Beatles, as most people define them, formed in 1962 George Harrison died in 2001). Even if you only go by who wrote the songs, Harrison (who had a song on Help-1965) still exceeds the 35 year window.

    37. Re:Someone please explain by Anonymous Coward · · Score: 0

      CD Baby does that. They can get your music on iTunes, AmazonMP3, emusic, and a host of other stores, along with being able to produce a physical CD.

    38. Re:Someone please explain by jbengt · · Score: 1

      And the extra money should go to the public, since it's the public domain that's losing out from the extensions, not the artist.

    39. Re:Someone please explain by Anonymous Coward · · Score: 0

      Umm... This is why works that were already under copyright when the 1976 law came into effect could be reclaimed after 56 years. 56 year WAS the old copyright term. And of course musicians reclaiming copyright was why they tried to slip in a change to the "works made for hire" section several years ago.

    40. Re:Someone please explain by mr_matticus · · Score: 1

      No, he didn't sell it "for however long the term happens to be or changes to", he simply sold it. Period.

      Actually, it's not a sale. It's an assignment. The copyright holder assigned his interest for a lump sum, usually to a publisher, with the mutual understanding that the interest would expire in a period of years.

      The amount paid for that assignment is based on a discounted rate of future projected earnings, with termination at a particular time. The creator also assigned the work with the understanding that it would enter the public domain after that time.

      A copyright can be sold, but this isn't that.

      If I sell you a house, I'm not selling a house for X years, I'm selling a house. Period.

      A house does not typically have a term. However, individuals that are granted life estates in property are permitted to sell that. Again, this is an assignment of interest. The purchaser of the life estate does not own the house; s/he owns the use of the house until the life estate ends, at which time it reverts to the designated successor.

      In the case of copyright assignment, the buyer can only purchase the assignment; the public domain holds the reversionary interest

    41. Re:Someone please explain by shking · · Score: 1

      actually its not "campi", but "campus", pronounced "cam-POOS".

      Puss or Poos... I don't know which is more disturbing

      --
      -- "At Microsoft, quality is job 1.1" -- PC Magazine, Nov. 1994
    42. Re:Someone please explain by selven · · Score: 1

      If Latin declension applies then you would have to use it in the singular as well, eg. "I am in the campo".

      As for other declensions with -us, there is:

      genus -> genera
      litus -> litora
      manus -> manus

      I think that's it, although I can't think of any Latin words in English that follow those last two patterns (apparatus, pl. apparatus seems like it might fit into the fourth but Wiktionary says it's from a first/second declension adjective).

    43. Re:Someone please explain by petermgreen · · Score: 1

      There are already services out there that will put your music on multiple digital retailers. cdbaby is an example that often comes up here.

      What I suspect will happen in many cases though is that authors will use the threat of revoking the rights as leverage to get a better deal out of the major labels (in the same way that artists that manage to stay relavent long enough to complete thier first record deal and start a second get a much better deal on thier second).

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  7. the return of 80s rap? by notgm · · Score: 1

    will we see some more innovative sampling, legal enough to go mainstream again?

    1. Re:the return of 80s rap? by Lockblade · · Score: 1

      Nope. The copyright aren't expiring, the original owners just get to take them back if they want to.

    2. Re:the return of 80s rap? by DNS-and-BIND · · Score: 4, Funny

      The term "innovative sampling" has always amazed me. I mean, it's like "military intelligence", "jumbo shrimp", and "journalistic ethics" - the words don't go together, man.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:the return of 80s rap? by imakemusic · · Score: 0, Offtopic

      Go and listen to DJ Shadow, RJD2 and/or Kid Koala.

      --
      Brain surgery - it's not rocket science!
    4. Re:the return of 80s rap? by Anonymous Coward · · Score: 0

      The term "innovative sampling" has always amazed me [...] the words don't go together, man.

      Sure they do, unfortunately most samples used in songs are straight lifts. However, you can use samples creatively just as you can use any instrument creatively.

      Take something like the Doctor Who theme as originally constructed by Delia Derbyshire. The original recording was music concrete, made using open reel 2-track tape machines. The bass line was (I believe) a recording of a metal lamp shade being hit which was then pitched and edited (via tape splicing) into a loop. There are no synthesisers present on the original '63 version, it's all tape manipulation of recorded sounds.

      That recording was (and remains) an example of "innovative sampling" and I don't see how anybody could dispute it.

    5. Re:the return of 80s rap? by commodore64_love · · Score: 1

      Here's an example of innovative sampling: http://www.youtube.com/watch?v=rQa60u1zPdE In my opinion this rap song is better than the original song. Alternatively you could think of the two songs complementing each other (one is the woman complaining; the other is the man apologizing).

      original
      http://www.youtube.com/watch?v=rQa60u1zPdE

      Other favorite sampling songs:
      Will Smith - Wild Wild West http://www.youtube.com/watch?v=4eeyhtlJp5A
      Naughty by Nature - O.P.P. http://www.youtube.com/watch?v=mJgFU3U4X_Y
      Rihanna - SOS http://www.youtube.com/watch?v=4eeyhtlJp5A

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:the return of 80s rap? by commodore64_love · · Score: 1
      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:the return of 80s rap? by DNS-and-BIND · · Score: 1

      It's always more difficult to create original works than to mash together the works of those more talented than you, and call it an original creation. It's like someone coming up with an idea, getting it produced in China, and then watching the substandard copies roll out of shanzhai factories. You get all the criticism, and they get all the credit for being new and fresh (not to mention the profits). A better man might have said "If I have seen further it is only by standing on the shoulders of giants." An entertainer in 2009 might have said "Congratulations Rihanna on your Grammy award win. You have done our country [of](sic) Barbados proud!"

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    8. Re:the return of 80s rap? by commodore64_love · · Score: 0, Offtopic

      Oh what the heck. Here's another example of "sampling". I'm not going to try to claim it's "innovative" but it sure is funny:

      BALTIMORE'S IN THE HOUSE! ;-) Sisqo - Thong Song
      Original version - http://www.youtube.com/watch?v=3o-y5b9Blm8
      MTV clean version - http://www.youtube.com/watch?v=OP3bZZLGBlo

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    9. Re:the return of 80s rap? by blincoln · · Score: 2, Informative

      The term "innovative sampling" has always amazed me. I mean, it's like "military intelligence", "jumbo shrimp", and "journalistic ethics" - the words don't go together, man.

      Please listen to some Skinny Puppy from the 80s, the Plunderphonics album, the collective works of Duran Duran Duran*, etc. Sampling in the right hands is a very effective musical element. Sadly that sort of work isn't done very often anymore, because of the legal barriers that have been created.

      * not Duran Duran, although I like their music too.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    10. Re:the return of 80s rap? by commodore64_love · · Score: 1

      >>>It's always more difficult to create original works than to mash together the works of those more talented than you, and call it an original creation.

      Of course. But the question I always ask myself is - Who Cares? If Will Smith had not created Wild Wild West I never would have discovered the original Stevi Wonder song. Likewise I never heard of Imogen Heap until "Whatcha Say" hit #1 on the charts.

      I see nothing wrong with one artist being inspired by another. Heck even Shakespeare did it. Many of his plays are copies of other existing plays because he said, "I think I can tell the same story better." And he did.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    11. Re:the return of 80s rap? by gbarules2999 · · Score: 2, Informative

      Have you heard ThruYOU? That might change your mind.

    12. Re:the return of 80s rap? by TheLink · · Score: 1

      There's also the "Amen Break":

      http://www.youtube.com/watch?v=5SaFTm2bcac

      1969 - quite an eventful year. 747, Concorde, first man on the moon, first message over the ARPANET, and the release of the "Amen Break" :).

      --
    13. Re:the return of 80s rap? by Idiomatick · · Score: 1

      DaftPunk is entirely samples of music from the 80s but it seems pretty damn popular... Hell people sample daftpunk. Remashing and remixing can be a totally viable form of expression.

      Think of it this way, no matter what you do you'll be rubbing up against someone else's work even if you don't sample them. There are only so many musically pleasing chords and tunes. Repeating them is incredibly common. And that doesn't seem to bug anyone.

    14. Re:the return of 80s rap? by Hatta · · Score: 1

      If Will Smith had not created Wild Wild West I never would have discovered the original Stevi Wonder song.

      That is unspeakably sad. You should listen to great music from the past because it's great music, not because some new hack is using it to further his career.

      --
      Give me Classic Slashdot or give me death!
    15. Re:the return of 80s rap? by sjames · · Score: 1

      Done well, sampling can be innovative. Done poorly, it isn't. Like most things, only a few cases are in the done well category, but they do exist.

    16. Re:the return of 80s rap? by pwfffff · · Score: 0, Flamebait

      Your post is as abso-fucking-lutely stupid as saying 'I dislike like your post because you used no innovative new words, you flockenshnarpet'.

      If I like the beat from a song but loathe the vocals, and if I find a song that samples that beat in a way I find pleasant, then has that product not been improved?

      If at one time in the past the new song did not exist and I had no way to hear it, yet at current moment it does exist to bring me pleasure when the first could not, then hasn't something original been created?

      How deep do I have to bury my head in the sand until I'm convinced that the artist who created the version I actually like didn't perform me any valuable service?

      How big of a boner do I need to get upon hearing the word 'original' in order to drive me to defend something's originality as fiercely as you?

    17. Re:the return of 80s rap? by Myopic · · Score: 1

      I encourage you to watch this as an example of innovative sampling that you might like:

      http://www.youtube.com/watch?v=zSgiXGELjbc

    18. Re:the return of 80s rap? by Anonymous Coward · · Score: 0

      You don't create anything, do you?

      All creative works, musical or not, are based on the work of other people to some degree. That's how INNOVATION works. Someone comes up with an idea, someone else expands on that idea in their own way.... badabing....

      OR. . . . alternatively, we can move further into this musical hell of "copyright police", that further stifles creative progress and keeps every genre imaginable degrading into pure crap . . .

      Are you saying the entire genre of jazz is crap as well? :D

    19. Re:the return of 80s rap? by bill_mcgonigle · · Score: 1

      That is unspeakably sad. You should listen to great music from the past because it's great music, not because some new hack is using it to further his career.

      You may over-estimate teenagers.

      Vanilla Ice turned me on to Queen. A year later I was deep into Classic Rock instead of Pop, quite a trade up. My tastes have evolved since then, but bad music sampling probably moved me a few years up the curve.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  8. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 1, Funny

    Musicians should make music because they work for the people. I think it all comes down to the corrosive influence of Ronald Reagan and his neoliberal sympathies on the couscousness of our generation. Why can't I eat an orange in peace? Because the IRS bought it with their ray guns!

    I see I was not the only person chosen to bring back balance. What's the frequency, Kenneth?

  9. Awesome by SirGarlon · · Score: 5, Interesting

    I did not know about the grant expiration clause written into the 1976 Copyright Act (RTFA to learn more). It's good to know that Congress defined copyrights to actually belong to the artists and they can get them back from the recording companies after 35 years. This sort of restores my confidence in US copyright law. Seriously.

    Of course I think 35 years is too long but that's just a matter of degree. I wonder if the same applies to book publishing contracts.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    1. Re:Awesome by eldavojohn · · Score: 4, Informative

      I wonder if the same applies to book publishing contracts.

      From the article (which no one bothered to read):

      This isn’t just about music. “It’s every type of copyright,” said Bernstein. “It doesn’t distinguish between the types of copyright."

      So it would appear indeed that this would be the same for books, movies, music, etc. Maybe even software? I mean, why not? It'd be impossible to track down the original developers and offer them equal rights to the code but this will have to be dealt soon. And hopefully not in the way they have traditionally dealt with software and copyright.

      --
      My work here is dung.
    2. Re:Awesome by Rogerborg · · Score: 5, Insightful

      What was Written can be Unwritten. Watch for a rider being slipped through on the Protecting Freedom, Goodness and Innocent Children Act 2010. Congress has gotten better at this since the last time they got caught boning creatives over Work For Hire.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Awesome by Jared555 · · Score: 1

      I would assume for software, movies, etc. it would be different as you are being paid hourly to work for the company. Although if you had written software and turned the distribution rights over to microsoft, then it would be affected by this.

    4. Re:Awesome by guruevi · · Score: 3, Funny

      Don't worry, we'll amend the secret ACTA treaty or a new DMCA law to fix this loophole. We'll probably put it as a rider to a 'save the children' act or 'don't kill puppies' law. After all, you're not a stone-cold puppy-killing, child-raping pervert are you?

      Don't worry writing about it to me, I can't read it, I'll be at a Palm Island resort courtesy of Sony/BMG. I'm taking a private jet provided to me by some family with the last name Warner, you know so I can catch up on verifying the funds I got to run for office next year. I really don't know where all those bribes^H^H^H^H^H^H^H donations keep coming from.

      Sincerely,

      Your state representative.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    5. Re:Awesome by jonbryce · · Score: 1

      It is very rare for software copyrights to be assigned to a publishing house. There are companies that will handle the marketing and distribution of software for other people, but they don't generally take ownership of the copyright. They buy additional copies from the author as orders come in. Authors can, and quite often do, sell their software through different distributors in this way at the same time.

    6. Re:Awesome by db32 · · Score: 4, Funny

      No, they will find something they can name like the whole USA PATRIOT crap. For example, the US Internet Safety & Freedom Under Copyright Key Enhancement Doctrine...

      --
      The only change I can believe in is what I find in my couch cushions.
    7. Re:Awesome by Ritchie70 · · Score: 1

      IANAL but.....

      There's a sentence in the article, if I recall correctly, that suggests work for hire isn't covered by this.

      So Disney (indeed all the movie studios) is probably fine; all their properties, except maybe the very oldest that Walt did himself, is unquestionalbly work for hire. And Walt's family is unlikely to ask for the copyright to Steamboat Willie back.

      In most cases, software development would also be work for hire. If a piece of software was independently developed then copyright assigned to a software publisher, then yes, that software probably falls under this. But given the time spans, we'd be talking about things that are for the most part either completely worthless and obsolete or already available for free download.

      --
      The preferred solution is to not have a problem.
    8. Re:Awesome by vadim_t · · Score: 1

      I don't think it's going to be that easy though.

      It's very much in the interests of the artists to have this, including quite a few very well known ones who can easily get a lot of publicity. Also, the whole "but, but, the artists!" thing the record companies like so much isn't really going to fly with the artists being for this.

    9. Re:Awesome by xtracto · · Score: 2, Interesting

      Talking about work for hire...
      FTFA:

      but numerous sources say they [The RIAA] are prepared to take the issue to court. One potential strategy being considered: to claim that sound recordings aren't subject to termination because they were created as "works for hire," making the record companies the legal authors.

      Howdy shit. Does any artist really wants this?
      This just shows how evil record companies are.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    10. Re:Awesome by SirGarlon · · Score: 1

      So it would appear indeed that this would be the same for books, movies, music, etc.

      I guess I should have been more clear: what I meant to say was I wonder whether book publishers actually use copyright assignment or whether it's all "work for hire" these days. (I did RTFA but it doesn't elaborate on the practical details of how publishing contracts are interpreted in the light of copyright law, for media other than audio).

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    11. Re:Awesome by AdmiralXyz · · Score: 1

      It's an intriguing idea, but I can't help but wonder: which pieces of 1970s-era software are you hoping to have access to? When I see code from the 70s my only thought is to get as far away from it as possible.

      --
      Dislike the Electoral College? Lobby your state to join the National Popular Vote Interstate Compact.
    12. Re:Awesome by hazem · · Score: 1

      No, they will find something they can name like the whole USA PATRIOT crap

      I doubt it. The Democrats can't seem of figure this kind of thing out and come up with lame names for otherwise good ideas, like SCHIP.

      I'm sure the new health care law will end up something like Basic Open Health Issue Care for America - BOHICA.

    13. Re:Awesome by AndersOSU · · Score: 1

      Music is a bit of a special case, it's not a work for hire, but the author signs over the copyright to the label. This isn't true for any of the other categories you listed.

    14. Re:Awesome by AndersOSU · · Score: 2, Interesting

      worth noting that the RIAA's influence has also substantially waned since the last time Congress tried to bone the creatives (1999) thus decreasing the motivation for congress to carry their water.

    15. Re:Awesome by afidel · · Score: 1

      Uh, how about the fact that instead these works should be in the public domain as their continued copyright does nothing to promote science and the useful arts?

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    16. Re:Awesome by Anonymous Coward · · Score: 0

      US Internet Safety & Freedom Under Copyright Key Enhancement Doctrine...

      Pure brilliance

    17. Re:Awesome by mounthood · · Score: 2, Insightful

      Maybe even software? I mean, why not?

      So can copyright assigned to the Free Software Foundation be taken back? How would that affect the license that the software was released under? http://www.gnu.org/licenses/why-assign.html

      --
      tomorrow who's gonna fuss
    18. Re:Awesome by Anonymous Coward · · Score: 0

      After all, you're not a stone-cold puppy-killing, child-raping pervert are you?

      You insensitive clod....

  10. Oh dear by bcmm · · Score: 1

    This is a disaster! Record labels will have to find some way of making people pay them for newer content!

    Now, do you reckon they'll make the newer content worth hearing, or do you reckon they'll bribe lawmakers to force us to pay for it whether we listen to it or not (blank media taxation and the like)?

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Oh dear by Anonymous Coward · · Score: 0

      I reckon we'll all just sit around making up shit that may or may not happen in the future and bitch about it.

      Keep your media. I have a ton of vinyl, nearly 1000 CDs, and a few throwaway iTunes downloads. If they want to repackage something I already own, I probably won't be inclined to buy it.

      If they repackage something I don't have, maybe I will spend some coin.

      So what exactly is your point?

  11. Immortality by Anonymous Coward · · Score: 0

    Maybe these aging musicians are realizing that immortality (spreading ones memes as widely as possible) is more important than personal wealth in the greater scheme of things.

  12. Re:Its time to think about the future, not the pas by Sulphur · · Score: 0, Offtopic

    Musicians should make music because they work for the people. I think it all comes down to the corrosive influence of Ronald Reagan and his neoliberal sympathies on the couscousness of our generation. Why can't I eat an orange in peace? Because the IRS bought it with their ray guns!

    You haven't visited the Ray Gun Pyramid.

    Or for that matter the great Neo Library.

    Neo Nacho.

  13. Tables turned by mr_gorkajuice · · Score: 5, Interesting

    Cool stuff. Artists will be giving publishers the same phrase publishers have been giving consumers: "You don't own the music you bought from us - you're just licensed to it"

  14. What I find particularly interesting about this... by jimicus · · Score: 3, Interesting

    There are numerous examples of young musicians signing very one-sided contracts and not fully grasping the implications until it's far too late.

    A few of these have since gone on to become successful and have become rather more careful in their dealings with record companies. Prince immediately springs to mind, as does Courtney Love.

    I cannot help but wonder - does this mean there's an entire generation of musicians who released successful work and got screwed by the record company who are now going back to their label and saying "Er... excuse me... I'd like my copyrights back, please." Could be interesting....

  15. Effect on games, etc.? by Jared555 · · Score: 3, Interesting

    How with this affect any games, movies, etc. that currently have authorization to use the music? Could this be used to require guitar hero, etc. to stop distribution of current versions because the original creator of the music doesn't want it in the game?

    1. Re:Effect on games, etc.? by Rary · · Score: 4, Informative

      How with this affect any games, movies, etc. that currently have authorization to use the music? Could this be used to require guitar hero, etc. to stop distribution of current versions because the original creator of the music doesn't want it in the game?

      It won't. A licensed use of a song can't be retroactively unlicensed just because the copyright changed hands. Once it's licensed, it's licensed.

      However, if the game companies want to use some of the same songs in future versions of the game, they may find themselves negotiating with different people this time, who may have different terms, or may even decide against licensing altogether.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    2. Re:Effect on games, etc.? by FellowConspirator · · Score: 1

      It's wouldn't affect current legitimate licensees. The licensees aren't copyright holders, they're licensees. Once you've been given license to use a copyrighted work, transfer of the copyright doesn't modify or invalidate your license.

      This is why record companies don't transfer copyrights to shell corporations that require you to pay a charge on your existing CD collection. You know that if the record companies could do that, they would have started a long time ago.

      Actually, the threat to MPAA-members is not that they are losing control of the works, but rather the parties gaining control of the works will likely disrupt the MPAA-member's business models even further by indulging in alternative distribution methods / channels, being more generous on licensing, or just being innovative on how they use / profit from the works. The can afford to lose the Eagles, they can't afford for the Eagles to show the world that they can do better than the label and -- *gasp* -- come up with something that resonates with the customers or other artists. That's what they fear.

    3. Re:Effect on games, etc.? by vlm · · Score: 1

      How with this affect any games, movies, etc. that currently have authorization to use the music? Could this be used to require guitar hero, etc. to stop distribution of current versions because the original creator of the music doesn't want it in the game?

      For educational purposes, I found two apparently conflicting short sentences, a very tiny part of a very long public web page written by an attorney on this topic, and my criticism is I do not see how it explained this conflict. My guess, is this is one of those situations where it appears pretty vague in American English, but using precise legal definitions its crystal clear?

      "Despite termination, the right to continue to exploit previously-prepared derivative works (e.g., a motion picture based on a book) may be immune, or safe from termination."

      "That is, after transfer of rights in the underlying work is terminated, the owner of the derivative work (e.g., motion picture version of a novel) has no right to continue exploiting the work in any manner."

      http://www.copylaw.com/new_articles/copyterm.html

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    4. Re:Effect on games, etc.? by Jared555 · · Score: 1

      In response to multiple posts saying you can't unlicense the music, etc. Here is another question:

      If it is licensed under terms where a certain percentage of sales goes to the record company in exchange for the song, or a certain percent of movie sales goes to the publisher of the book...

      Will the record company/publisher/whatever still be getting paid even though they no longer hold the rights to the work, or will whoever it is licensed to be required to pay the original author/artist?

    5. Re:Effect on games, etc.? by vlm · · Score: 1

      they can't afford for the Eagles to show the world that they can do better than the label and -- *gasp* -- come up with something that resonates with the customers or other artists.

      Well, aside from all the fluffy "show the world their artistic resonators" or whatever, what they can't afford is to show future musicians that the Eagles are better off without the label, and by implication they would be better off without the label.

      We may be facing a future where the major record companies only produce garbage from talentless musicians (err, this already happened years ago?).

      Rather than the label being the gatekeeper of good music, they will become/have become the strong indicator that the music is bad? Kind of like anything you see on free network TV?

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    6. Re:Effect on games, etc.? by vlm · · Score: 1

      Will the record company/publisher/whatever still be getting paid even though they no longer hold the rights to the work, or will whoever it is licensed to be required to pay the original author/artist?

      Oh that's easy, all the money will go to the lawyers, and/or bribes to congress to get the law changed.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    7. Re:Effect on games, etc.? by Chaos+Incarnate · · Score: 1

      Even in English, I think it's pretty clear. If you sell the copyright on a novel to another company, and they make a movie ("derivative work") based on the book, after termination of the copyright to the book the company won't be able to make a second movie. However, they can continue to sell ("exploit") the movie made while they held the copyright ("previously-prepared derivative work", having been made prior to the termination).

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    8. Re:Effect on games, etc.? by Anonymous Coward · · Score: 0

      How with this affect any games, movies, etc. that currently have authorization to use the music? Could this be used to require guitar hero, etc. to stop distribution of current versions because the original creator of the music doesn't want it in the game?

      It won't. A licensed use of a song can't be retroactively unlicensed just because the copyright changed hands.

      You missed the point, hand back your GPL-card because this is the exact point that the GPL pivots upon. While the game, movie, etc. publishers won't have to send back copies they have already produced they would have had to stop making (and therefore stop selling) new copies of the existing games once the copyright was taken back.

      I say "would have" because TFA points out that the Act in which this was embedded also included an explicit exception for derivative works such as movies (in-game use would fall in the same bucket).

    9. Re:Effect on games, etc.? by Kirijini · · Score: 1

      Could this be used to require guitar hero, etc. to stop distribution of current versions...?

      This is a great question.

      Here's the law (Title 17, Section 203):

      (a) Conditions for Termination.—In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:
      ---blah blah blah---
      (b) Effect of Termination.—Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors... etc etc... but with the following limitations:
      (1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.
      ---blah blah blah (read it yourself if you want to see the rest)---

      The key question would be - is Guitar Hero a derivative work?

      Section 101 defines derivative work:

      A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.

      I don't know. Seems like it could go either way. Certainly, the early Guitar Heroes that used covered versions of the song wouldn't be affected - those are clearly derivative works of the original song. But what about Guitar Heroes that use the original recordings? Maybe, since whether the whole song plays is dependent on what the player does, it's a derivative work. It's been "adapted," arguably... but do those transformations "as a whole, represent an original work of authorship"? probably not.

      I would actually lean towards the answer: Guitar Hero is vulnerable to having its license terminated. I don't think the Eagles could do that until 35 years after the contract was signed by their publisher, though. As others have indicated, transfer of ownership of a copyright wouldn't affect existing licenses.

    10. Re:Effect on games, etc.? by Anonymous Coward · · Score: 0

      You are wrong. Either they have a license that allows them to create copies, or they have to get a new license for each copy they create.

      Only in the latter case it would turn out like you said. They just couldn't get new licenses.

      In the former case they have the license to create copies. This license can only be revoked by the terms in the license. If there is nothing stated about expiration or something then they have this license forever and are allowed to make copies forever.

      This is why nobody can steal BSD licensed code, not even the author himself. Once you have a license you don't need permission of anyone to do what the license allows you to do.

    11. Re:Effect on games, etc.? by Kirijini · · Score: 1

      Whoops, I take it all back.

      Section 203(a) clearly states: "...the exclusive or nonexclusive grant... executed by the author... is subject to termination..."

      The Copyright Act clearly distinguishes between the "owner" of a copyright and the "author" of a work. The Guitar Hero licenses were made by the owner of the copyright, the publisher, not the author of the work, the Eagles. Hence, no termination, now or ever.

    12. Re:Effect on games, etc.? by Anonymous Coward · · Score: 0

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

      "WTF?! Sure as hell I can!" -- Werner Heisenberg

  16. hear is a novel idea by Anonymous Coward · · Score: 0

    perhaps they should start producing good music again rather then autotune every pretty face.

  17. Making the summary not completely backwards by dkleinsc · · Score: 3, Insightful

    At a time when the public hasn't gotten anything added to the public domain since the 1920's, the first thing they need is for valuable copyrights from the 50's, 60's, and 70's, much of which is still loved by music fans of all ages. Thankfully, the wheels are already in motion. ... The Eagles plan to file grant termination notices by the end of the year.... 'It's going to happen,' said [an industry lawyer]. 'Just think of what the Eagles are doing when they get back their whole catalog. They don't need a record company now... You'll be able to go to Eagles.com (currently under construction) and get all their songs. They're going to do it; it's coming up.' ...If the musicians' best strategy to make use copyright grants or renegotiating them at an extreme advantage, they're in for a quite lucrative ride.

    Seriously, the summary would suggest that this is bad news. It's in fact good news for everyone but record companies.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
    1. Re:Making the summary not completely backwards by SirGarlon · · Score: 1

      The summary was just copied-and-pasted from TFA, which is apparently written from a slant that it is bad news.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    2. Re:Making the summary not completely backwards by Frankie70 · · Score: 1

      Seriously, the summary would suggest that this is bad news. It's in fact good news for everyone but record companies.

      Sure - this is bad news for the record companies.
      But how is this good news for anyone except the artists?

  18. This is awesome. by Arancaytar · · Score: 1

    Goodbye, record labels.

  19. Re:What I find particularly interesting about this by AP31R0N · · Score: 3, Interesting
    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  20. all i needed to know by Anonymous Coward · · Score: 0

    is the date this will happen and when the music is from 1978

    1. Re:all i needed to know by matria · · Score: 1

      I'm really bad at math, but even I can figure 1978 + 35 = 2013.

  21. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 1, Insightful

    Musicians work for the people??? What, are they civil servants now?

  22. This needs a campaign by LihTox · · Score: 2, Insightful

    I'm not volunteering to run it, mind you, but this calls for a campaign directed at the artists, to encourage them to get out from underneath the RIAA's thumb. Extol the merits of Creative Commons, of self-publishing, etc. Set up a website keeping track of those artists who've reclaimed their copyright, and cheer with each new name. It looks like there is a time limit on this, and some of the artists might not hear about it or might not think it's important.

    It won't work on everyone, and some artists might be just as bad or worse than the RIAA, but overall the more copyrights the RIAA loses, the better it will be for everyone (except them).

  23. Speedy Wheels of Justice by ObsessiveMathsFreak · · Score: 1

    The Eagles plan to file grant termination notices by the end of the year.

    And I look forward to seeing the case conclude by the end of my lifetime.

    --
    May the Maths Be with you!
    1. Re:Speedy Wheels of Justice by Anonymous Coward · · Score: 0

      The Dude: Jesus, man, could you change the channel?
      Cab Driver: Fuck you man. If you don't like my fuckin' music get your own fuckin' cab!
      The Dude: I had a rough...
      Cab Driver: I pull over and kick your ass out!
      The Dude: Come on, man. I had a rough night and I hate the fuckin' Eagles, man!

  24. I love this part of the article... by rrossman2 · · Score: 3, Informative

    The second option is to re-record sound recordings in order to create new sound recording copyrights, which would reset the countdown clock at 35 years for copyright grant termination. Eveline characterized the labels’ conversations with creators going something like, “Okay, you have the old mono masters if you want — but these digital remasters are ours.”

    Labels already file new copyrights for remasters. For example, Sony Music filed a new copyright for the remastered version of Ben Folds Five’s Whatever and Ever Amen album, and when Omega Record Group remastered a 1991 Christmas recording, the basis of its new copyright claim was “New Matter: sound recording remixed and remastered to fully utilize the sonic potential of the compact disc medium.”

    You know damn well if you tried this yourself, the RIAA would be all over your ass

  25. Work for Hire by mdmkolbe · · Score: 4, Informative

    What you are describing is called "work made for hire" and in those cases the employer is considered the author. So for example, developers working for a software company could not come back 35 years later and cause trouble because it would be the software company that is legally considered the author and not the developer.

    See 17 USC 101 (definition of what qualifies as "work made for hire") and 17 USC 201(b) (about how "work made for hire" relates to authorship).

  26. Re:"GIVE ME MY MONEY" by drinkypoo · · Score: 1

    arch liberals Don Henley and Babs scream "GIVE ME MY MONEY...." That's too funny.

    Since a liberal is someone who wants personal freedoms protected but business regulated, I don't get the joke.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  27. Re:Its time to think about the future, not the pas by beerbear · · Score: 1

    Hm couscous...tasty!

    --
    Hold my beer and watch this!
  28. Houston... we have chickens... by Sfing_ter · · Score: 1

    Houston? We have chickens, and it looks like they are coming home to roost.

    Karma is such a fun toy.

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  29. Re:Its time to think about the future, not the pas by Runaway1956 · · Score: 1

    Musician work for the people who enjoy music. They shouldn't be whoring themselves to corporate America, which only rapes the musicians AND the music lovers.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  30. Re:What I find particularly interesting about this by Sfing_ter · · Score: 1

    When making a statement (young musicians), it is usually proper to list some examples... oh wait, you didn't say TALENTED YOUNG MUSICIANS, whew...

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  31. Round of Applause by flyneye · · Score: 1

    Lets have a round of applause for music. It's going to escape its captors , the music industry, when they die.
    Musicians need an industry like fish need bicycles. Musicians will thrive on their own and actually make some money.
    Don't get me wrong, the way we find music is going to change. Change is good. No one with any brains will copyright music unless it's GPL like.
    Musicians can still get paid for commercial use or just toss it to the world. Revenues from touring will go to the band instead of thieving middlemen and the band can pay for whatever services they require,pocketing the rest.
              Quality? Let's think about what happens to art when it's industrialized. You get mass produced paintings to hang in trailer houses, yet there are still talented artists selling their unique paintings individually worldwide. Here the industry is largely ignored because talented artists haven't been made to rely on an industry or face obscurity.
            So, people of the world, keep on doin what you can to kill the music industry, soon something wonderful is going to happen.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    1. Re:Round of Applause by Anomalyst · · Score: 1

      mass produced paintings to hang in trailer houses

      I sense an insensitive clod's thinly veiled smear campaign against the whole dogs playing poker series.

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  32. Re:Obligatory by Anonymous Coward · · Score: 0

    Offtopic? The summary states "the wheels are in motion".

    My comment is that while they say "wheels are in motion", I don't believe anything will really happen, like in the Seinfeld episode. Just wait and see.

  33. They're not RIAA by Mathinker · · Score: 1

    If they overprice their wares, their market will find substitutes, either legal or illegal, elsewhere. And if they stupidly decide that they want to start suing file sharers, they are in a much worse position than RIAA, since RIAA saves tons of money by using a single contracted "media investigator", and by sharing expert witnesses and other info between all of their legal cases.

    1. Re:They're not RIAA by sconeu · · Score: 1

      Did you Pay Lars yet?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  34. Usage rights by phorm · · Score: 1

    IANAL, I'd that the usage rights would continue under whatever contract was made for them, similar to other situations where a company has sold a resource or rights to it, and then the ownership of the company itself changed.

  35. depends on why copyright exists by a2wflc · · Score: 1

    One theory is that exists so the artist can get government protection of their work for a time, and in return work is entered into public domain when the time expires.

    By that theory, my tax dollars (FBI, courts, etc) are used to protect your work for a set amount of time and I do have the right to demand that your works are released when the time expires.

    1. Re:depends on why copyright exists by Anonymous Coward · · Score: 0

      "By that theory, my tax dollars (FBI, courts, etc) are used to protect your work for a set amount of time and I do have the right to demand that your works are released when the time expires."

      My tax dollars are being used to protect your house and bank accounts.

      After X amount of years, lets say 7 for the sake of the constitution, I get to own what ever you own.

      You can use fancy arguments saying that it is wrong and that physical property is different because it is a limited resource, but if so, why should YOU be allowed to have sole discretion over who has access to that limited property?

      If you want to have a communist society, just say so up front. That's what this argument is about, public ownership of private goods. All ownership is artificial, but it is also beneficial to some extent to society. To argue anything else without overthrowing all ownership is disingenuous.

      (Personally, I could go this route...share and share alike works well for me...I moved out of a career that paid pretty fucking well, for one that pays practically nothing...what I do have is entirely based on the good will of those around me).

    2. Re:depends on why copyright exists by R2.0 · · Score: 1

      "If you want to have a communist society, just say so up front. That's what this argument is about, public ownership of private goods. All ownership is artificial, but it is also beneficial to some extent to society. To argue anything else without overthrowing all ownership is disingenuous.

      (Personally, I could go this route...share and share alike works well for me...I moved out of a career that paid pretty fucking well, for one that pays practically nothing...what I do have is entirely based on the good will of those around me)."

      And you're not bitter about that. Not one little bit.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    3. Re:depends on why copyright exists by Anonymous Coward · · Score: 0

      "And you're not bitter about that. Not one little bit."

      I am a bit bitter about this. This is where society fails to support the people that are promoting it.

      Face it, MUSIC does not do a fucking thing for society except let them forget their ills for a few minutes. It is inconsequential. This is one of the main reasons I don't see a fucking reason to try to take it away from its owners. You want to take something that someone has lovingly crafted away from them and decide that it isn't theirs to have a moral decision about.

      On the other hand, I work with kids these days. I find ways to fix them. I work in an institution dong research as well as going into the field helping kids. And it pays absolutely nothing. Not 'in comparison to what I was making in music', but honest to god poverty line. Why do I do it? Because I decided that it was far more important to do something I believed in as opposed to making inconsequential music and making a lot of money doing so.

      I have friends that are school teachers that live under the poverty line as well. They are abused by their students and harassed by the parents, and the tax payers all act as if they are sucking at the teat of public wellfare. Most could move to private schools where they'd make more money, but realize they would not be able to help the kids that need it the most.

      I have friends that have half a million $$$ is medical school loans that are general physicians that make $180k a year, but unfortunately, $100k of this goes to malpractice. The rest? Pretty much goes towards paying off their loans. On paper, it looks nice. In reality? Not so much. They choose a 'non-specialized' field (which is actually pretty damn specialized) because it offered the greatest amount of good towards society.

      As a musician, I saw a lot of people waste tons of money...and then blame the labels and everyone else for their not reading their contracts. What? That $10k you gave me a few weeks ago as an advance that I wasted on blow? I have to repay that money??? Musicians are rarely screwed by their labels, they are screwed by their own ignorance.

      But I've seen musician after musician waste their money on items that mean absolutely NOTHING, and society thinks its right to give them all the money and respect.

      The parts of society that actually do something and have to work their asses off to ensure that society is benefitted get absolutely nothing.

      The more you fucking bitches put musicians on pedestals as if their work is ground breaking and their output is paramount to society and you absolutely DESERVE to have it no matter what? You are the problem. Music is inconsequential to society as a whole. Sure, I still make it and as an artist, I love making music. I have no belief that I am doing anything more than rhyming spoon and june and moon to a couple of simple chords.

      Why should music be protected and the domain of the artist to do whatever he fucking believes? Because it is inconsequential and your fucking culture needs to stop being sheepish consumers and go out and make your own music and stop living other peoples lives as if yours isn't good enough.

      I think that is a proper bitter response!

  36. He sold it for 35 years by Anonymous Coward · · Score: 0

    He sold it for 35 years, so they get to KEEP it for 35 years.

    If, after the deal, the deal changes, then like any contract when the terms change they can re-negotiate. If there's no extra money for the artist, why is that? Either

    a) the extra 40 years isn't worth anything

    or

    b) the publisher is getting a freebie

    in the first case, why extend copyrights, then? In the second, that's unjust enrichment. Rather like "piracy" is "theft" because they have something for which they haven't paid for. In the case of P2P, the music/movie/game, in the case of the recording labels, longer monopoly.

    1. Re:He sold it for 35 years by Rary · · Score: 0, Troll

      He sold it for 35 years, so they get to KEEP it for 35 years.

      No he didn't. He sold it. Period. You can't sell something for a period of time. If you sell it, it's sold.

      He sold it with the belief that it would be in the public domain after 35 years, and then the rules changed. Oh well. That's life. He still sold it, and has no reason to complain about what happens to it after he sold it. Again, if he wanted to retain control, then he shouldn't have sold it.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    2. Re:He sold it for 35 years by Dr.+Evil · · Score: 1

      It's the expectation that after 35 years, it would be contributed to society, and not locked in some money making vault long after you're dead. To me, that's a renegotiation of the contract.

      It's the fault of the government for making unilateral retroactive copyright changes.

  37. In the future this will be known as... by ultral0rd · · Score: 1

    In the future bands will refer to this as the "old musicians retirement fund"

  38. Let me add a factoid: by Anonymous Coward · · Score: 4, Interesting

    The music biz has known for at least seven years, probably more like a decade, that they were heading for dire straits exactly because they couldn't be arsed to sign up new talent (which takes some 10 years to mature as that is what humans need to become really good at something; compare "break through" stories, all the mainstay big names needed it, even child-prodigy Mozart), and instead chose to hash up previous fare with some one-shot novelty sauce. You know, having some young'uns re-do big hits, re-use golden oldie themes with an obnoxious beat, that sort of thing. Or selling "gangsta rap"; selling bad sex, worse drug abuse, and 'hood kill-thy-brother glory across the world. Originally that was music made by black slum schlemiels to get out of just such gangland.

    The seven year figure because I attended ADE 2002 where all the european dance music bigwigs attended and they had it spelled out to them in various panels and presentations. Piracy has nothing on corporate greed and stupidity. I have no sympathy for the big publishers.

  39. Re:Its time to think about the future, not the pas by crmarvin42 · · Score: 4, Insightful

    Musicians have several options, it's not like you have to sign with an oppressive record label if you don't want to. Often you make far more money if you do, so most musicians bite the bullet and sign on the dotted line. That is their choice to make. I'm always hearing interviews on NPR with musicians that are reasonably successful without signing onto a big label. It can be done, it's just harder work to get your music out there.

    Both the record label and the musician are out to make money. The musician is the ultimate arbiter of how much they are willing to sacrifice for the easy money that the label is promising. While I'm not a fan of most record label tactics, I don't hold them solely accountable for their actions. If they didn't have so much desirable content, they wouldn't be able to be such dicks and get away with it. They don't create content, the musicians do. So, in my eyes they are equally culpable for the likes of the RIAA.

    No one is entitled to the millions of dollars that some musicians can pull down. That they are willing to sell their soul for that possibility says a lot more about their character, than about the character of those purchasing said soul. No one in this day can honestly say that they didn't know the reputation labels have for screwing over musicians. If you enter into contract with them it is at your own peril.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  40. Re:Welcome to the Hotel California by Anonymous Coward · · Score: 0

    They can check out any time they like, but they can never leave.

  41. Re:Its time to think about the future, not the pas by theIsovist · · Score: 1

    I would argue that musicians work for whatever they want to work for. Some do it for the prestige, some do it for the money, some do it just for the sake of making music. They don't work for the public, they may only attempt to please the public. They may work for a label that's controlling or for one that allows creative freedom, again, it's not for the public. And as for the rant on corperate america, there are music companies in other countries that exist solely for profit, and there are companies in america that aim to allow creative freedom. please educate yourself before you start with the broad statements again.

  42. Welcome to the latest instalment... by bonze · · Score: 2, Interesting

    ... of Lola vs. Powerman and The Money-Go-Round!

  43. Re:What I find particularly interesting about this by Fred+IV · · Score: 4, Informative
    Good read in the linked article from parent comment...

    Last November, a Congressional aide named Mitch Glazier, with the support of the RIAA, added a "technical amendment" to a bill that defined recorded music as "works for hire" under the 1978 Copyright Act.

    He did this after all the hearings on the bill were over. By the time artists found out about the change, it was too late. The bill was on its way to the White House for the president's signature.

    That subtle change in copyright law will add billions of dollars to record company bank accounts over the next few years -- billions of dollars that rightfully should have been paid to artists. A "work for hire" is now owned in perpetuity by the record company.

    Under the 1978 Copyright Act, artists could reclaim the copyrights on their work after 35 years. If you wrote and recorded "Everybody Hurts," you at least got it back to as a family legacy after 35 years. But now, because of this corrupt little pisher, "Everybody Hurts" never gets returned to your family, and can now be sold to the highest bidder.

    Over the years record companies have tried to put "work for hire" provisions in their contracts, and Mr. Glazier claims that the "work for hire" only "codified" a standard industry practice. But copyright laws didn't identify sound recordings as being eligible to be called "works for hire," so those contracts didn't mean anything. Until now.

  44. I have but one phrase for RIAA by Anonymous Coward · · Score: 0

    We got the beat we got the beat WE GOT THE BEAT YAHHHH

  45. Re:What I find particularly interesting about this by theskipper · · Score: 1

    Wow, that was extremely insightful/informative even after 9 years. Thanks for posting the link.

  46. This should be anticipated by the music industry by Device666 · · Score: 1

    I would be seriously surprised if the music industry didn't see this one coming and isn't busy trying to avoid losing copyright grants. Maybe they even simply can't ovoid losing grants for those cases where the artist is deceased. It's very good that those companies lose copyright grants: material can now be archived and used for personal use or the sake of studying history.

  47. curent copyright law is morally indefensible by circletimessquare · · Score: 0, Troll

    it is your duty to not ignore current copyright law, but to do your best to actively destroy it. current copyright law impoverishes us culturally with ridiculous restrictions on the flow of culture simply for the sake of creating a business model for a business which isn't even necessary. current copyright law was meant as a gentleman's agreement amongst large media players sipping mojitos in oak paneled rooms, never meant as a bully club against the general public

    until such time that copyright provisions return to normalcy: 5-10 years of protection for the creators only, and until such time that publishers are rendered economically untenable, it is your duty as a moral person to not ignore copyright, but to do as much economic damage as possible to the parasitic businesses known as publishers

    they were a necessary evil in the pre-internet world. in the internet world, publishers are simply evil, having been rendered redundant by simple technological progress

    it is time to wipe publishers from the face of the earth with a prolonged campaign to reduce their financial inflows to zero

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  48. Derivative Work? by JSBiff · · Score: 2, Interesting

    Seems to me that the problem with that is that the 'new recording', while it does have a second copyright, is still subject to the original copyright because it is a derivative work, right? So, the record company *might* hold the copyright on the derivative, but without permission from the primary copyright holder, they have no right to distribute the derivative work, I think? IANAL, so if I'm wrong, someone please correct me.

  49. Re:"GIVE ME MY MONEY" by tjstork · · Score: 1

    Since a liberal is someone who wants personal freedoms protected but business regulated, I don't get the joke.

    Both tend to be people who campaign on policies about the excesses of the rich and for redistribution of wealth. They argue that those who have money and seek it are somehow sinning, and yet, when it comes to their stack, they are just like any oil company.

    --
    This is my sig.
  50. Re:Its time to think about the future, not the pas by gnick · · Score: 1

    I would argue that musicians work for whatever they want to work for. Some do it for the prestige, some do it for the money, some do it just for the sake of making music.

    I can only speak for myself here...

    But I did it all for the nookie.

    --
    He's getting rather old, but he's a good mouse.
  51. Could someone please explain why this happened? by Jiro · · Score: 1

    Okay, now I'm puzzled. I was aware of the 56 year issue, because of the heirs of Jerry Siegel reclaiming the copyrights to Superboy and Superman. The 56 year one has a clear justification: the copyright term was 56 years, but new laws added extra time to the copyright past that. The creator originally thought he was just selling the copyright for 56 years, so the extra time that we added could just as well go to him as to the guys he sold it to.

    But where's this 35 years for works after 1978 coming from? I mean, it's there in the law, but it's not obvious where it's coming from.

    1. Re:Could someone please explain why this happened? by Fritz+T.+Coyote · · Score: 1

      The real goal of the copyright extensions has been to keep The Mouse(tm) from ever entering the public domain. DisneyCorp(tm)(or whatever alias they are operating under) will unleash hordes of lobbyists armed with bags of cash to insure that the extensions continue, so long as they have the power to do so, or until The Mouse(tm) no longer has enough market value to be worth protecting (don't hold your breath). The shorter protection for newer stuff is a compromise, as the corporate masters don't really care about anything new.... yet. I suggest reading the Spider Robinson short story: _Melancholy Elephants_.

  52. Semantically obvious by Anonymous Coward · · Score: 0

    It wouldn't be a time bomb if it wasn't 'set to go off'.

  53. Power to the artists by Anonymous Coward · · Score: 0

    Sounds like a good place for OSS to step in and offer a secure downloadable-media sales component for websites. Make it easier for young/indie bands to sell their tracks right from their site and allow the bands with 70-year-old members a cheap way to supplement their social security checks.

  54. How I learned to quit worrying and love the bomb. by argent · · Score: 1

    This isn't a time bomb, fellows, it's a love bomb. Quit worrying and learn to love it.

  55. Re:Its time to think about the future, not the pas by Runaway1956 · · Score: 2, Insightful

    Yeah, yeah, whatever. The central issue is copyright law. Historically, whatever an individual or corporation creates is eventually coopted into the public domain. The central question is, when should that happen? Should copyright entitle someone to a monopoly on his idea for five years, ten years, 15 years, or 20 years? Bear in mind - NO SANE COPYRIGHT was ever intended to entitle an author to a steady income for generations to come. Only since corporations came into the picture have copyrights been extended again and again. Corporations have no "life expectancy" comparable to an individual. In effect, the entire reasoning for a copyright has been preempted by the corporations. The goal is to have a copyright continue into perpetuity, so that those corporate fatcats can continue cashing checks forever.

    Rant on corporate America? I didn't - yet. Would you really like me to get started on one? Perhaps you are completely unaware of the recent financial meltdown, due to unbridled greed? Maybe you're not up to date on banking schemes that are raising the interest rates on loans that have been outstanding for years? Oh man, you really don't want to get me started on a real rant.

    But, back to those artists. Yes, they work for people. No matter whether the money is channeled through a corporation or not, the PEOPLE who like their music pay them. What the people don't like, they don't pay for, and what the people like, they will pay for. It's really that simple. And all of those creative works are supposed to belong to the people, eventually.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  56. Re:Its time to think about the future, not the pas by Knara · · Score: 0, Flamebait

    But, back to those artists. Yes, they work for people. No matter whether the money is channeled through a corporation or not, the PEOPLE who like their music pay them. What the people don't like, they don't pay for, and what the people like, they will pay for. It's really that simple. And all of those creative works are supposed to belong to the people, eventually.

    Well, no, because music licensing can utilize revenue streams from a variety of sources, not just people who buy records/songs.

    But you'd know that if you had any idea what you were talking about and weren't posting this from your dorm room before heading off to Phil 101.

  57. Re:Its time to think about the future, not the pas by Runaway1956 · · Score: 0, Offtopic

    Dorm room? Oh please, can I have one? Look, youngster, at my name. See the 1956? That was the year of my birth. Don't even try to talk down to me, it makes you sound stupid.

    As for those revenue streams - so fucking WHAT? Again - 5 or 10 years is long enough for copyrighted material to be monopolized by ANYONE. Music written and performed in 1999 should now be in the public domain. You want 15 years? Convince me - I might agree.

    Copyright law is an abortion, no matter how many ways you have of making money from the copyright.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  58. Re:"GIVE ME MY MONEY" by drinkypoo · · Score: 1

    Most of those typically currently labeled as liberals and conservatives are actually populists. The self-applied labels and those of corporate media don't change their actual tendencies.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  59. musicians finally get their music back by johnrpenner · · Score: 1

    musicians finally getting their music back -- its about frickin time...

  60. Why is Publishing So Complicated? by Anonymous Coward · · Score: 0

    I am an artist (musician for this discussion). As my "publisher" I grant you permission to print 10,000 CD's @ $3 each for my royalty, payable now. After you have sold said 10,000 copies you may contract with me to print another 10,000 copies at my rate of $3 each, again paid in advance.

  61. Re:Its time to think about the future, not the pas by Rob+the+Bold · · Score: 1

    Musicians work for the people??? What, are they civil servants now?

    Yes, I know what you meant, but isn't everyone who gets paid ultimately working for the people, at least in the most liberal interpretation of that phrase? Even that motivational speaker who reminds me of Larry the Cable Guy encourages entrepreneurs and business people to have the mindset of "serving others"? And he's pretty conservative, just like Jesus told us to be.

    (p.s. Thanks google: Larry Winget. Quote:

    "Money is the result of serving people well. Serving people is an honorable thing. Money is the result of hard work. Hard work is honorable. Having money is a wonderful thing in your life. It pays for college for your kids. It pays for healthcare when you and the people you love get sick. It takes care of your mom and dad when they get old and need help. It feeds the homeless and helps those who are less fortunate. It pays your taxes to build roads and provide fire and police protection. It is to be appreciated, saved, invested, and ENJOYED. ")

    --
    I am not a crackpot.
  62. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 0, Funny

    /. coolness derives from your UID, not your DOB. 4 digit owns 7 digit... hopefully, you are old enough to understand this.

  63. Re:Its time to think about the future, not the pas by biryokumaru · · Score: 1

    I did it all for the cookie.

    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  64. Re:Its time to think about the future, not the pas by Knara · · Score: 1

    Yeah, obviously I will take you at your word that your nick is a reflection of your true nature AND that you're being truthful. Look at me go!

    I don't need to convince you. You need to convince the US Congress and SCOTUS that it should be different than it is now. I happen to agree with them.

  65. It's called Rights Reversion, M**F***ers! by Dragoness+Eclectic · · Score: 1

    Oh noes, the records industry might have to let the ORIGINAL CREATORS have the rights to THEIR OWN WORK again! The sky is falling, whatever shall we do? I know, let's whine to Congress that we'll die if we can't continue ripping off musicians for all eternity! /sarcasm off

    So musicians are finally getting what every sensible writer has written into his contract from the get-go--rights revert to the author after X years, or Y years out-of-print? Dang, I can see where music company accountants might be feeling the pain... they might actually have to re-negotiate to pay the creators what their copyrights are worth... and now these guys are big enough they can hire agents and lawyers that negotiate less one-sided contracts.

    I feel so bad for the music companies, I really do. That's why I'm laughing so hard at this. Geez, did Wired really need to publish a one-sided article obviously written by an RIAA lawyer?

    --
    ---dragoness
  66. Indeed, still a business model by KingAlanI · · Score: 1

    To buy in bulk and pass along (some of) your bulk discount.
    But not the ridiculous money cow they have now.

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  67. Sampling: another tool in the musician's toolbox by KingAlanI · · Score: 1

    Like any tool, it can be used well, it could be used badly.
    Not (yet?) into 80s rap, but I do have some music that makes good use of samples.
    K. Flay's "MASHed Potatoes" comes to mind, but it happens to use all (as far as I can tell) recent samples what wouldn't be affected by this

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  68. Cheers! by Anonymous Coward · · Score: 0

    Here's to the obliteration of the entire music industry as we know it!

    I may actually start purchasing music again, if I know it's going to the actual people who wrote it, rather than to pay a bunch of scumbag corporate lawyers who sue little old ladies, penniless college students, and 12 year old children for millions of dollars for non-commercially downloading a few songs.

    I don't believe the file sharing concern was ever about "profit loss". It was always about losing the iron grip of absolute top down control over what people are "allowed to" experience by the revolving door of corporo-political lawyers bankers and monopoly men, to a decentralized and uncontrolable model that leaves their greedy asses having to get a real job, instead of leeching off of the creative world like their counterparts do in other "business sectors".

    I'll have a party when the bankruptcies start rolling on out. :D

    Cheers!

  69. Re:Its time to think about the future, not the pas by Darinbob · · Score: 2

    The big labels should act a bit like being part of a cooperative. You grant them a share of profits, and they do the work of marketing, distribution, and so forth. Going with smaller non-name labels really hurts that, as it means the musician has to be much more active in the other parts the process. So instead of being an artist, they have to be artist plus promoter plus business manager. The same model works with visual arts (let a studio market, sell and license your paintings), and even farming (sell to Sunkist and Sun-maid coops).

    This breaks down when the big labels treat the artists as workers-for-hire rather than partners.

  70. Appears that does happen... by KingAlanI · · Score: 1

    You know damn well if you tried this yourself, the RIAA would be all over your ass

    Indeed, that does appear to happen. From TFA:

    "This might sound familiar, because BlueBeat.com employed similar logic in creating new copyrights to Beatles songs — right before it was sued by EMI and a judge barred them from continuing to sell the songs."

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  71. Cry me a river... by Anonymous Coward · · Score: 0

    Music publishers and other copyright holders have abused the system for years to extend copyright to a ridiculous extent for their benefit. Our founders envisioned creators being protected to make money from their creations through copyright. They did not want to bring back the Guild's virtual stranglehold on permanent copyright. So, they specifically tried to pass things into the Public domain.

    Which contrary to what the big publishers would say actually helps spurn others to make derivative works, learn and others to make money of lower cost complications of public domain works.

    In the long run freeing old copyrighted works to the public domain benefits everyone. Including those who would like to hold now copyrights.

    So just get over it already, it shouldn't just be works from 1978 and before and even this doesn't go far enough.

  72. Error in Summary by BenBoy · · Score: 1

    it's Eaglesband.com, not eagles.com. This was an error in the wired article, since corrected on their site.

  73. Re:How I learned to quit worrying and love the bom by KingAlanI · · Score: 1

    Too bad films are works-for-hire, else we'd be only eight years away from switched copyright on Dr. Strangelove.

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  74. Re:Its time to think about the future, not the pas by Vornan19 · · Score: 1

    An independent artist I can think of right away if Jonathan Coulton. Then I think of the song 'Sell Out' by Reel Big Fish and find myself lost.

  75. Beatles copyrights soon to start expiring by Swampash · · Score: 1

    If you really want to see a dust-up, wait until 2012 - only three years from now. In 2012 it will be fifty years since the release of "Love Me Do", the first single by The Beatles (a Liverpool rock band. You may have heard of them.)

  76. I've had a hard night, by talking_walnut · · Score: 1

    and I hate the fu*king Eagles man!

  77. Interesting... by Anonymous Coward · · Score: 0

    So...we don't need publishers to CREATE good music...and we don't need publishers to DISTRIBUTE good music...and we don't need publishers to be our music vendors once the music exists...
    So...what do we need the music industry for again? Besides backing tracks to Ford commercials?

  78. Re:Its time to think about the future, not the pas by Zonnald · · Score: 1
    Except where the UID is reused.

    There's a nice troll, now go back under your rock.

  79. Re:Its time to think about the future, not the pas by shentino · · Score: 1

    Maybe the record labels have such a corner on the market that they can squeeze out the independent musicians who would rather not sell their souls?

  80. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 0

    Sorry to tell you this late in the game, but I did it for the nookie... nookie with that cookie I later gave you.

  81. huh? by Anonymous Coward · · Score: 0

    "whenever I hear Hotel California come on the radio"

    That song is considered by many people to be the greatest pop song of all time. If you really understand the writing and arrangement on the song, you'd understand why.

    I'll bet you're a Lady Gaga fan, aren't you?

  82. Re:Its time to think about the future, not the pas by testadicazzo · · Score: 1
    Seriously dude, you're vastly ignorant about the history and intent of copyright law.

    Copyright law is a compromise: A temporary restriction of our rights of free speech, with the intent of encouraging creative works. Anything from the 50's, 60's and 70's should be in the public domain. Lengthy copyright law robs from the public domain (which is, in essence, our culture) to grant wealth. Under current copyright law, most of that wealth gets granted to oligarchists who perform little useful function. That artists are taking back their copyrights and publishing themselves is positive, in that at least the artists are reaping the rewards of their labors rather than layers and accountants, but it's bad in that the work is more than 20 years old and belongs in the public domain.

    Technological innovation in dissemination of information, and reduced costs in distribution, change the cost benefit ration of copyright law, which means we should be shrinking the power and length of copyright law. Unfortunately the oligarchists have very effective lobbies, and benefit from the ignorance of people like you, who have strong opinions despite knowing nothing about the issue, and are unable to value anything using any yardstick other than sums of financial transactions.

    On the other hand, having older artists take back their copyrights might be a good thing. Perhaps in the long run it will weaken the copyright oligarchists, eventually allowing society's voice to be heard, as well as that of the expensive lobbyists.

  83. Re:Its time to think about the future, not the pas by crmarvin42 · · Score: 1
    according to the Recording Label page on wikipedia:

    As of 2005, the "big four" music groups control about 70% of the world music market, and about 80% of the United States music market.

    This would seem to indicate that it is still possible for musicians to operate without being represented by the "Big 4". That's not an insignificant number of musicians that did not sell their soul.

    There is no reason why a musician has to try for the big time other than greed, which we all suffer from, but is not actually an excuse.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  84. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 1, Funny

    I did it all for my bookie... I was in deep, deep man. And they threatened the jewels.

  85. Good by Anonymous Coward · · Score: 0

    35 years is even enough time to drain a lot of milk from someone elses artwork. Some of these people didn't get a lot of money for the reinvigorated success of their works.

  86. Plenty to say here, stick around by gambet1234 · · Score: 1

    I personally don't respect copyright as it is. It no longer "promote the Progress of Science and useful Arts." It allows middlemen to maintain control of the market and to suck up profits that belong to the artists. They control what is accepted as popular (think radio play) and tend to generally harm the progress of the useful arts.

    It now becomes clear that he IS, in fact, in support of copyright, just not the way it has been contorted. It has a stated purpose that is continually ignored by Disney/congress. You are right there is a huge gap here.

    I'd love to see a site called Artist P.O's Nothing but the addresses of the people that deserve the continuing profits. The labels perform a service for the artist. blah, blah, rant, yawn something about inequitable contracts. blah, blah, rant rant.

    --
    When an officer of the law breaks the law they are no longer acting as an officer of the law and need to be dealt with a
    1. Re:Plenty to say here, stick around by thePowerOfGrayskull · · Score: 1
      I'd love to see copyright as non-transferable in ownerships (though you can transfer or assign specific rights to third parties), with a 20 year max lifespan. It'll never happen, but it seems like that's enough for it to serve its original purpose. Locking up a single piece of creative work for three generations the way we do it now is ridiculous.

      In terms of who I support and how - alas, I'm pragmatic about that. I'd love to say that I only buy music from indies, etc ... but I don't. I buy music that I like listening to. If it's too expensive for what I'm getting, or it's a band I find distasteful for other reasons - I do without, no matter how much I might like the music.

  87. Turn up the Eagles, the neighbors are listening. by GungaDan · · Score: 1

    Eagles music should not require any copyright protection beyond that afforded to other forms of white noise. Very few forms of noise are whiter.

    --
    Eloi are stupid, throw morlocks at them!
  88. Re:Its time to think about the future, not the pas by Anonymous Coward · · Score: 0

    just out of extreme curiosity and probably off topic.
    ALEN KLEIN? how will this affect all his "deals" and the rights of his heirs. will the stones get back their prime period early recordings? what about the countless top selling oldies but goodies this guy somehow managed to own?