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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.

11 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.

  3. 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.

  4. 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.

  5. 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
  6. 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.
  7. 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.

  8. 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.