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There Is No "Next Great Copyright Act", Remain Calm

Lirodon writes: A YouTube video has gone viral, particularly around the art community (and the subsection of the art community populated by the same type of people who tend to spread these around to begin with), making bold claims that a revision to U.S. copyright law is being considered, with a particular focus on orphan works. Among other things, this video claims that it would require all works to be registered with a for-profit registry to be protected, that unregistered works would be "orphaned" and be usable by "good faith infringers" and allow others to make derivative works that they would own entirely. Thankfully, this is all just hyperbole proliferated by a misinterpretation of a report on orphan works by the U.S. Copyright Office, as Graphic Policy explains.

93 comments

  1. Shocking. by NeutronCowboy · · Score: 4, Insightful

    Random Youtube video found to be distorting facts and be less than insightful. I never saw THAT coming.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Shocking. by The+Real+Dr+John · · Score: 1

      Not that we don't need a totally revamped copyright law, just that it doesn't seem likely any time soon considering who is in charge.

      --
      A brain is a terrible thing to waste... Mind? That's debatable.
    2. Re:Shocking. by Jason+Levine · · Score: 3, Funny

      It's almost like you can't get your information from random strangers based totally on your friends/family saying "Hey did you hear about this" anymore.

      Next, you're going to tell me that Bill Gates really doesn't enter me in the International Lottery every time I forward cat videos to Nigerian Princes. (Hey, those guys keep dying. If anyone needs mindless entertainment, it's them!)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:Shocking. by Anonymous Coward · · Score: 0, Troll

      The solution to the copyright/patent mess is to terminate it.

      Start by ripping and sharing all the physical media you own.
      And do it over anonymous overlay networks such as I2P and Phantom.
      That way you can share without fear and make the final impact.
      No one needs to feed the machine (with $9.50+++ to the machine and
      $0.50 to the artist) and you can Bitcoin your money straight to the
      artists that make a difference in your life.
      The only thing these labels and distribution companies exist to do
      is tax both you and the artist.
      SCREW THAT.
      Crush these useless companies once and for all.
      Share and share at will my brothers!

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    4. Re:Shocking. by bjwest · · Score: 1

      Not that we don't need a totally revamped copyright law, just that it doesn't seem likely any time soon considering who is in charge.

      You seriously think the Republicans will reform copyright if they get in office? If they do, it'll be in favour of their corporate overlords, and We The People will git shafted even more.

      --

      --- Keep the choice with the user..
    5. Re:Shocking. by ArmoredDragon · · Score: 3, Insightful

      You seriously think the Republicans will reform copyright if they get in office? If they do, it'll be in favour of their corporate overlords, and We The People will git shafted even more.

      I think they're a little more likely to. Freshwater economists (who the Republicans favor) are generally against long copyrights and protectionism/mercantilism of any form (Milton Friedman was one among several who signed a letter urging congress to vote against the Mickey Mouse Protection Act, saying that it's a "no brainer" that it shouldn't be passed.)

      Keynesian (aka salt water) economists, which Democrats often favor, tend to like that kind of thing however, along with other protectionist measures (e.g. tariffs, "make work" projects, and the like.) Also, the Democrats are basically owned by Hollywood.

    6. Re:Shocking. by Carewolf · · Score: 1

      Not that we don't need a totally revamped copyright law, just that it doesn't seem likely any time soon considering who is in charge.

      You seriously think the Republicans will reform copyright if they get in office? If they do, it'll be in favour of their corporate overlords, and We The People will git shafted even more.

      True, but they are slightly less in the pocket of the copyright cartels than the opposition, so if only Obama would say something about strengthening copyright legislation, the Republicans would all over weakening it ;)

    7. Re:Shocking. by Anonymous Coward · · Score: 1

      That'll be why the Mickey Mouse Act was passed with a Republican house majority.

    8. Re:Shocking. by The+Real+Dr+John · · Score: 3, Insightful

      I meant corporations are pulling the strings in both parties. The corporations are pretty much in control now, just ask any politician who is grubbing for money on Wall Street. I see virtually no difference between the two major parties at this point. They spout different red meat rhetoric, but they bow to the same master.

      --
      A brain is a terrible thing to waste... Mind? That's debatable.
    9. Re:Shocking. by Anonymous Coward · · Score: 1

      Hilarious. The Democrats and the Republicans are just "not the other guys". They both do whatever they can to not be the other guys, or to hinder the other guys. That's it. It's purely reactionary. It's a popularity contest where the person disliked the least gets to be king for a few years. The pathetic two party system coupled with the insane amounts of money spent on election campaigns will ensure this continues for generations to come.

    10. Re:Shocking. by Anonymous Coward · · Score: 0

      Trial Balloon.

    11. Re:Shocking. by KGIII · · Score: 1

      It has been the final death blow since Windows ME. XP, Vista, 7, 8, 8.1, and not to forget the many variations such as CE, Itanium, and Tablet, have all been the death blow to Microsoft. I do not typically use their products but, I must say, they have not died yet - and I am glad for that.

      --
      "So long and thanks for all the fish."
    12. Re:Shocking. by GLMDesigns · · Score: 1

      Hey idiot. The Democrats were a huge majority in the late 1970s when this legislation was passed. Republicans didn't get a house majority for another 16 years or so.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    13. Re:Shocking. by Anonymous Coward · · Score: 0

      The "Mickey Mouse Protection Act" was passed in 1998.... https://en.wikipedia.org/wiki/...

  2. The next great copyright scam by strstr · · Score: 0

    What we need to do is gut existing copyright because the typical person does not benefit. Not only copyrights, but trademark and patents. Gone. For ever.

    People will still enjoy making money and art and things because nobody has intent on stopping any of that. People love making things too much, and they love doing it even if they aren't the exclusive owner. People get paid by the fact that only they can create a particular piece of art or item, up against true competition. But if others are skilled enough to make it too, so be it, maybe thats why no one person or entity should have ownership through arbitrary laws.

    I see copyright, trademarks, and patents as mostly allowing law to be used to stifle conpetition and creation of artificial monopolies.

    http://www.obamasweapon.com/

    1. Re:The next great copyright scam by Crashmarik · · Score: 1

      Jurassic world cost an estimated 150 mil
      http://www.imdb.com/title/tt03...

      People love making things too much, and they love doing it even if they aren't the exclusive owner

      People might still love making things, but you are going to have a much harder time getting people to pony up 150 mil

    2. Re:The next great copyright scam by suutar · · Score: 3, Insightful

      but if it doesn't make that back in 14 years, is it ever going to?

    3. Re:The next great copyright scam by ScentCone · · Score: 1

      but if it doesn't make that back in 14 years, is it ever going to?

      A lot of franchise-oriented work these days takes longer than 14 years to even wrap up, as a series/format. There's no reason that someone deciding to risk tens or hundreds of millions of dollars and untold thousands of man-hours on a project that they hope will launch another Potter/Star Wars/Trek/Marvel/Whatever franchise wouldn't be thinking in terms of the work still paying back that risk for fifteen, or twenty years. And why shouldn't they? Playing long ball with creative franchises is perfectly reasonable, if you can get your investors to look at it that way, too.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:The next great copyright scam by Anonymous Coward · · Score: 0

      Then why should it get a benefit of a monopoly rent and free government support at the expense of free expression?

    5. Re:The next great copyright scam by ScentCone · · Score: 1

      Then why should it get a benefit of a monopoly rent and free government support at the expense of free expression?

      For the same reason that you get it, when it comes to your own works.

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:The next great copyright scam by Anonymous Coward · · Score: 1

      Life without Jurassic World movie... oh noes...

    7. Re:The next great copyright scam by davester666 · · Score: 5, Informative

      Some francise-oriented work goes on for 14 years. Not a lot.

      And they aren't going "well, this first one bombed, but we'll go ahead with the other 6 anyway".

      The first one makes a jillion, then they go ahead with #2. And sometimes, if #1 is a really huge hit, they'll go ahead and film #2 & #3 at the same time, particularly to make the movies cheaper and retain the characters at the same age. If #1 bombs, the rest don't ever see the light of day.

      The VAST majority of the money received for 99.99% of all movies are received in the first couple of years after the movie is released.

      Past that, for movies, music and books, it's a lottery ticket. Every once in awhile, it winds up being popular for longer than that, or it comes back into vogue. Basically a fluke.

      Nobody OK's a movie based on the financial returns of a 90 year copyright term. They go ahead if it projects to making a good profit inside a couple of years. After that, it's straightup gravy.

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:The next great copyright scam by Oligonicella · · Score: 2, Insightful

      "... because the typical person does not benefit." Utter bullshit. Anyone creative enough can obtain a copyright, patent or trademark and benefit from it. If someone writes a book, without copyright protection the first lazy moron who comes along can take it and publish it as their own.

      "People get paid by the fact that only they can create a particular piece of art or item, up against true competition." This time shallow bullshit. Without protections, the moment any creative item is available a *corporation* could simply abscond with it, out produce the individual and take it from them.

      Same old screed from those who can't create - "I want access to yours for nothing."

    9. Re:The next great copyright scam by Anonymous Coward · · Score: 0

      Utter bullshit.

      This is about term limits for copyright. 20 years seems reasonable, 90 does;t.

      Same old screed from those who don't create - they believe creation must be done in a vacuum without any influence from prior works.

    10. Re:The next great copyright scam by strstr · · Score: 2, Interesting

      So what is wrong with the first lazy slob coming along and copying it?

      I just don't see why book writers won't continue to write books but do it for free or little return.

      I also believe in ditching capitolism entirely and moving to pure communism. The kind where there is no money or class system, and everyone works for free but also gets everything provided for free such as housing, food, education, healthcare, clothes, transportation, and everyone gets the same amount of it.

      Pure communism has never existed but it is the best most advanced form of socialism. And better than capitolism. Capitolism is an enslavement system, where people with egos get to think and live that "we are better than everyone else" when they really aren't better than anyone.

    11. Re:The next great copyright scam by johanw · · Score: 1

      Why would I want that? You can quote my posts here for free, I don't care.

    12. Re:The next great copyright scam by Merk42 · · Score: 1

      Utter bullshit.

      This is about term limits for copyright. 20 years seems reasonable, 90 does;t.

      Same old screed from those who don't create - they believe creation must be done in a vacuum without any influence from prior works.

      The OP said "Not only copyrights, but trademark and patents. Gone. For ever."
      That doesn't sound like a limit, but an outright elimination. That was the mindset GP was replying to.

    13. Re: The next great copyright scam by Anonymous Coward · · Score: 0

      Not the best example. Jurassic World took in over $500 million in its opening weekend alone.

    14. Re:The next great copyright scam by Anonymous Coward · · Score: 0

      So no reason, then.

    15. Re:The next great copyright scam by Critical+Facilities · · Score: 1

      This should not be modded troll, you're spot on, dude. The only people who don't understand this are a) non-artists and b) cheap assholes who like to steal whatever they can get away with.

    16. Re:The next great copyright scam by Critical+Facilities · · Score: 1

      Man, I hope you're being facetious.

    17. Re:The next great copyright scam by Anonymous Coward · · Score: 0

      Why would I want that? You can quote my posts here for free, I don't care.

      Excellent. You have that choice. That you can't wrap your head around the necessity for copyright in huge swaths of our economy and culture, because you don't personally risk most of your waking hours in the creation of things for a wider audience/market is unfortunate. But you're welcome to give your time to whomever, whenever, as you see fit. Nobody wants to take that away from you. But people who'd rather rip off their entertainment than pay what the people who create it are asking - they DO want to take something away.

    18. Re:The next great copyright scam by Anonymous Coward · · Score: 0

      Why would I want that? You can quote my posts here for free, I don't care.

      That’s probably because you recognize that what you’ve expressed is of little actual value, so of course you don’t care. Others, however, do a better job of generating content that’s really worth something to themselves and others.

    19. Re:The next great copyright scam by dryeo · · Score: 1

      Well considering it lost money, perhaps we would be doing the investors in discouraging these scams.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    20. Re:The next great copyright scam by dryeo · · Score: 1

      There's trademark law to cover franchises. eg James Bond is trademarked so no-one else can make a James Bond movie even when the books are out of copyright.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    21. Re:The next great copyright scam by nmb3000 · · Score: 2

      Then why should it get a benefit of a monopoly rent and free government support at the expense of free expression?

      For the same reason that you get it, when it comes to your own works.

      What kind of a reason is that? It sounds like you're saying that we should just set limits based on whatever the greediest want -- after all, it means it applies to everybody, so it must be fair, right?

      There's a phrase for that: tragedy of the commons. Our shared culture, of which creative works are a large part, is being gobbled up and locked away behind effectively infinite imaginary property laws. Just because anybody can do it doesn't make it right or acceptable.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    22. Re:The next great copyright scam by ScentCone · · Score: 1

      And what's the most common counter-argument? That the moment an artist creates something, it's part of the shared culture and the artist has zero claim over its use. Which is worse - a system that allows someone who spends a lifetime creating something of value to still have control over that as part of the career and estate that she's built ... or a system where essentially every creative professional is chased out of that line of work and into flipping burgers because millions of idiots feel entitled to free entertainment from their music, prose, and film slaves?

      Right. That's a false dichotomy. But it has to err on the side of defending the rights of the people who actually create things, not the leeches who want to rip things off in the name of free entertainment.

      --
      Don't disappoint your bird dog. Go to the range.
    23. Re:The next great copyright scam by hackwrench · · Score: 1

      We wouldn't need things like Jurassic World if we had decent tools that helped us overcome whatever handicaps we have in making decent content ourselves. However there is plenty of free work out there legally already that I personally don't need Jurassic World.
      http://www.qb64.net/forum/
      http://sourceforge.net/directo...
      http://freebasic.net/forum/

    24. Re:The next great copyright scam by hackwrench · · Score: 1

      But they do want to take giving your time to whomever, whenever, as you see fit. They do it every time somebody said what you wanted to say first.

    25. Re:The next great copyright scam by david_thornley · · Score: 1

      Let's look at trademarks first. They don't stop you from doing anything other than misrepresenting the stuff you're selling as somebody else's. They're beneficial, since they make enforcing the misrepresentation a lot easier. Trademarks are artificial monopolies that apply only to artificial distinguishing features. They do not stifle honest competition.

      Patents are much abused nowadays, but there's a lot of work that wouldn't be done without patents. One example is pharmaceuticals; it takes a LOT of money to go from a drug that has promising results in rats to a drug that can be sold for use on humans. It isn't always successful, either, so the successes have to make up for the failures. Without the ability to make a lot of money from the drug for a few years, pharma companies couldn't afford to research new drugs.

      Copyrights aren't so necessary to keep people creative as to get people to make quality products. It's fun to write. It's much less fun to edit, fact-check, and typeset, and people who do that generally want money for it. Without copyright, competition doesn't matter for financial purposes, because nobody makes money off their creative endeavors. The difference between a great author and a bad one would be how many copies of their works were made, not that one would make more money than another.

      Let me tell you how I benefit from these laws. If I buy something, I can look at the trademark, and if I know something about the company that owns it, I can draw some conclusions about the quality. I get people to write books and make movies that I like and am willing to pay for. I can use new drugs for medical conditions I have.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:The next great copyright scam by Crashmarik · · Score: 1

      Your welcome to live your own life. I happen to like big budget movies that are made really well.

  3. that's a shame by AvitarX · · Score: 1

    From the summary it sounds like good reform

    --
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    1. Re:that's a shame by Anonymous Coward · · Score: 0

      The summary sounds good:
      Abandoned works would gain a status like public domain. Companies would need to invest in valuable properties, so they would be less likely to hold onto unprofitable properties, just in case those properties might have a use someday.

      So, why did the article say "thankfully" this won't happen? Well, because there is a down side to what was described:
      A poor person who creates a work of art (whether a computer program, a book, or something else) would not be able to copyright their creation unless they are paying a "for-profit" company. So rich companies can gain protection, but not individuals who might not currently have money.

      So, although the summary did sound pretty good from one perspective, there was also a flip side, which is probably what the opposition was focusing on more.

    2. Re:that's a shame by Anonymous Coward · · Score: 0

      It costs money today to register your work. If you don't register a work you can never receive monetary damages from infringers, only an injunction.

      I think such a reform would be awesome--require that a work be re-registered after every N years. If registration isn't up-to-date, then permit "good faith" infringers to continue using the work. The only possible concern here is derivatives works after notice has been given. That is, if you create a line of t-shirts with an image you thought was fairly safe to use, then if the copyright holder complains but the work wasn't registered, I think it's fair to be able to continue selling those t-shirts. The copyright holder wouldn't be allowed monetary damages today, anyhow. How fair is it that the "submarine" copyright holder can appear and torpedo your investment in your line of t-shirts? This maybe breaks down if you want to expand your line-up, so there's room for debate when it comes to derivatives.

      But because "derivative" is a much more difficult question in the software world, the whole reform might be irrelevant for software unless you permitted a much wider scope to use orphaned works even after re-registration and notice.

      The whole bit about a for-profit company just seems like trolling. What does it matter whether I give $35 to the Copyright Office or $35 to Copyright Broker, Inc? That's not a rhetorical question, either. Feel free to provide substantive distinctions.

    3. Re:that's a shame by Anonymous Coward · · Score: 0

      Yeah, that's how we know this was fake.

      When it comes back with provisions where copyrights no longer expire because we're sure that the Constitution's "limited times" clause has no real meaning according to at least 5 out of 9 justices, then you'll know that the real "reform" bill is underway.

    4. Re:that's a shame by Kjella · · Score: 1

      From the summary it sounds like good reform

      Probably because you have a rose-tinted view of how it would work. Here's how it really will work: Big companies have lawyers and systems to keep track and will do the legal minimum to avoid "orphan" status. The little guy won't keep it available for sale, file the correct paperwork or keep up with his payments, giving big corporations a free source of expired material.

      The price of registration would likely be a flat fee, favoring large commercial successes made by big companies over small artists. If it was tied to profit made on the work you'd see Hollywood accounting and it's not about the pennies they earn on Steamboat Willie, it's about protecting the Mickey Mouse character. Copyright should simply be way shorter by default, then the few exceptions who are willing to pay for a few more years can apply for an extension.

      --
      Live today, because you never know what tomorrow brings
    5. Re:that's a shame by ScentCone · · Score: 3, Informative

      If you don't register a work you can never receive monetary damages from infringers, only an injunction.

      No. If you don't have the work registered, you can only go for the injunction, and for your customary rates/invoicing on the work in question. What having the work registered does is allow you to take the infringement case to federal court, and to seek punitive damages.

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:that's a shame by Jason+Levine · · Score: 1

      No, it wouldn't be. Requiring a "for profit entity" to register copyright would mean that any home/hobbyist/non-profit who created work might as well hand it over to giant ad companies to use without compensation or possibly even credit. In short, it would be handing even more power to corporations.

      Thankfully, this isn't really happening.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    7. Re:that's a shame by david_thornley · · Score: 1

      The companies would presumably have to use due diligence in finding the actual copyright holder. This is similar to misplaced money, in which the person who owed someone has to use due diligence to find the person or enterprise owed the money. This means that some people in Minneapolis have failed to find the University of Minnesota when doing their due diligence.

      This means that, if you create something and register the copyright, a corporation will come along, do due diligence, fail to find you despite your name on the copyright and the contact information on the registration, publish their own version, and when you come after them they will show that they were acting perfectly properly and have a right to sell your stuff and not give you anything, and if you disagree you can spend a few hundred thousand in legal fees demonstrating that.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  4. oh my my, oh my my by turkeydance · · Score: 0

    you can boogie, you can slide..... Ringo summarizes this post best.

  5. WHUT by Anonymous Coward · · Score: 2, Insightful

    "Thankfully, this is all just hyperbole proliferated by a misinterpretation of a report on orphan works by the U.S. Copyright Office"

    Why 'thankfully'?

    1. Re:WHUT by ScentCone · · Score: 1

      Why 'thankfully'?

      Because if the breathless crap being fretted about were actually to come to pass, it would be a huge pain in the ass to everyone who actually creates things for a living.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:WHUT by Jason+Levine · · Score: 1

      Just because copyright needs radical change doesn't mean that ANY change is good. In particular, were this rumor true, requiring a for-profit entity to exist to register copyright to would mean that all casual creators (that includes anyone who posts a photo online), hobbyists (including people who contribute code to not-for-profit open source projects), and non-profit entities would be at the mercy of for-profit companies. Especially big for-profit companies who could take the "orphaned" material, use it themselves, not give any compensation or credit, and sue anyone who tried to thwart their efforts.

      I want to see copyright changed as much as the next guy, but this wouldn't have been a welcome change.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:WHUT by KGIII · · Score: 1

      I could see my way to agreeing to a 20 year copyright, a 15 year patent, and trademarks being in perpetuity as long as the company exists and the trademark is defended. I say this as someone who has worked with all three professionally and someone who has never assumed copyright in my private life - anything I code I give away, with no strings attached, for example. However, what I do with my private creations is my choice. I believe in allowing others to choose as well.

      --
      "So long and thanks for all the fish."
  6. Copyright needs reform by infernalC · · Score: 1

    If anything, the digital dissemination of copyrighted works, on the whole, increases the speed with which they depreciate, since more people who desire to purchase a legal copy of a copyrighted work can do so much more quickly than was previously possible, and since legal copies of copyrighted works don't degrade in quality over time (if you have a good cloud to store them in). I think that copyright term should be reduced to account for this.

    1. Re:Copyright needs reform by Anonymous Coward · · Score: 0

      How about back down to what they were originally in this country: 14 years with an optional 14 year extension that you had to specifically file for.

    2. Re:Copyright needs reform by viperidaenz · · Score: 1

      But what about Mickey Mouse?

    3. Re:Copyright needs reform by Jason+Levine · · Score: 3, Interesting

      How about back down to what they were originally in this country: 14 years with an optional 14 year extension that you had to specifically file for.

      If I were able to reshape copyright law myself, I'd do three things:

      1) All new works are copyrighted for 14 years plus a one-time 14 year extension that you must file for.

      2) All non-commercial infringing (i.e. no profit motive - and, no, ads don't count) would carry a penalty of $100 times the market value of the work. For example, get caught distributing 500 MP3s? Your fine would be around $50,000 (500 * $1). Still high, but not "bankrupt you for life" high.

      3) All existing copyrights would phase out gradually. (This would be a concession to businesses.) Starting with the oldest material, five years' worth of material would enter the public domain every year until all material was under the new copyright length. This should give companies plenty of time to plan for the public domain.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    4. Re:Copyright needs reform by Bob+the+Super+Hamste · · Score: 1
      --
      Time to offend someone
    5. Re:Copyright needs reform by Theaetetus · · Score: 1

      2) All non-commercial infringing (i.e. no profit motive - and, no, ads don't count) would carry a penalty of $100 times the market value of the work. For example, get caught distributing 500 MP3s? Your fine would be around $50,000 (500 * $1). Still high, but not "bankrupt you for life" high.

      But that's not the relevant market value. For example, Apple distributes MP3s on the iTunes Music Store. Do you think, for example, they only paid $1 to Taylor Swift to distribute Bad Blood? Of course not. They're paying royalties and likely have a fixed floor amount too (e.g. 30 cents per copy sold, minimum of $100,000, with the expectation that they're going to sell way more than a million copies). Or, for another example, remember a decade or two back when Michael Jackson bought distribution rights for a whole bunch of the Beatles' catalog? He paid $47.5 million for 4000 songs, or a little under $12k per song.

      So, the market value for a single download of an MP3 may be $1, but the market value for distributing the MP3? Try somewhere between $10k and $150k or more. And suddenly, the damages of $9,250 per song for Jammie Thomas-Rasset, or $22,500 per song for Joel Tenenbaum sound a lot more reasonable.

      It's not that copyright damages are flawed... It's that people aren't making just copies for themselves, but are entering the market as distributors.

    6. Re:Copyright needs reform by Jason+Levine · · Score: 1

      The big problem is that copyright fines were set when the major copyright violators were commercial in nature. Sure, people would make mix tapes and distribute them, but they were small-time operators compared to the CD presser who could make a hundred copies of the latest CD, sell them for a couple of bucks each, and make a major profit. The fines were set to bankrupt such operations so they couldn't just spring up elsewhere.

      Nowadays, though, anyone can become an unauthorized distributor in a matter of minutes (depending on connection speed and how fast you can install software). There is also no profit motive - installing BitTorrent and sharing out your music library isn't done because it rakes in cash - and there is no way to really know how many songs were distributed. This should definitely carry a penalty, but the current penalties outweigh the impact. Fining someone $75 million for sharing 500 songs does nothing but put that person into bankruptcy permanently.

      Actually, it does do something else. It allows the copyright holder to force the person into a deal. If you are facing a long trial with a possibly life-ruining fine at the end, the copyright holder's $3,000 settlement agreement sounds great. Even if you are innocent (the IPs "matched" but don't actually belong to you for one reason or another), fighting a huge battle with horrible potential consequences at the end is not something many people can afford. In essence, the copyright holder comes to the fight with a tank and the alleged infringer comes with a slingshot.

      Making a "non-commercial" copyright infringement tier would level the playing field a bit. It would still let copyright owners smack down infringers, but it wouldn't allow for the abuse of "settle on our terms or face a $75 million fine!"

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    7. Re:Copyright needs reform by Theaetetus · · Score: 1

      Making a "non-commercial" copyright infringement tier would level the playing field a bit. It would still let copyright owners smack down infringers, but it wouldn't allow for the abuse of "settle on our terms or face a $75 million fine!"

      There actually already are two tiers for commercial or non-commercial infringement, but they're rarely utilized: there are criminal penalties for for-profit infringement that don't apply to non-commercial stuff; and you know how people always say that statutory damages are "up to $150,000 per work"? That's for willful infringement. The regular tier is $750-$30,000 per work. And, in this context, "willful" does not mean "intentional" or even "I knew this was under copyright, and still infringed" (there's an entirely separate tier for innocent infringement, with 'up to $200 per work' statutory damages). Rather, "willful" means something closer to "malicious". Like, if you hate movie ticket prices, so you pirate and distribute the movie in order to drive theaters out of business. Or if you're distributing pre-release leaked versions, knowing that it will kill the release-day market.

      Normal infringement should be in that $750-$30,000 tier. However, infringement defendants have never raised that argument, because they've taken the (always losing) position that $1 should be adequate damages, and for them, even $750 is too much. So, the judges hear one side saying "$150,000" and the other side saying "$1", and only the former is supported by the law, so that's the end. If some defendant were to try to not shoot for the moon, for a change, we might see proper application of these tiers.

    8. Re:Copyright needs reform by sixsixtysix · · Score: 1

      i'd add that it has to "made available" to be protected. none of this back-in-the-vault bullshit.

      --
      ...
    9. Re:Copyright needs reform by Jason+Levine · · Score: 1

      Well, with a 14 year + one-time 14 year extension, "the vault" becomes less of a concern. Suppose you run a company and a movie under your copyright was just released. The clock is ticking and you have only 28 years (assuming you extend the copyright, which I'm sure most companies would do) to profit from it. Putting the movie "in the vault" is essentially saying "We're not going to profit off of this for a period of time." Put it in the vault for 5 years and you're giving up 18% of your copyright term. Companies would rush to maximize profits on their movies and "the vault" would be less and less of an issue.

      I would add one more technical detail, though. Ripping DVDs/Blu-Ray discs of movies that have entered the public domain would be explicitly legal no matter when the DVD/Blu-Ray was released. So no releasing the "Super Ultra Platinum Edition" Blu-Ray a year before the copyright expires and then claiming that this disc is protected for 28 years. The movie's copyright still expires in a year and, after that, it's public domain so posting a rip of it online is fair game.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  7. congress sucks by Anonymous Coward · · Score: 1

    Orphan works wouldn't even be that much of a problem if Congress didn't keep extending the copyright term. Most of those orphan works would be in public domain by now, and commercial entities could appropriate them to their heart's content.

  8. In Fairness To Chicken Little... by IonOtter · · Score: 1, Insightful

    The last 20 years of copyright law has been a vast collection of Evil Genius Plots To Take Over The World, with no small number successfully being implemented.

    People can be forgiven for believing the worst without checking the facts.

    --
    [End Of Line]
    1. Re:In Fairness To Chicken Little... by Jiro · · Score: 1

      Yes, but this is different, because the supposed copyright law was in the other direction. If there's anything that the evil geniuses behind our copyright laws would *not* do, it's to make it *easier* to copy works legally, which is what this claims is being done.

    2. Re:In Fairness To Chicken Little... by Anonymous Coward · · Score: 0

      It's not that implausible. See comment above.

  9. This sounds like... by Anonymous Coward · · Score: 0

    what most people on here profess to want.

  10. abandonware issues and old IP being split up by Joe_Dragon · · Score: 1

    abandonware issues and old IP being split up to muilt owners putting it in a messy limo.

  11. Isn't that pretty much what Google did with books? by xxxJonBoyxxx · · Score: 1

    >> require all works to be registered with a for-profit registry (Google?) to be protected, that unregistered works would be "orphaned" and be usable by "good faith infringers" (Google again?)

    Isn't that pretty much what Google did with books a few years ago?

  12. But there is a "Next Great Copyright Act" by Anonymous Coward · · Score: 2, Informative

    It's called the Trans-Pacific Partnership. Extends the copyright term to 120 years, eliminates fair use as a copyright infringement defense, and institutes extrajudicial legal proceedings that allow copyright holders to seize your property if it is being used to "infringe."

  13. Are we reading the same US code? by Xenographic · · Score: 4, Informative

    No, if you haven't registered the work, you're only able to get actual damages (which is something like your 'customary rates' but it depends on what you can prove) rather than statutory damages and attorney's fees. Actual damages are close to what you said, but statutory damages are not "punitive" damages at all.

    But don't take my word for it, read the actual law on the subject.

    Oh, and it so happens that you can register just before filing suit, but a registration that isn't timely doesn't have the same presumption of validity that it would if you were registering long before there was a lawsuit close on the horizon.

  14. In favor of paid copyright protection by johannesg · · Score: 2

    This is how copyright should be changed: give every 'work' ten years of free protection - plenty to understand whether it is making money or not. And beyond that, allow for infinitely repeatable five-year terms, paid for at a progressive rate. That way everyone can be happy: basic protection is in place for free, and anything that is valuable can be protected up to its economic value but not beyond.

    Copyright owners can be happy: they finally have their infinite copyright - or at least as it makes sense economically.
    The public can be happy, as older works will eventually fall into public domain.
    The government can be happy, as copyrighted works become a steady source of income.

    See, everybody is happy!

    1. Re:In favor of paid copyright protection by Anonymous Coward · · Score: 2, Insightful

      We already have a system where copyright is extended indefinitely in exchange for money. It's called lobbying.

    2. Re:In favor of paid copyright protection by Anonymous Coward · · Score: 1

      "Copyright owners can be happy: they finally have their infinite copyright - or at least as it makes sense economically."

      They would not be happy in the slightest. You're saying they should start PAYING for their copyright after as short as 10 years compared to the current 90-100 odd years. An ever more expensive payment at that which will force them to eventually drop it out of fear of bankruptcy. Likely long before the 100 years they currently enjoy is up.

      What they want is infinite copyright that's free. And they already have it in practice. Every time they get an extension, then they get an extension on the time they get to extend it even further. What do you think has been happening since Mickey Mouse. Copyright won't ever expire because of this. Just because there's a supposed time limit on paper, it means nothing when they keep rubbing out the value and making it larger.

    3. Re:In favor of paid copyright protection by johannesg · · Score: 1

      Their lobbying clearly indicates they want indefinite copyright. I'm simply asking them to put their money where their mouth is - and in the process stop bothering the rest of us with ridiculous copyrights on ancient works that have no economic value whatsoever. It is not at all an unreasonable request that the user pays, so to speak - that copyright holders who want protection beyond a reasonable timeframe, also get to pay for enjoying that protection.

      It is precisely those continuous extensions that I want to put an end to. Instead of extending copyright for _every_ work, do it my way: let the copyright holder choose, but also let them pay for the privilege. Mickey Mouse will be under copyright for a long time to come, but works that are no longer economically viable shouldn't simply be locked into a cupboard and forgotten. My proposal sets them free.

    4. Re:In favor of paid copyright protection by Anonymous Coward · · Score: 0

      No. That's awful. That means that Mickey Mouse type shit is copyrighted forever, but an individual's work is free game for insert-personal-most-hated-company-here to use in their ads after 10 years. Unless your scheme is something like "1$/year, doubling every year" and is thus impossible to pay for more than a few decades, it's basically the worst type of solution: one that strips individuals of their protections while simultaneously enabling corporations to expand theirs.

    5. Re:In favor of paid copyright protection by Anonymous Coward · · Score: 0

      Oh good, a system that favours the wealthy. I'm glad someone is looking out for the richest in society, we wouldn't want them to have to work for more money or anything.

    6. Re:In favor of paid copyright protection by Theaetetus · · Score: 1

      This is how copyright should be changed: give every 'work' ten years of free protection - plenty to understand whether it is making money or not. And beyond that, allow for infinitely repeatable five-year terms, paid for at a progressive rate.

      Other people have mentioned the "infinitely repeatable" issue, so I'll simply mention that aside from that, your idea isn't terrible and has parallels in patent law: patents are valid for 20 years from filing, provided the patent owner pays maintenance fees at 3.5 years, 7.5 years, and 11.5 years... and those fees are $1600, $3600, and $7400 respectively. As a result, many patents get abandoned long before their full 20 year term.

    7. Re:In favor of paid copyright protection by Anonymous Coward · · Score: 0

      I'm going to jump into this conversation and give my two cents.

      Don't forget about small-time authors and whether or not a renewal system could hurt them.

      A two-tired system.
      70 years as is now, except for: music and videos, which would get a 30 year term. However, the 30 year term wouldn't allow freely selling copies, such as DVD or movie tickets. It's mainly aimed at freely sharing and perhaps TV networks showing things that are 30+ years old without having to get permission. But the storylines, etc., would still remain at the 70 year mark. I'm just saying that if a TV network can get a copy of something, they can play it. But they cannot significantly modify or borrow the ideas.

      I'm tired, so I probably messed up saying something above.

  15. Propaganda by Anonymous Coward · · Score: 0

    By showing a giant spectrum of possible actions people are more likely to accept a small copyright change.

    I don't know if this was the original authors motive, but the damage is done.

  16. MPAA here by Anonymous Coward · · Score: 0

    ... that unregistered works would be "orphaned" and be usable by "good faith infringers" ...

    Dammit, why didn't I think of that. Sally, take a memo for our mouthpieces in Washington.
      - MPAA executive

  17. She did not just tell me to calm down by Anonymous Coward · · Score: 0

    I was already fired up about copyright and will remain so!

  18. Not so fast by Anonymous Coward · · Score: 0

    You all need to do some research in the work of Aaron Schwartz (Murdered by the Justice Department). He and other created an idea called "Creative Commons" (cc).

  19. Thankfully? by hackwrench · · Score: 1

    Why Thankfully?

  20. The video I watched... by ccanucs · · Score: 1

    This is the video I watched on the subject. It seemed more than plausible. I didn't get all the way through - only about an hour.

    http://gurneyjourney.blogspot....

    1. Re:The video I watched... by ccanucs · · Score: 1

      And here is the link to the copyright office's document requesting input by the 23rd July.

      http://copyright.gov/fedreg/20...