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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."
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.
Pardon the pun, but the record companies need to face the music.
Palm trees and 8
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!
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?"
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.
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"
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?
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