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House Judiciary Chairman Plans Comprehensive Review of US Copyright Law

SEWilco writes in with news that U.S. House of Representatives Judiciary Committee Chairman Bob Goodlatte plans on conducting "...a comprehensive review of US copyright law over the coming months.""In a speech given in celebration of World Intellectual Property Day at the Library of Congress today, Goodlatte mentioned a few examples of the sorts of problems that he hopes to address in such a review: 'The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners. Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate. There are concerns about statutory license and damage mechanisms. Federal judges are forced to make decisions using laws that are difficult to apply today. Even the Copyright Office itself faces challenges in meeting the growing needs of its customers - the American public.'"

36 of 142 comments (clear)

  1. Head fake. by Anonymous Coward · · Score: 5, Insightful

    Do you really think that the end result will be better, and not worse?

    1. Re:Head fake. by XxtraLarGe · · Score: 4, Insightful

      Do you really think that the end result will be better, and not worse?

      No, it will almost certainly be worse.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    2. Re:Head fake. by mabhatter654 · · Score: 3, Insightful

      The end result will certainly be worse... Did the summary mention ANYTHING about people that buy and use Copyrighted works? It's going to be discussion on how to "lock it up" better.. Not produce more USEFUL WORKS.

    3. Re:Head fake. by Anonymous Coward · · Score: 3, Funny

      Chairman Bob Goodlatte plans on conducting "...a comprehensive review of US copyright law over the coming months."

      Copyright will be worse, but the coffee will be better.

    4. Re:Head fake. by DrEldarion · · Score: 3, Interesting

      Why would it necessarily be worse? The DMCA, for instance, has a lot of valid criticism but the safe harbor provision was essential protection for many websites.

      The fact that he says "Even the Copyright Office itself faces challenges in meeting the growing needs of its customers - the American public" is promising.

    5. Re:Head fake. by suutar · · Score: 3, Interesting

      well, he did mention '...digitize our history so that all have access' and '...the Copyright Office['s] customers - the public', so there may be some basis for hope. Not enough for me to bet a nickel on, though.

  2. need to fix abandonware and older versions by Joe_Dragon · · Score: 4, Insightful

    need to fix abandonware and older versions of software that are no longer sold (maybe limit that to vers needed for old hardware / os's)

    I was looking for a older ver of this software and they where not selling it and there e-mails said that there older vers that where not up to our standards and also said it's not legal to just download the older ones they are not selling (but they ones they are selling don't work on the older hardware / os's)

    1. Re:need to fix abandonware and older versions by Joce640k · · Score: 4, Insightful

      I'll be very surprised if he isn't more worried about the rights of large media corporations.

      * Worried that their bribes might to somebody else...

      --
      No sig today...
  3. Two blood-curdling phrases by paiute · · Score: 4, Funny

    "The calls are coming from inside your house!"

    "Congress is looking into this issue."

    --
    If Slashdot were chemistry it would look like this:Cadaverine
    1. Re:Two blood-curdling phrases by Greyfox · · Score: 2

      Yah, I predict they'll extend the copyright period again, institute jail time for file sharing and authorize the use of drone strikes on overseas file sharers.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  4. This could be a good thing by maroberts · · Score: 2

    But the wording concerns me and implies that they are looking to extend copyright instead of cut it back

    --

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    Karma: Chameleon

  5. Copyright is obsolete by Anonymous Coward · · Score: 3, Insightful

    Copyright in the digital age is ridiculous and unenforceable, but the same technology that troubles copyright nowadays has largely removed the disadvantages of patronage, as crowdfunding is becoming popular, why not just go back to patronage? it's not a tax on the public and it's a correct way of paying for the actual effort of producing media.

    1. Re:Copyright is obsolete by denis-The-menace · · Score: 2

      This exercise is the middle-men trying to keep their leech-type jobs.

      With copyright trying to create artificial scarcity, projects should be funded by donations or kickstater-like methods.

      Anything else is playing little dutch boy:
      https://www.google.ca/search?q=dutch+boy+finger+dam

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  6. How can I buy if you won't sell? by Anonymous Coward · · Score: 5, Insightful

    I'd happily pay $100 for a certain movie -- but the copyright owner won't sell! BigCorpInc has decided there isn't enough profit to be made so they won't make it available. But a core of diehard fans has been trying to track down remaining copies. I've had a worldwide ebay search running for years now and zero hits. A few copies are known to exist in the private collections of actors who were in the film -- but they don't want trouble from a potential future employer, so they won't make "illegal" copies for us fans.

    Once the copyright owner no longer offers the product for sale, the law should allow fans to distribute copies for free. The owner is essentially saying "I can't figure out how to distribute this." Well, we can. So get in gear or get out of the way. It's not costing you lost sales when you refuse to sell.

    1. Re:How can I buy if you won't sell? by IndustrialComplex · · Score: 5, Interesting

      I think that there need to be a few things which should be added to copyright law:

      1. If you aren't making it commercially available it reverts to public domain.
      (for a most 2x more than the average for the same mediatype. ie: $100,000 per copy shouldn't be considered making available. So a movie cannot be sold for more than $50 and still be considered available)
      2. All copyrights must be registered, and rights must be defined by law and cannot be subdivided. The copyrights must be identifed as sold/transferred to a specific person. If the registry isn't updated within 5 years of the death of the person in the registry, it reverts to the public domain.
      (To avoid issues where Bob Author died, and his estate was divided equally among 10 children who then sold portions of odd bits of rights to different corporations in 10 different countries which were then subdivided 100 different ways again.)
      3. Property tax must be paid on IP.

      --
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    2. Re:How can I buy if you won't sell? by bware · · Score: 3, Insightful

      1. If you aren't making it commercially available it reverts to public domain.

      So JayZ writes 12 songs for an album and decides to release 10, the other two are public domain? When do they become public domain? Everything he writes, even the smallest, worst, most ahead of its time has to be made available either commercially or it's public domain?

      I write three novels and the first two are rejected by publishers. Now I have to find a way to make them commercially available, or I lose all rights to them? The third one is a bestseller, and now the publisher wants to release the first two, but won't because they've previously been made public domain due to your rule 1.

      How is this helpful to anyone? It doesn't give me incentive to write more novels that I might or might not control.

      Making something commercially available has its own costs which a penniless artist might not want to bear. Not to mention the impossibility of making creators declare "This is now finished, and I want to sell it", or have lawyers determine when a creation is finished and must be made available.

      Copyright gives the creator exclusive rights for (what should be) a limited period of time. There's nothing wrong with the "exclusive" part of that, which includes excluding it from the public. It's the limited period part which has problems.

    3. Re:How can I buy if you won't sell? by suutar · · Score: 2

      I think the original idea was more about "if you used to have it commercially available but stopped (e.g. because it's no longer economically feasible), it reverts". But these are good questions to keep in mind, if only to force clarifying language.

  7. Mickey's copright must be expiring soon. by Anonymous Coward · · Score: 3, Interesting

    Mickey's copright will expire in 2018. They are going to get at it early this time.

    The only way we can stop this is to go after Disney shareholders.

    1. Re:Mickey's copright must be expiring soon. by mabhatter654 · · Score: 3, Informative

      Mickey Mouse would still be firmly under TRADEMARK for a long time. That would mean you could copy early Mickey clips on YouTube all day, or use them for mashuos and such... but YOU couldn't MARKET "Mickey Mouse" stuff because he's still running Disney and making merchandise.

      What the summary indicates is that "lost" INDIVIDUAL authors will soon LOSE protections... Because COMPANIES don't like a grandkid getting money at the 90 year mark. And "orphan" works will probably revert to publishers that last printed them... So most likely a bunch of PD stuff will get snatched back into "publisher/broadcaster" copyright.

    2. Re:Mickey's copright must be expiring soon. by h4rr4r · · Score: 2

      Orphan works belong in the public domain. How that is not blindingly obvious I do not know.

    3. Re:Mickey's copright must be expiring soon. by lessthan · · Score: 2

      Well, you put a dollar bill over the left eye and another dollar bill over the right eye... Ta-da! Your vision has been "corrected."

      --
      Space Shuttle was a program that strapped humans to an explosion and tried to stab through the sky with fire and math
  8. Re:In other words... by tverbeek · · Score: 4, Informative

    "What is wrong with enforcing the laws we have?" Aside from the fact that some of the laws we have are wrong-headed and counterproductive (e.g. copyright terms that not only outlive the creators, but also their children, and even their grandchildren, thus stifling independent creative appropriation), there's the fact that the laws we have don't make any sense (as in "I have no idea what this means", not just merely misguided) in the context of modern technology.

    --
    http://alternatives.rzero.com/
  9. Re:In other words... by rudy_wayne · · Score: 2

    . What is wrong with enforcing the laws we have?

    You mean like the DMCA and copyrights that last for a gazillion years?

    This so-called "review of copyright law" is being conducted by the same people who work on behalf of the Media Cartel and created the DMCA and extended copyrights to last forever, along with other ridiculous laws.

  10. Copyright sanity by Jason+Levine · · Score: 5, Insightful

    In a sane world, "a comprehensive review of copyright law" would lead to cutting copyright terms back drastically. Something on the order of 14 years plus an optional, one-time 14 year extension. This would take care of abandoned works (after 14 or 28 years they'd be public domain) and would enable us to simplify copyright law. A sane world would also set different penalties for "non-commercial infringement" (you shared that movie on a P2P network for free) and "commercial infringement" (you burned that movie to a few dozen DVD discs and sold them for $5 each).

    Of course, I don't think we live in a sane world. Instead, I'm sure we'll see proposals helpfully "guided" by the content industry. Perhaps terms will be lengthened. Maybe penalties will rise. Perhaps more criminal penalties will be enacted and law enforcement will be forced to take a bigger role in arresting individuals whose crime was installing a P2P program that shared out music files on their computer. (Because, you know, law enforcement has nothing better to do than help the RIAA/MPAA enforce their business model.)

    I *really* hope that sanity will prevail, but I'm not holding my breath.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:Copyright sanity by c · · Score: 2

      I *really* hope that sanity will prevail, but I'm not holding my breath.

      Yeah, that's pretty much my feelings when I see anything to do with the US government and copyright. It's sad when the best you can hope for is that it doesn't get much worse.

      --
      Log in or piss off.
  11. Re:In other words... by Bill_the_Engineer · · Score: 2

    Which is exactly my point. They already done enough damage. There isn't any need to make things worse.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  12. Re:Can help you out here by h4rr4r · · Score: 4, Insightful

    So does disney owe royalties to the families of the writers of the books they base their movies on?

    At some point ideas become part of the culture and are no longer owned by anyone person. I believe the founders had it right with a 14 year term and one 14 year extension. We should go back to that model, but the extension should cost enough to ensure that not every work is extended for the full term.

  13. More like "Comprehensive Expansion" by EmagGeek · · Score: 2

    That's what this sounds like based on the language...

  14. Re:In other words... by Bill_the_Engineer · · Score: 2

    Do you honestly think they are going to change it for the better? What did the media corporation's political donation check bounced?

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  15. Thew way forward by WOOFYGOOFY · · Score: 4, Interesting

    " 'The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners"

    I think we all know where this is going. Total extinction of any notion of "fair use" so that every image you ever did a right click-->save to file on will be an independent criminal act punishable by not more than 5 years in jail and a $50,000 fine.

    Let me tell you what this industry fears the most. Let me tell you what makes the execs in this industry shit their pants and drink too much after work. The idea that you will chose to do something else with your time. The notion that you will choose to spend the half million of so waking hours you have over the course of your life doing something else.

    If they can't get those away from you because your attention was directed elsewhere, doing something more engaging, then they're fucked. You want one of my precious hours to look at your Desperate Housewives / Jarhead crap ? You should be so lucky.

    I used to just think that people who did mass downloading when they *could* have bought the stuff were total assholes who would just cheat any and all the systems of civil society which make things tolerable for everyone. I still sort of think that, but what I don't think is this represents a good application of our justice system and my tax dollars -

    http://www.usatoday.com/story/news/nation/2013/03/18/downloading-case-cant-pay/1997127/

    What I think is this is a sado-system designed to turn even the meekest and most law abiding of our citizens, the ones that get up every morning to got to their underpaid , dead end jobs just to keep their noses and their children's noses slightly above water, into criminals.

    This is a system run by the financial elite solely for their benefit . Elites whose mega-crimes go completely unpunished no matter how globally catastrophic their effects and how many people's lives are completely destroyed by their criminal actions. This is a system whose prosecutors look and look at those crimes but can't find anything but reasonable doubt, while the ordinary citizen can be assured they will be punished beyond any definition of reason and beyond all any definition justice for the even the meekest and most innocuous of infractions.

    To the publishing houses and record companies and entertainment business and especially to Mickey Mouse and all the diseased and dysfunctional special interest politics he has come to represent to my generation I say this- we're going to take yoru out. We're going to decimate your industry and leave you with nothing- no customers, no interest, no money, and no power.

    There's exactly nothing you can do to stop it, counter it, co-opt it or benefit from it. The future in no way includes you irrespective of how broadly you interpret the word "includes". You're all walking dead men, grotesque corpses staggering around, wailing for blood but finding none.

     

  16. Re:This is a REPUBLICAN! OHHHHNOOOOEEESSSS! by Charliemopps · · Score: 2

    I think the majority of Los Angeles would disagree with you on that one.

  17. Re:Can help you out here by Anonymous Coward · · Score: 5, Interesting

    You're on to the idea, but not quite there.

    1) Shorten the term. It should be about 5 years. The first term is automatic and free. Subsequent terms require copyright-holder registration.
    2) Require payment for the extension based on revenue generated in the current term. A copyright tax, essentially. And the amount of revenue should be worldwide gross, not local, not net, and certainly not open to loopholes and interpretation like other tax codes. The rate applied to it should be a flat percentage.
    3) Do not limit extensions.
    4) If you miss the extension deadline by even a day, it's public domain. No exceptions.
    5) Public domain is permanent and irrevocable. No exceptions.
    6) All transfers must be registered. A one-time filing fee may be charged. This does NOT reset the clock on the current term. Transfers during the first term are free, except for the filing fee.
    7) Copyrights cannot be registered to non-entities (e.g. companies that went out of business) or foreign entities (e.g. foreign copyright havens) and retain copyright protection. This means that to retain a copyright in the US, a foreign entity must set up a local shell corporation to hold copyrights for them. Unregistered copyrights go to the public domain after the first term.

    That gives everyone what they want. Disney can keep Mickey locked up for a million years, as long as they don't run out of money. Abandonware is public domain within a term length. No more abandonware that doesn't have an identifiable owner. And no more congressional shenanigans due to treaty pressure pulling stuff into an undefined foreign copyright term after it's been in the public domain.

  18. Re:Can help you out here by h4rr4r · · Score: 3, Informative

    Alice in wonderland was 86 years.
    It was published in 1865 and the movie came out in 1951. Lewis Carroll died in 1898, so using today's Life + 70 it would still have been in copyright.

    The copyright actually expired in 1907. This means they have already done this.

  19. Re:This is a REPUBLICAN! OHHHHNOOOOEEESSSS! by Cinder6 · · Score: 2, Insightful

    Here's my summary of what's frustrating about American politics:

    Overall, Republicans represent most of my interests better than the Democrats, but dear lord can they be horrifyingly stupid and clueless on other issues, copyright and technology in general being big ones.

    --
    If you can't convince them, convict them.
  20. Re:This is a REPUBLICAN! OHHHHNOOOOEEESSSS! by Anonymous Coward · · Score: 2, Insightful

    Democrats are owned by the entertainment industry, so you know anything coming from that side of the fence will be to protect those dinosaurs' business models at the expense of the public.

  21. Re:In other words... by davester666 · · Score: 2

    More like "what can we do for you to up your weekly payments?"

    --
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