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Music Industry Argues Works Entering Public Domain Are Not In Public Interest

An anonymous reader writes: With news that Canada intends to extend the term of copyright for sound recordings and performers, the recording industry is now pushing the change by arguing that works entering the public domain is not in the public interest. It is hard to see how anyone can credibly claim that works are "lost" to the public domain and that the public interest in not served by increased public access, but if anyone would make the claim, it would be the recording industry.

25 of 302 comments (clear)

  1. Something to see behind the curtain? by ravyne · · Score: 5, Insightful

    I don't know the details of what Canada is doing, but often when it comes to IP enforcement changes around the world, the United States IP lobbies are somewhere in the shadows. Doesn't take much arm-twisting, just a 'gentle' reminder that future trade negotiations will look unfavorably on those who don't uphold IP similarly to the US.

  2. Good by Trogre · · Score: 5, Insightful

    Now can someone please publish the counter-argument, that Copyright is not in the Public Interest.

    Shall we compare them side by side?

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    1. Re:Good by Marginal+Coward · · Score: 5, Interesting

      OK, I'll play. Here's an example I happened to be thinking of recently. Consider the case of a film from the silent era, 1894–1929. On a common-sense basis, it clearly should be in the public domain. After all, the people who made it are all dead - as likely are their heirs. So, who really deserves any money from something created that long ago?

      However, if it's in the public domain, there is no monetary incentive to locate, digitize, and restore such a film. It either sits in a vault somewhere, decomposing (maybe even on nitrate film - egad!), or maybe it was transferred onto videotape before its copyright expired. So, it's either not available at all, or maybe isn't available in the best possible quality. But if somebody still owned a valid copyright for it, they might have a financial incentive to make it available in HD.

      Don't get me wrong, though - I don't think any film from the silent era should still be protected by copyright. But at least some case can be made for that. So there's your counter-argument.

    2. Re:Good by whoever57 · · Score: 4, Insightful

      However, if it's in the public domain, there is no monetary incentive to locate, digitize, and restore such a film. It either sits in a vault somewhere, decomposing (maybe even on nitrate film - egad!), or maybe it was transferred onto videotape before its copyright expired.

      Counter argument: if the copyright holder felt that there was money to be made by transferring to another medium and selling, it would have already happened.

      Instead, all those nitrate copies are locked away and will either burn or decompose. Many of those old movies have copies lurking away, open to non-copyright holders if they had the right to make updated copies and release them. But copyright prevents this.

      --
      The real "Libtards" are the Libertarians!
    3. Re:Good by G-forze · · Score: 4, Insightful

      You didn't address the counter argument though.

      If copyright gave an incentive to keep these works in circulation then they would not be presently rotting away anywhere, they would be widely available. But they aren't. So the existing lengthy copyright regime is currently is doing exactly the opposite of what you argued would happen.

      Add to this, that if the movies were in public domain, *anyone* with an interest - monetary or otherwise - could do the digitization and restoration. This could be some other company, some silent movie buff society, or a museum or archive.

      --
      "There's someone in my head but it's not me." - Pink Floyd, Dark Side of the Moon
    4. Re:Good by Miamicanes · · Score: 3, Interesting

      Actually, a restored copy (or even a digitized copy) would be a derived work. Derived works can be copyrighted independently of the foundation work, as long as some degree of artistic creativity was involved. If I digitally-restored an old film that was in the public domain, digitally-watermarked it, and you distributed unauthorized copies of it, I could most certainly sue you for infringement. I couldn't stop you from independently obtaining a copy of the original work and doing YOUR OWN restoration on it (and getting your own copyright), but I CAN stop you from using MY restored copy as your source.

      Here are some other examples:

      The original German text of Grimm's fairy tales: public domain

      A translation of them (with a few artistic liberties) published long ago: public domain.

      A new translation of them: the lines you changed are a derivative work & copyrighted. The lines that were unchanged from the original translation are public domain. The limits of how far someone could go republishing your translation with your own changes slightly paraphrased: anyone's guess, but likely to be messy.

      You print an anthology of public domain works. I OCR them, and typeset & sell my own anthology. You MIGHT have a valid (if weak) copyright claim if my book had a 1:1 correspondence with yours (every story in one was in the other, in the same order, but without any interpretations/footnotes/etc added by you), but the more my book diverges from yours in form and content, the weaker your claim would be.

      You print an anthology of public domain works. I scan each page, and use the images to publish my own anthology. You can absolutely sue me, because I violated the copyright on your "performance" of the original public-domain works.

      I record myself playing a Beethoven fugue. You copy and sell verbatim copies: I can sue. The content itself is public domain, but my specific recorded performance of it is not. The process of recording, mixing, and editing added copyrightable value. On the other hand, if I performed it in a public place & you made YOUR OWN recording, I'd probably have no valid claim against you. And I absolutely couldn't stop you from performing the public-domain work YOURSELF, recording it, and releasing it on your own.

  3. Re:Because the public must PAY! by TheGratefulNet · · Score: 4, Insightful

    each time I read about the recording industry pulling another fast one, it only encourages me to be bolder and download even MORE 'content'.

    I now refuse to buy movies or music. and I can well afford it, but I simply refuse. because I can - the same reason they keep breaking their promises and agreements with us, the consumers.

    they can, and we can. they don't care, so why should we?

    just give up buying and paying. the bastards are just not worth supporting. too bad about the artists, but they never got all that much, anyway; its the rare performer that really gets rich. most are stiffed by the industry.

    seriously - why should anyone follow laws when the big guys always ALWAYS get off scot-free and break rules without the slightest bit of care?

    --

    --
    "It is now safe to switch off your computer."
  4. I'll be Bach by Tablizer · · Score: 5, Insightful

    Look how bad things went with Bach, Mozart, and Beethoven works. Shouldda let Disney own their notes.

    1. Re:I'll be Bach by NostalgiaForInfinity · · Score: 5, Informative

      Yeah, poor Mozart was buried in an unmarked pauper's grave

      Mozart was buried as a regular citizen. His grave was reused after a decade because that was the custom for all citizens; that wasn't an indication of poverty. The idea that he was buried in a "pauper's grave" is false.

      Mozart's financial difficulties weren't a result of lack of income, but because he spent too much and wasn't prudent with money. He actually made a good amount of money from his works and his performances.

  5. Protect the income of the creators or they can't.. by Anonymous Coward · · Score: 4, Interesting

    ...create anything. Just 'cos the 'net makes it easy to copy and distribute creative works does not make it OK. People who just don't want to pay for stuff should admit it instead of pretending they have some kind of real philosophy or that is is for the creators' good (I mean, it might be, but it should be up to them to decide, not some guy in a basement who really just wants free stuff). The problem is the middle level. I want creators to get well paid and consumers to get well priced access. That does not need a record company, say, in the traditional sense.

    Copyright needs to (I reckon) end with the death of the creator; simple. And the creator has to be a human not a corporation. Probably legally difficult, but makes sense to me. I guess we need ways for copyright to be signed over to a corporation; or do we? Leased instead, until the 'death' of either party or until some agreed time prior. That way a corp can 'own' the copyright but only till the creator dies or the contract is up, whichever comes first.

    This argument I keep hearing that free distribution of, for example, music benefits the musician because they 'make more money in live shows anyway' is moronic in the extreme. Like every musician has the same business model? Sure, for some it might work that way: http://gizmodo.com/5903937/six-reasons-why-recorded-music-should-be-free but not everybody can keep touring. They get older -- do they suddenly lose the right to make any money off their life's work because they can't tour behind it? Musician thinks: "Gee, I've got kids, a wife who works, I can't spend 10 months a year on the road like when I was 25 -- and double whammy, I don't get royalties either 'cos apparently I 'benefit' from all the exposure I get from my music being free." One size never fits all and ideology is often a cover for greed.

    Ideally, creators get to say what happens. That's bound to encourage people to create. They can release their songs into the wild if they want, or not. But it's not up to 'us' to decide.

  6. The reasoning is simple. by Anonymous Coward · · Score: 5, Insightful

    By retaining copyrights, the recording industry can limit availability to older works. By limiting availability, they can drive consumer interest perpetually towards newer works. This ensures that there is consistent demand for new music from new artists, which further ensures that new music is continually created, which is good for everyone.

    The fact that most of this new music is just rehashed variants of the old music which is no longer on the shelves is irrelevant. The fact that the money going to new artists, in this scenario, represents money that is NOT going to old artists that are still alive, is also irrelevant. The fact that the limits on availability often results in the permanent loss of important cultural artifacts is also irrelevant. The fact that people want the old music is also not relevant. And, lastly, the fact that all of this drives people to illegal file sharing networks is the least relevant bit of all.

    1. Re:The reasoning is simple. by Anonymous Coward · · Score: 5, Insightful

      Different AC here:

      Music is not fungible. You cannot trade two Justin Bieber CDs for a Beatles album. You cannot trade a Ke$ha MP3 group for Dark Side of the Moon. Music that is popular is not by signed bands; it is by bands that are built from scratch by the labels with a squad of psychologists and marketing types writing every line of a sing, then hiring good looking musicians who can follow in lock-step, sing, and obey orders.

      The problem is that the music industry is killing itself. Yes, it can squeeze out more from each band it promos... but between streaming, piracy, existing music collections, and many other sources, people are starting to go elsewhere for their music fix... and discovering bands that were footnotes in musical history before. In fact, the entire hipster craze was about finding bands like Neutral Milk Hotel and feeling superior because they know an esoteric band.

      The ironic thing is that I was wondering when there would be news about the industry and its tactics.

      Of course, there is one thing that will turn things around:

      Between jailbreak-proof devices and consoles with a 0% piracy rate, it shows that when there is no piracy, costs shoot up. Back in the Apple 2 days, we were constantly chided for piracy and how software costs would be insanely cheap once piracy was stopped... however, look at consoles now... what used to be a $50-60 game is now a multiple C-note game just to download the DLC pieces which were normally included with the game in the first place.

      So, if there is some law passed mandating DRM stacks, we can see that happening with music as well. Streaming services will go the way of the dodo, and we will be paying $20-$25 per album again... albums with limited plays and locked to the MP3 player or computer, just as in the days of OpenMG and ATRAC3/LiquidAudio devices.

  7. Oh Really? by maz2331 · · Score: 3, Interesting

    Is there any work that is over 50 years old that still brings in big money? The proper solution is to charge an annual fee per work for continued protection of, say $1000/year after 50 years. I'll bet they won't want to pay that.

    1. Re:Oh Really? by PopeRatzo · · Score: 3, Insightful

      Is there any work that is over 50 years old that still brings in big money?

      Come on, you really can't think of any music from the 1950's and '60s that's still bringing in money? Who was that truckdriver from Tennessee with the swivel hips and pouty lips? I think his catalog still makes a bit of money and just about all of his biggest hits were more than 50 years ago. When the Etta James hit "At Last" is used in a Mercedes commercial, or in a popular movie, cash registers are ringing for somebody, but certainly not for anyone who had anything to do with making the music.

      The first handful of Beatle albums were more than 50 years ago. Hell, Miles Davis' Kind of Blue still sells pretty steady and that was what, 1959?

      The most egregious part of this entire saga is how works that were already in the public domain - movies, music, books - are being removed from public domain. This is why you're seeing so many great old movies removed from Netflix. It's shameful and it's hurting both future generations and the current state of the art.

      --
      You are welcome on my lawn.
    2. Re:Oh Really? by Derling+Whirvish · · Score: 5, Interesting
      Quoted from here: http://www.michaelgeist.ca/201...

      Earlier this year, a Canadian company called Stargrove Entertainment began selling two Beatles records featuring performances that are in the public domain in Canada. The records were far cheaper than those sold through Universal Music and were picked up by retail giant Walmart, who continues to list the records on their website (Can’t Buy Me Love, Love Me Do). There were additional titles featuring the Rolling Stones, Bob Dylan, and the Beach Boys. Some of the titles are still available for sale through Walmart.

      The Stargrove Entertainment records provided Canadian consumers with low-priced alternatives while still ensures that the authors of the songs received the approriate royalties. While the sound recording is in the public domain for these works, the song itself remains subject to copyright. Therefore, the song writers – Lennon and McCartney in the case of the Beatles – were still paid for every record sold. The difference is that Universal Records was not profiting from the sale. Instead, a small Canadian company was succeeding in selling the records at a lower price to Canadian consumers.

  8. Copypriveledge The Right To Steal Copies by rtb61 · · Score: 5, Interesting

    How about the core of the problem. Copyright is an artificial construct, people want to make stuff, sell it and keep it, the ultimate have your cake and eat falsity. We owe you nothing, not one thing for making it, you make it's your choice. What you do with it is your choice. Keep it secret, destroy it, release it, make a hard copy and stick it up your arse, all your choice. Nothing what so ever to do with the rest of us, not our choice and most definitely not our responsibility, you made it your choice, so don't want to released, keep it secret, nothing what so ever to do with the rest of us. So why the bullshit of forcing us to protect it like we own it, we don't it yours, do with it what you will.

    The reality of copyright kind of stops there, sure the token thing of ensuring a person who didn't create it can not claim they did but it pretty much stops there. Now you release it, your problem, nothing to do with the rest of us. People copy it with their equipment and their materials, again nothing to do with the rest of us, as such, so what. For the famous car analogy, you make a self replicating car and complain when people us it to make copies and for some reason expect the rest of us to stop them, even when they supply all the equipment and hardware to make those copies.

    Now taking that into account, do you understand why copyright was meant to be limited. OK we will humour you and give you limited protection, like a decade. Then the creative artists cease to be the concerned parties and publishers take over and not one scrap of creativity in them and demand that we enable them to basically print money and pretend it's real because they have enough money to corrupt government. So copyright a token limited right, whoops, privilege not a right at all, as you are attempt to claim ownership of something someone else produced, something some one else paid for and some things some one else has a right to, the copy.

    So copyprivilege is the legal illusion of allowing some to steal other peoples copies that they have created and not only steal those copies but make them pay for creating them after they already paid to create them. That copy is actual property, it used actual materials and equipment and those people who made it paid to make it have a right to it. So seriously what gives anyone the right mind you the 'RIGHT' to steal it. Yes copyright is theft, the right to steal copies legally made by others (they were made with legally owned material, labour and equipment) and pretend they were not legally made because, hmm, 'GREED'. That is the only reason in the majority of instances, as that content in the majority of instance has no public value and in fact quite a large portion of it is damaging too society and in reality as such is of negative value to society.

    --
    Chaos - everything, everywhere, everywhen
  9. You got it all backwards ... by CaptainDork · · Score: 5, Insightful

    First, file sharing networks is THE goddam most relevant bit of all. THAT's what all this is about. The digitization of IP blew up the revenue stream, and it will continue to do so.

    What happened is, all IP looks the same in binary form. That means the tools that manipulate one, manipulates all.

    You have those tools. I have those tools. The government has those tools. The IP industries have those tools. Every country on the planet has those tools.

    Essentially overnight, IP is in the public domain, not by law, but by lack of friction. Digital IP is slicker'n mockingbird shit on a sycamore limb. To rephrase for Texans: It's slicker'n deer guts on a door knob.

    File sharing networks have no problem dragging copies from here to there, to everywhere.

    That's all we need to know. This is not your father's IP world.

    The entertainment business has been making way too much for way too long. Those days are over and there's no going back.

    What we're hearing from IP interests is their last breaths.

    People are going to have to produce entertainment for time and material and a realistic margin of profit.

    It will be good.

    People will be producing IP because, by golly, by gum, it's fun.

    --
    It little behooves the best of us to comment on the rest of us.
    1. Re:You got it all backwards ... by Anonymous Coward · · Score: 4, Insightful

      Believe it or not, if it comes to that the makers of GPL will be happy!

      Free Software may not mean gratis. It means freedom FOR THE USERS. GPL is just a license in order to protect Free Software from being usurped by proprietary non-free vendors, while enjoying similar protections.

      If you buy something that cannot be inspected, tweaked and improved, your paying for your own jail.

      So your idea has been proposed by proponents of FSF and GPL, e.g. RMS, in order to make people free to do whatever they want with any code.

  10. Would you kindly cut out the political crap? by Taco+Cowboy · · Score: 4, Insightful

    If you still have any respect for this forum within Slashdot, would you kindly cut out your political crap, please?

    As this is a thread discussing the action of GREEDY ASSHOLES of the Music Industry, can you please stick to the context?

    Subservience to the vested elite is not limited to the Conservatives - the critters on the other side of the isle, the Liberals, have also proven to be doing the same thing

    It is thus an utter disgust for you kind to pollute this conversation by astroturfing the 'conservative vs liberal' debate

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Would you kindly cut out the political crap? by Anonymous Coward · · Score: 4, Insightful

      Canada does not yet have a two party system. Please stop with your CRAP talking points.

      It is entirely relevant who is in power with regards to these kind of LEGISLATIVE changes.

    2. Re:Would you kindly cut out the political crap? by jblues · · Score: 3, Insightful

      In psychology, cognitive dissonance is the mental stress or discomfort experienced by an individual who holds two or more contradictory beliefs, ideas, or values at the same time, or is confronted by new information that conflicts with existing beliefs, ideas, or values http://en.wikipedia.org/wiki/C...

      This is making me uncomfortable. Until now I thought cognitive dissonance was something entirely contradictory.

      --
      If it acquires resources on instantiation like a duck, then its a shared_ptr<Duck>
    3. Re:Would you kindly cut out the political crap? by cob666 · · Score: 4, Informative

      If you still have any respect for this forum within Slashdot, would you kindly cut out your political crap, please?

      As this is a thread discussing the action of GREEDY ASSHOLES of the Music Industry, can you please stick to the context?

      Subservience to the vested elite is not limited to the Conservatives - the critters on the other side of the isle, the Liberals, have also proven to be doing the same thing

      It is thus an utter disgust for you kind to pollute this conversation by astroturfing the 'conservative vs liberal' debate

      Extending copyright is a legislative action which means it has to be enacted by politicians. Those 'GREEDY ASSHOLES' you refer to would not be able to get away with their heavy handed tactics if they didn't have political clout through lobbying and campaign finance.

      --
      Do what thou wilt shall be the whole of the Law - Aleister Crowley
  11. Re:Protect the income of the creators or they can' by Anonymous Coward · · Score: 5, Interesting

    Your same pathetic argument can be made by every working person on the planet. Except no one else gets to work a few days and then collect the revenue from that brief labour (sorry, "life's work") forever either.

  12. "It's a Wonderful Life" was in the public domain by catchblue22 · · Score: 4, Informative

    Frank Capra's classic "It's a Wonderful Life" was largely forgotten in its time. In 1974, possibly due to an error, its copyright lapsed. TV networks, eager for low cost holiday fare, basically had this film running on a loop during certain times of the year. Then, Paramount managed to pull the movie back into copyright. And low and behold, the showings of this great movie slowed to a trickle once again. Public interest indeed. These media industry slime-balls are evil. Literally evil.

    --
    This and no other is the root from which a tyrant springs; when first he appears as a protector - Plato (423 to 327 BC)
  13. Re:"It's a Wonderful Life" was in the public domai by arth1 · · Score: 3, Funny

    And low and behold

    Unless you talk to an audience of cows, you want to say "lo and behold".