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First Few Doctor Who Episodes May Fall To Public Domain Next Year

First time accepted submitter wmr89502270 writes "Doctor Who is celebrating its 50th anniversary this year. The special The Day of The Doctor will be broadcast simultaneously in over 75 countries and hundreds of cinemas in the UK. Across the world the hotly anticipated special episode will be screened simultaneously in full 3D. According to Copyright law of the United Kingdom, the copyright in a broadcast program expires 50 years from the end of the year in which it is broadcast, which means the first episodes will fall to public domain next year."

33 of 216 comments (clear)

  1. Although I must add... by Lirodon · · Score: 5, Insightful

    It probably won't hit PD in America until 3025. Like any other cultural work.

    1. Re:Although I must add... by AK+Marc · · Score: 3, Interesting

      I don't know why it was modded troll. If the work was originally copyrighted in the UK with a 50 year copyright, why can't the US distributor claim 75+ years on the US copyright? If it's PD in UK, why would that require it to be PD in the US? Didn't Amazon get in trouble with Australian 1984, PD in Australia, but not the US? That indicates to me that the US rules are in effect for the US, even if the work was copyrighted outside the US.

    2. Re:Although I must add... by girlintraining · · Score: 3, Informative

      That indicates to me that the US rules are in effect for the US, even if the work was copyrighted outside the US.

      That is, more or less, how the law operates. Now when I say more or less, the devil's in the details. There are numerous treaties covering cross-country patents, copyrights, trademarks, etc., so filing in one country extends similar protections simultaniously to all the other signatories... but the implimentation of treaty terms can vary from one country to another, as can the interpretations of some provisions. In Japan, for example, you can patent something that is in every detail identical to your competitor except it's a slightly different shade of muave and it qualifies as a unique work. But that doesn't mean you won't get sued in the United States for patent infringement if you try to market it. The laws are a patchwork of often conflicting and vague tombs of treaties, federal, state, and local law. Hell, California routinely tries to supercede federal authority; Pick up a canister of oxygen sometime "This product is known to cause cancer in the state of california." But nowhere else, apparently. Anyone who wants to sell their product in California has to do business by their funktastic and horribly deranged environmental regulations... and the EPA has been forced to write new legislation specifically to say "... We only have to make a new law about this because California rode the short bus on this stuff. Again."

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    3. Re:Although I must add... by davester666 · · Score: 5, Funny

      Obviously, we must immediately extend copyright legislation everywhere else in the world, retroactively, to be AT LEAST what is enacted in the US or whatever the longest limits are anywhere in the world, otherwise...civilization will end.

      And we don't want that.

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    4. Re:Although I must add... by jonbryce · · Score: 3, Informative

      People are getting confused here. It is only the broadcast rights that are falling into public domain, not the public performance rights.

      If you take for example The Snowman, Raymond Briggs wrote the music. He retains the copyright on the music until 70 years after he dies. He is still alive so the clock hasn't started ticking yet. Other people have copyright in all the cartoon drawings, and I believe they are all still alive. The copyright exists on them until the last of them dies. Channel 4 first broadcasted it about 30 years ago. They own the copyright on the act of broadcasting it on public television anywhere in Europe for 50 years. There is about 20 years left to run on that.

      So, if for example RAI (Italian TV station) wants to broadcast it, they must get permission from Raymond Briggs, from the cartoon drawers, and from Channel 4. In 20 years time, they no longer have to ask Channel 4, but they still need permission from the other copyright holders.

    5. Re:Although I must add... by AK+Marc · · Score: 3, Interesting

      Thus, if the doctor becomes PD in the UK, that only means that it is PD with respect to uses (such as copying) performed in the UK. If it's not PD in the US at the same time, then you infringe on US copyright laws if you do the same in the US.

      If you can copy it in the UK, then you have a valid legal copy there. Are you allowed to bring your valid legal copy into the US? If so, then it's in PD in the US, in that anyone can go to the UK, print 10,000 copies, and bring them back, right? If not, then the US law applies everywhere, but only is enforced when you are in the US. I wouldn't put it past them enforcing a law against making Dr Who copies in the UK while outside the country and bringing back no copies. Much like traveling out of the US to have legal sex and returning to the US is illegal in the US, and people are arrested for it (depending on some variables around the sex).

    6. Re:Although I must add... by Half-pint+HAL · · Score: 4, Informative

      If you can copy it in the UK, then you have a valid legal copy there. Are you allowed to bring your valid legal copy into the US? If so, then it's in PD in the US, in that anyone can go to the UK, print 10,000 copies, and bring them back, right?

      No. There's a legally-recognised difference between importing for personal use and importing for resale.

      See also controlled medicines, alcohol and tobaco.

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    7. Re:Although I must add... by TheRaven64 · · Score: 5, Informative

      The Berne Convention says (warning: massive simplifications ahead) that each signatory must treat works copyrighted in other territories as if they were copyrighted in their own territory. That means that if something is copyrighted in the UK, then it is subject to UK copyright law in the UK, but if you are in the USA then it is subject to US copyright law. This means that it can be in the public domain in one place, but not in another.

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    8. Re:Although I must add... by drinkypoo · · Score: 3, Interesting

      and the EPA has been forced to write new legislation specifically to say "... We only have to make a new law about this because California rode the short bus on this stuff. Again.

      Too bad you have that entirely backwards. We had shit for emissions standards in this country until California made a big noise about it. If you like breathing, thank California. Also thank California for acting as the trial for these problems. Los Angeles proved what happens if you don't have a strong EPA; things like children with bleeding lesions on their lungs simply from breathing the air happen. As well, the federal government prevented The People of California from implementing only in our state the automotive emissions restrictions for which we actually voted because it would do harm to their future bailout poster children. The truth is that only California is serious about environmental protection, and the rest of you just want to rape the land and shit in your neighbor's mouths through the air.

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    9. Re:Although I must add... by TWiTfan · · Score: 5, Insightful

      U.S. Copyright law stipulates that copyrighted works only fall into the public domain when Disney runs out of money to bribe Congress for another extension.

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    10. Re:Although I must add... by Impy+the+Impiuos+Imp · · Score: 5, Funny

      70 years after Doctor Who dies is a long fucking time from now :(

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    11. Re:Although I must add... by jedidiah · · Score: 4, Insightful

      It takes a lot to balance out all of the hypocrites that want to treat out planet like a toilet while pretending they defend the values of the Boy Scouts.

      --
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    12. Re:Although I must add... by mcgrew · · Score: 3

      Can't tell if troll.

      He's a freak but he's no troll, and I can't for the life of me figure out why you think he's trolling. Maybe you're only 20 and have never seen pollution? I grew up two miles south of a Monsanto plant. This was back before the EPA and car AC. Even if it was 100 degrees F you had to roll your windows up when driving past because the air would literally burn your lungs; breathing was painful. Rivers and streams caught fire.

      Even after the Clean Air Act, Los Angeles had smog alerts where people with any kind of breathing problem at all were warned to stay indoors, which is why, as drinkypoo says, California has and has had the highest pollution standards in the country.

      I could never support Ron Paul. The young may not know better, but someone as elderly as he should know how utterly nasty things were before the EPA, and that pollution doesn't respect state borders.

  2. Of course the actual copies existing is in doubt. by Anonymous Coward · · Score: 4, Informative

    Thank you BBC beancounters. Thrifty today is costly tomorrow.

  3. So the juristiction is growing. by deviated_prevert · · Score: 4, Funny

    The MPAA and the RIAA must be absolutely scared shitless about the logistics of having to police the galaxy up to 55 light years to make certain that "I love Lucy" is not being pirated. At least the Brits only have to police less than 1875 star systems for pirates. Man those aliens must be really happy out past 50 years that they are finally going to be able to record DR WHO! They must be wonder when they will be able to digitize Gun Smoke and Bonanza but that might not happen in their life times.

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  4. BBC's most effective copyright strategy in effect. by robbak · · Score: 5, Informative

    Namely, destruction of all extant copies.

    BBC destroyed the only copies of most of those episodes decades ago. The only existing copies are some that were sent overseas and temporarily lost, so they were not recovered and destroyed. Others only exist in the form of home-made speaker-to-microphone reel-to-reel audio tapes.

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  5. Doesn't mean you can copy it. by Jason+Pollock · · Score: 4, Insightful

    The music, script and everything else will still be under copyright, and those rights are required to make a copy of the show.

    What you _might_ be able to do is make a derivative work of the audio+video in the episode.

    1. Re:Doesn't mean you can copy it. by Jason+Pollock · · Score: 3, Interesting

      I think you should go read the legislation. Scripts and music embodied in video do not lose their rights by being embodied in the video.

      That's why music creators get royalties for every copy made.

  6. Re:BBC's most effective copyright strategy in effe by Lirodon · · Score: 4, Informative

    Namely, destruction of all extant copies.

    BBC destroyed the only copies of most of those episodes decades ago. The only existing copies are some that were sent overseas and temporarily lost, so they were not recovered and destroyed. Others only exist in the form of home-made speaker-to-microphone reel-to-reel audio tapes.

    Actually, "wiping" was a rather common practice for every broadcaster back then. Tape was expensive, etc.

  7. Re:the mouse will just make it so there is no time by rakslice · · Score: 3, Funny

    You said it, Time Cube Guy.

  8. Re:BBC's most effective copyright strategy in effe by greg1104 · · Score: 5, Funny

    The missing episodes don't start until a few serials in. There are decent quality copies of all of the first three serials floating around. Almost all of the Second Doctor Patrick Troughton episodes are missing though. A few of the key ones are intact--"The Tomb of the Cybermen" and "The War Games" for example--but for the most part his entire run is gone.

    If only we had a way to go back and keep this happening, by using some sort of "time machine"...

  9. Re:BBC's most effective copyright strategy in effe by BigBadBus · · Score: 5, Informative
    Episodes from Tom Baker's era onwards exist in their entirety. The catalogue of stories from before this is rather patchy, and I've put a list of what exists and what doesn't on my website (though you'll need to make sure Javascript is running to see the what the key of icons represents.)

    Interestingly, when the "junking" of old Dr.Who episodes stopped in 1978, both the stories you cite ("Tomb" and "War Games") were either missing completely or the majority of episodes had gone; obviously they have since been recovered (the missing "War Games" episodes from the British Film Institute in 1979 and "Tomb of the Cybermen" from Hong Kong in 1991.)

  10. Re:BBC's most effective copyright strategy in effe by hairyfeet · · Score: 5, Interesting

    Not only that but that old tape was VERY temperamental about how much climate and humidity it would tolerate so had to be kept in...well practically a vault with strict climate control which is why so many shows from the 40s-60s were lost both in the USA and the UK, the cost to keep early tape in playable condition was just insane.

    Also you have the fact that as TVs switched to color most folks really didn't seem interested in watching some old B&W show, they all wanted color to enjoy on their new sets which made corps like the BBC figure that B&W shows would never be worth a nickel and when you figure in the insane costs of storing the film and the cost of the films themselves? not really surprising that they didn't keep them.

    Finally as for copyrights? I believe until We,The People have a seat at the table they should be looked at as what they are, unjust laws bought by bribes and like all unjust laws should be ignored as much as possible. What we have in america does NOT fit either into the framework the founders wrote nor any idea of a "reasonable time", no what we have is Valenti's "forever minus a single day" because every time it looks like that fucking mouse will end up in PD Disney will bribe the politicians for another stay. this is why if you want to pirate something? Please by all means pirate Disney, don't give those bribing bastards a single cent of your money. I mean how fucked up is it that Walt has been dead longer than many here have been alive and many of his first works, made when planes were made of cloth and antibiotics were but a dream, is STILL under copyright?

    Until copyrights actually have limits again we,the People should simply ignore them, they no longer serve their intended purpose and now merely enrich a few old white guys that lock more and more of a culture behind a paywall.

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  11. Re:BBC's most effective copyright strategy in effe by BigBadBus · · Score: 3, Insightful

    Also, don't forget that the Actors and Musicians union limited the number of repeats that could be shown in any given year; nowadays it seems to be mostly repeats with a few new programmes thrown in to the schedules occasionally.
    The Union members hated repeats as their members didn't get paid as much compared to first-run broadcasts. So effectively, the TV broadcasters were accumulating large amounts of material that they couldn't reshow.

  12. Re:BBC's most effective copyright strategy in effe by odie5533 · · Score: 3, Insightful

    You don't see any solution? How about shorter copyright terms so people can redistribute the works instead of needing to privately hoard them for 95 years.

  13. Re:Not rushing to Youtube to watch by Anonymous Coward · · Score: 3, Funny

    No, that's real real money. He was talking about hypothetical real money, i.e. he wouldn't actually pay anything, but he really wants to be able to download it for free.

  14. Re:Of course the actual copies existing is in doub by TheRaven64 · · Score: 4, Interesting

    The first serial (An Unearthly Child) survives and has been restored into pretty good condition. The second serial (The Daleks), also survives. The fourth serial (Marco Polo) is missing some episodes, and so are several of the later ones. Most of season 3 is lost (including all of four of the seven serials and most of several of them, such as The Daleks' Master Plan) and so are some important bits of Season 4 (including most of the last episode, when the first Doctor dies).

    It's a very good argument for shorter copyright, as copyright holders apparently can't be trusted to ensure that our cultural legacy survives.

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  15. Re:Of course the actual copies existing is in doub by Godwin+O'Hitler · · Score: 3, Insightful

    When *anything* is broadcast, nobody can be sure whether one day it will be part of our cultural legacy. Even when there's a time machine in it.

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  16. THEFT of intellectual property by fritsd · · Score: 5, Interesting

    What the fuck are you talking about? There is no requirement for someone to keep a copy of material they create. What sort of reality do you live in?

    Why not, actually?

    I mean, it's an equilibrium between the rights of the work's creator and the rights of the people: the people must forego their right to what has been added to their culture for a limited time, during which time the creator's income from distributing copies of the work is protected by the government.

    After this period of time, the deal is that the people can freely distribute copies of that work of art. It probably works differently for e.g. sculptures than songs, but what's wrong with the following idea:

    • The work's creator gets 14 years of copyright, no registration fee or anything, just © 2013 Michael Mouse
    • The work's creator may buy an additional 14 years of copyright in exchange for € 100 and a signed written statement that a certified digital copy exists
    • The work's creator may buy an additional 14 years of copyright in exchange for € 10 000 and a signed certified digital copy, to be put in the national library. Sue 'em for € 10 000 per work if they lost the certified digital copy or if the signature checksum doesn't match the one from 14 years before. (*)
    • After the second copyright extension, anyone can download the digital copy from europeana.eu or loc.gov etc.

    (*) If the work's creator doesn't cough up the work after having bought one or two extensions, sue them for ..... TADAA...
    THEFT OF INTELLECTUAL PROPERTY

    (I've been looking forward to using that expression in a context where it actually makes sense). For indeed, if you have a contract with your culture to enrich it with your work after profiting from it yourself for a time, and after that time you or your descendants don't live up to your end of the bargain, then you have indeed *stolen* intellectual property from its rightful owners, the society that nurtured your creativity.

    I'd like to add that there should be no penalties if the creator didn't buy an extension and lost their source code in a harddisk crash; let that 14 year copyright extension be a signal that the work is of commercial value.

    What do you think? (Especially if you're Rufus Pollock)

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  17. Re:BBC's most effective copyright strategy in effe by BigBadBus · · Score: 3, Interesting

    Yes the US archival situation is a lot better than the UK one. One reason is that multiple copies of TV shows were made so that they could be shown across the states in multiple time zones and with more copies, there's more chance of something having survived.

  18. Re:Of course the actual copies existing is in doub by TheRaven64 · · Score: 3, Insightful

    Any form of entertainment that is enjoyed by a nontrivial proportion of the population is part of our cultural legacy. It's only later that you can tell how important a part it is.

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  19. Re:Of course the actual copies existing is in doub by Sockatume · · Score: 3, Informative

    They made the right call at the time, given that the alternative to was to archive every tape and stack up a nontrivial fraction of the BBC's budget in a vault in preparation for applications that didn't exist.

    Most media go through a period where the recording format is too valuable not to reuse (magnetic tape) or too fragile to store (nitrocellulose film, early print). Some day maybe we'll invent a way to record brain patterns, but I'm inclined to expect it'll be in a medium like defect-free carbon-hassium nanocrystals that cost $500,000 each. I don't doubt that some re-recording in whatever technology we come up with.

    NASA recorded over the Moon Landing masters, at a time when they were better-funded than they have ever been. The BBC is in good company.

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  20. Re:Of course the actual copies existing is in doub by TWiTfan · · Score: 5, Interesting

    It's unfortunate that the BBC were so shortsighted and "recycled" the master tapes of so many great series. Of course, everyone knows the famous Monty Python story of how that series was almost lost too, but was saved by Terry Gilliam (who basically stole the tapes and put them in his attic). But very few series from that era were so lucky.

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