Slashdot Mirror


What Could Have Been In the Public Domain Today, But Isn't

SgtChaireBourne writes "Many works published in 1955 would have entered the public domain this year. Duke University's Center for the Study of the Public Domain has an overview of the movies, books, songs and historical works that are kept out of the public domain by changes to copyright law since 1978. Instead of seeing these enter the public domain in 2012, we will have to wait until 2051 before being able to use these works without restriction."

25 of 412 comments (clear)

  1. Study of the Public Domain by BeerCat · · Score: 5, Funny

    So... is the Study of the Public Domain itself in the public domain (through Creative Commons licencing), or is it copyright too?

    --
    "She's furniture with a pulse"
    1. Re:Study of the Public Domain by Anonymous Coward · · Score: 5, Informative

      No. ALL works are automatically under copyright under the laws of most countries. What CC0 does is attempt to waive the rights under copyright law permanently. It is not actually releasing it into the public domain. The result is _extremely_ similar but not exactly coextensive. The most telling difference is that if you read the information, they specifically state that you cannot mark PD material as being CC0 and you cannot mark CC0 material as PD.

      Personally, I think that groups that like CC should start challenging them in lawsuits. Just to cement their position in the law and take away a lot of the problems involving the uncertainty. Especially with CC0, because copyright law does not really contemplate people doing that (which should be pretty obvious when you realize who is actually writing those laws).

  2. Brought to you by: by kurt555gs · · Score: 5, Insightful

    The Sonny Bono copyright extension act, and the DMCA are brought to you be the same greedy evil fucks that are now serving up SOPA / Protect IP.

    Looks like the same Capitalism that ended Communism in the 90's will end Democracy in 2012!

    It's for your protection.

    Think of the children.

    Ugh!

    --
    * Carthago Delenda Est *
    1. Re:Brought to you by: by dbet · · Score: 5, Insightful

      Blame the people who keep electing them. Maybe it's you. Maybe it's people you know.

    2. Re:Brought to you by: by Anonymous Coward · · Score: 5, Insightful

      Well WHO THE HELL are we supposed to elect? when they are ALL GREEDY FUCKWITS!!!

    3. Re:Brought to you by: by Anonymous Coward · · Score: 5, Insightful

      There is no difference who gets elected, as long as companies can "donate" to politicians during their campaign, then they lobby and create laws as these companies want them to be.

      The only solution would be to forbid such donations and treat them as corruption, and all the elections to be sponsored only by the state equally for all the candidates that participate in the election.

      Also, any officials that come from big companies should be monitored for conflict of interests during their term and punished if they are proved to serve their company's interests instead of the state's.

    4. Re:Brought to you by: by houstonbofh · · Score: 5, Insightful

      Start early, before the primaries. Then you might have a chance of getting a real person on the ballot. If you just show up late to vote and bitch, it is STILL your fault.

    5. Re:Brought to you by: by desdinova+216 · · Score: 5, Insightful

      But sadly that will never happen because the people who are affected by election rules make them.

    6. Re:Brought to you by: by SlippyToad · · Score: 5, Insightful

      And what prevents Disney from creating more Mickey Mouse cartoons is that they have no incentive to be creative anymore since no one alive today at Disney was involved in those early cartoons, no one today had to do anything particularly creative to succeed at Disney.

      Consider that Disney's only films of note for the last 20 years have been Pixar movies, and that virtually every other thing they've done has been completely forgettable? Of course the irony is Disney's major successes after Mickey Mouse and crew were almost all public domain fairy tales. No, there is not a lot of creativity going on at Disney anymore. This is what happens when you can milk a dead teat.

      I won't go into the eventual disappearance of Mickey Mouse from popular culture as the generations that grew up with a living creator of the art around pass away. The drivel that Disney puts out now as original material, aside from the Pixar stuff, is eminently forgettable. They're digging their own grave as an organization by creating a scenario where they can perpetually rest on their laurels.

      --
      One day I feel I'm ahead of the wheel / the next it's rolling over me / I can get back on / I can get back on
    7. Re:Brought to you by: by next_ghost · · Score: 5, Interesting

      That's pretty much how it works here in Czech republic. I'll let you in on a secret: It makes no difference.

      The only thing that can make a difference is people taking active part in politics in between elections. If you think that some "perfect" political system will do your hard work for you, you're looking in the wrong direction.

    8. Re:Brought to you by: by towermac · · Score: 5, Interesting

      Bah. As we see from this latest primary, each candidate is destroyed in turn as the public begins to consider them. Apparently, our "choice" was Romney all along, and we'll get to "choose" between him and a guy I can't tell a difference from Bush. Well, except there were jobs in the first half of Bush at least.

      I love the gp's "capitalism" remark up there. People fall for that shit; that capitalism is some real thing. "Capitalism", is simply free people, and their money. Take away either freedom or money from the people, and that by definition destroys capitalism. That doesn't destroy the rich of course. Oh, you'll get a few; widows and others who didn't earn the money; you can soak them for 50% tax rates. But most of the rich are good with money, and you're not going to trick them out of it. Not with taxes or surcharges or estate taxes... There is a way to take the rich's money. Look to the French and Bolshevik revolutions for recent examples.

      TLDR, they killed them all, and their families. It was bad. Counterproductive for the working class you might say. Short of drastic shit like that, you're never going to take enough from the rich to satisfy you.

      The best thing for us working stiffs, is to get them to spend it. Generates taxes all along the way, opportunity is spread, wealth is spread, stuff is made, wealth is then created out of sunshine, dirt, and time... yada. Sure, suckers like you and I have to work for a tiny piece of it, by selling our labor; but it's been that way for 10,000 years at least, and we are not going to see the end of that. I work for someone richer than me, as do you (if you work) and the others here. When the working class is deprived of the opportunity to labor for the rich in relative freedom; well North Korea is a solid example. There are other, less extreme examples.

      What we finally have in this country, or are pretty close to, is a truly level playing field; where all it takes to be the rich and powerful, is the money itself. Gone are hereditary rulers, racial qualifications, whatever; all you need is the money. That's as fair as it gets. So stop with this class warfare crap.

      It is true that rich recently are not spending their money. They are hoarding it. Can't imagine a different outcome, when you threaten to raise taxes (a lot) for 3 years, but then never actually fucking raise taxes. I mean, what do you expect? At least if you had actually raised them; the rich would know how much they have to hide and what they can spend, and get on with things. But they're not spending crap right now; thus getting richer. Now, if you could do the opposite; raise taxes, but don't talk about taxes, and nobody really even notices you raised them, so they go on spending about the same as they did before... Well that would be best, wouldn't it?

      I loved the recent ads the Dems ran against tax cutters. They say: Reagan may have cut taxes twice; but he raised them nine times. I was there, and I felt that second tax cut in my minimum-wage paycheck. I never felt or even knew about the 9 increases. I don't remember him talking about that. Funny that, I remember: across the board tax cuts, closing loopholes for the rich, evil empire, jellybeans... Never a word about, 'I'm raising taxes nine times'...

      Brilliant! Fucking genius. So let me get this straight: You promise them something good, give them some pittance of deliverance on said promise; and then go do your fucking job, and do what you need to do to run the country. Without scaring anybody. Good job, Reagan.

    9. Re:Brought to you by: by martyros · · Score: 5, Insightful

      Of course the irony is Disney's major successes after Mickey Mouse and crew were almost all public domain fairy tales.

      And even more ironically, under today's laws, some of those would still have been under copyright by the time the movies were made. Lewis Carrol died in 1898, so his estate would hold have held the copyright until 1968 -- 17 years after Disney made the film in 1951.

      --

      TCP: Why the Internet is full of SYN.

    10. Re:Brought to you by: by plurgid · · Score: 5, Interesting

      Bravo!
      That's one of the most concise examples of what I've been seeing happen over the course of my lifetime: economic winners writing the rules so that there can be fewer and fewer new winners.

      America is now like a basketball game where every time someone makes a basket, their team gets to replace a referee.

      This is what pisses me off the most when older folks give my generation the "well if you don't like the way things are, why don't you start your OWN company, Apple started in a garage for chrissakes" ... why? Because we're not even remotely playing the same game that Apple was playing in their garage days .. or Wal-mart ... or hell ... Amazon for that matter.

      The winners write the rules so that it's impossible for you to follow the same ... hell ... even a similar ... path to success.

    11. Re:Brought to you by: by Anonymous Coward · · Score: 5, Insightful

      Yeah!

      Bill Gates worked hard to become rich! ..wait, wasn't his family rich anyway? They did pay a small fortune to keep his arse out of jail when he was caught using CPU time at university to compile software. I guess that would apply to anybody who's poor, too - if you can afford it, you don't get a date in court.

      But that really means there are two laws - one for the rich who can afford to buy their way out of legal trouble, and one for the poor, who can't. That'd sum America up nicely. Be lucky, make a few million, no law is an obstruction for you, just grease the right palms, pay the right groups, and you'll get your way. Anybody can do that! I mean, everybody CAN be rich, right? It's only because everyone's lazy that there are a few rich and so many poor.

      It's not like one particular group of rich fucks decided that other countries needed to implement draconian copyright laws as part of a trade treaty with the US while ignoring the wishes of the population of that other country, is it? That would be incredibly anti-democratic. In fact, given the warped definition of communism used by many (more accurately referred to as totalitarian), that would be communist action, where the influential can do what they like, and everyone else has to suck it up and make those people richer and more powerful.

      Oh dear, it looks like there are two laws, doesn't it? It also looks like the modern US is quite the hypocrite. JUSTICE FOR ALL WHO CAN AFFORD IT, where justice is defined by the number of lobby groups you can hire.

      Yeah, definitely nothing to be pointed out by lazy entitled poor people. There's no such thing as a lazy entitled rich person. Why, for something like that you would almost need to be like New Zealand where the rich gave tax cuts to all and then hiked up sales tax to cover it, meaning a net loss for the majority of the population.

    12. Re:Brought to you by: by dgatwood · · Score: 5, Insightful

      Because you have people like a friend of mine who'll give plenty of lip service about how both parties are screwing us over - yadda yadda yadda, but come election day, she votes Republican - the incumbent - instead of a third party candidate because she can't stand the thought of a Democrat winning. I do point out to her that in Georgia, USA, Democrats have a very hard time getting elected and voting third party isn't "throwing her vote away."

      The problem is that in most parts of the country, we don't have even have a real second party to choose, much less an acceptable third. The opposing major party never fields any competent challengers, and the third parties are almost invariably even farther out than that.

      I was all set to vote against Feinstein because she completely ignored my letters and those of countless other Silicon Valley folks who expressed our opinions on a number of laws similar to SOPA in past years. I even voted (as a registered independent) in the Republican primary to try to get somebody electable to unseat her.

      What happened? The non-independent Republicans in California picked the one candidate on the ticket who I could never even consider electing—Carly Fiorina, a deposed former leader of HP who is so clueless about technology and business that she nearly bankrupted one of the largest tech companies in the Silicon Valley. She is quite possibly the only candidate on the entire Republican ticket who I could confidently say would have even less clue about laws like SOPA than Feinstein.

      And this is why nothing ever changes. Instead of being intelligent voters who vote during the primaries for the candidate who is the closest to center, members of both parties choose the candidate that most closely resembles their highly partisan beliefs, thus ensuring that no members of the other party can possibly even consider crossing party lines to vote for their chosen candidate. Combine this with gerrymandering, and you have an electoral system that all but guarantees that no seats ever change hands.

      Want to change things? Vote for the most centrist candidate you can choose—the least ideological candidate you can possibly choose—in the hopes that maybe that candidate will be palatable enough to voters in the opposing party to get elected. This is provably the only feasible way to ever actually get anyone sane to "vote for the other guy".

      As for voting for a third party, that only makes sense if the third party stands a chance. The right way to handle third parties (in the absence of a more sensible voting scheme) is this: whenever anyone polls you, tell them you are planning to vote for the third-party candidate that is most closely tied with your position. This ensures that the polls track likely real-world election results as closely as possible. Then, on election day, if that candidate is polling strongly, vote for that third-party candidate. Otherwise, vote for whichever major-party candidate is closer.

      That said, Feinstein's support for SOPA/PIPA pushed me over the edge. I don't care if Adolph f**king Hitler runs as the Republican, I'm not voting for her again. I'll tolerate even the most batshit crazy Palin/Bachmann wannabe for one term just to get her out. Enough is enough. Feinstein and Boxer have to go.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  3. Not by 2051 by wbr1 · · Score: 5, Insightful

    By 2051 the Multinational corporate conglomerates that hold the rights will have paid the politicians and courts to extended it to 3051 or perpetuity. That is if we make it through 2012 first!

    --
    Silence is a state of mime.
    1. Re:Not by 2051 by six025 · · Score: 5, Informative

      By 2051 the Multinational corporate conglomerates that hold the rights will have paid the politicians and courts to extended it to 3051 or perpetuity. That is if we make it through 2012 first!

      While I don't agree with our culture being ruined by greed and believe sane copyright laws would benefit everyone, there is a very good reason the corporations are continuing to fight for copyright extension - and presumably won't stop until perpetual copyright is granted. Obviously, that reason is profit. Let's look at Happy Birthday To You as an example. From the Wikipedia entry:

      in 2008, Warner collected about $5000 per day ($2 million per year) in royalties for the song.

      A corporations only goal is to make profit. As we have witnessed time and time again, the corporation does not care how profit is created, human or cultural concerns are not part of the equation. It would be a failure of corporate duty to give up $2 million a year without a serious fight.

      Peace,
      Andy.

  4. Strange Interpretation of the U.S. Constitution by DERoss · · Score: 5, Interesting

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

    I believe in the benefits of copyrights. Most of my Web pages are copyrighted. However, the current state of intellectual law is unacceptable. Extending copyright coverage to 90 years (Copyright Term Extension Act of 1998) violates the concept of "limited Times". The Digital Millennium Copyright Act (DMCA) stifles innovation instead of promoting it. And the primary beneficiaries of these laws are not "Authors and Inventors" but corporate publishers, movie studios, and record companies who reap the bounty of others' creativity. If you agree that this situation is intolerable, tell your representatives and senators in Congress.

    I copied the above paragraph from one of my own copyrighted Web pages (with a slight modification in the second sentence). I hereby grant to the public the right to quote that paragraph at will, in all contexts, and in all media.

    1. Re:Strange Interpretation of the U.S. Constitution by Telvin_3d · · Score: 5, Informative

      No... copyright is by default. It is automatic. Under the Berne Convention everything that is made is automatically covered under copyright. There's a reason Slashdot has the little "comments are owned by..." at the top of every section. It is basically impossible to create anything without copyright.

  5. there should be a copyright extension tax or fee by Joe_Dragon · · Score: 5, Interesting

    Say if you want to keep your copyright after X years pay X fee. That way Mickey Mouse can say out of the PD as long as the fee is payed. But other stuff and abandonware can go free. Also make it pre work or at least some way to stop places buying up lot's of old corporate conglomerates and clamming copyright to lot's of old works with out proof and may it that they have to use / offer the work for sale. The down side of copyrights is dead works and a copyright extension fee / or tax will help fix that.

  6. Why not change copyright laws to state that by mehrotra.akash · · Score: 5, Interesting

    If after say 30-40 years from the date of copyright, the material is no longer available for purchase to the common man (Easy to do via digital distribution for movies/songs/etc atleast), the copyright is declared invalid?

  7. Re:...and nothing of value was lost by swillden · · Score: 5, Insightful

    Are people being jealous of fat useless leach members of "estates"? Let them have their dubious castles and kitschy art collections at the expense of fools who still pay for this old crap.

    Nothing of value was lost?

    What about all of the old celluloid films which are disintegrating but can't be copied to preserve them because their copyright ownership is cloudy?

    The problem isn't people who are actively profiting from old works. The problem is old works that are locked up to the benefit of none and the detriment of all.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  8. Re:Theft by KiloByte · · Score: 5, Interesting

    Many folks call copyright (rather than copyright violations) "theft", but I'd go farther. Being a form of censorship, it is a crime against humanity.

    A mere war against lives is limited in scope. With free dissemination of ideas, oppressive regimes don't last long -- note how the first thing they try is blocking communication among protesters and jailing of authors/journalists/etc who dare to voice something that opposes the regime in question. War on culture has effects that last forever. Books burned don't come back.

    Imagine a guy in, say, 400BC, who took a spray^H^H^H^H^Hbucket of paint and wrote something on a wall. Like everyone else born during the next 2300 years, his life is gone. Yet a part of him lives on. Culture has the potential to last forever.

    Copyright, by massively hampering culture, is the very worst thing we have.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  9. Re:Theft by AthanasiusKircher · · Score: 5, Informative

    Many folks call copyright (rather than copyright violations) "theft", but I'd go farther. Being a form of censorship, it is a crime against humanity.

    I absolutely agreed with you regarding copyright law today. There is no reason to restrict works for nearly a century. It is a horrible abuse of power. And I also agree that even a much more limited copyright length (like the 14 years originally granted by the first U.S. act in 1790, with a possible 14 year extension) might need to be significantly reformed to deal with the new technologies today.

    However, that's not the reason copyright existed originally. Look into the history. I mean the really early history, long before the Statute of Anne in 1709.

    If you look at printing in the late 1400s and early 1500s, when copyrights were first granted, there was a real problem. Publishers at that time were really trying to disseminate knowledge for the first time in a big way. Before that, copying of books required actually scribes to write every copy, which was of course very expensive and time-consuming.

    But around this time, many Italian scholars were rediscovering ancient works and coming up with their own works based on those models (and extending them), something commonly referred to as the Renaissance. This diffusion of knowledge was made possible in a large part by the publication of books. Translators worked hard to release editions of these ancient sources of knowledge, and publishers wanted to invest in a printing run.

    But why should the translator and the publisher spend so much time and money when a month later a rival press could just take the text and republish it? The first copyrights were granted in Italian cities to promote the diffusion of knowledge: they encouraged authors and printers to take the time and make an investment to produce quality books. Yes, believe it or not, we have plenty of records stating that this was the purpose: rulers and councils in many Italian cities actually funded and promoted the culture of learning that was happening in the early Renaissance. And the terms generally lasted anywhere from a couple years to 10 years, only enough time for a publisher to sell off the stock from a first print run.

    That's why copyright came into existence, and it may very well have contributed to the preservation of lots of knowledge from a time when publication was still such an expensive endeavor that high quality publications needed to be encouraged.

    Granted, many evil things happened over the years since then. Rulers tried to suppress writings by only authorizing publication from certain publishers who wouldn't publish treasonous or seditious materials, etc. Those "copyrights" are hardly the same idea. But finally in 1709 in England, the Statute of Anne established a 7-year term for authors rather than publishers, and the idea was still to allow a short time to recoup the time and costs invested by someone writing a high-quality book.

    Copyright is no longer like this. It is a travesty today. But until recent years, when reproduction costs became essentially nil for many types of media, it did serve a useful purpose. And in the early days, it truly helped disseminate important knowledge that arguably led to major historical advances.

  10. The problem is corporate personhood=civil rights by MountainLogic · · Score: 5, Insightful
    The problem from corporate personhood is unlimited money in elections. The supreme court effectively killed campaign finance reform by declaring corporations as having free speech rights. In legal speak this is known as corporate personhood. There are a couple of very simple changes that can happen at the state level to put a leash on corporate influence in government:

    1) Change state corporation law giving for profit limited liability to companies that have full personhood. The argument the supreme court uses for defending corporate personhood is that the constitution supports "the the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” So you allow people the right of free association so long as they do not hide under the shield of limited liability. One weird bit of law in all states is that you can not usually sue the owners of a company. The company yes, the owners, no. If I buy shares in MegaEvilChemCorp and one of their factories blows up and kills half a city the worst that can happen to me is that MegaEvilChemCorp could go bankrupt and I'm out what I paid for the stock. Even though I am an owner of MegaEvilChemCorp no one can sue me or put me in jail for the damages MegaEvilChemCorp may do even if they blow up or poison half a state. The result of this is that no large company would be an unlimited liability company and they would not have personhood rights.

    2) Pass meaningful finance reform. $200 limit per person. Open up the books fully of any entity lobbying or campaigning. No PACS, no bundling, no "issue ads," no corporate or union money. (A union and corporate money ban needs to be bound together or it favors one side or the other).

    3) Allow corporations to do the right thing. In most states if you run a company and do anything other than maximize profits you can get sued by any share holder. There is a movement to create corporations that are allowed to take other consideration into account beyond just short term economic gain such as the environment and their community. See http://www.bcorporation.net/ for more information. Very few companies are likely to do this in the near term, but lets at least allow the experiment for those who are interested in doing the right thing.