Congress Is Looking To Extend Copyright Protection Term To 144 Years (wired.com)
"Because it apparently isn't bad enough already, Congress is looking to extend the copyright term to 144 years," writes Slashdot reader llamalad. "Please write to your representatives and consider donating to the EFF." American attorney Lawrence Lessig writes via Wired: Almost exactly 20 years ago, Congress passed the Sonny Bono Copyright Term Extension Act, which extended the term of existing copyrights by 20 years. The Act was the 11th extension in the prior 40 years, timed perfectly to assure that certain famous works, including Mickey Mouse, would not pass into the public domain. Immediately after the law came into force, a digital publisher of public domain works, Eric Eldred, filed a lawsuit challenging the act [which the Supreme Court later rejected].
Twenty years later, the fight for term extension has begun anew. Buried in an otherwise harmless act, passed by the House and now being considered in the Senate, this new bill purports to create a new digital performance right -- basically the right to control copies of recordings on any digital platform (ever hear of the internet?) -- for musical recordings made before 1972. These recordings would now have a new right, protected until 2067, which, for some, means a total term of protection of 144 years. The beneficiaries of this monopoly need do nothing to get the benefit of this gift. They don't have to make the work available. Nor do they have to register their claims in advance.
Twenty years later, the fight for term extension has begun anew. Buried in an otherwise harmless act, passed by the House and now being considered in the Senate, this new bill purports to create a new digital performance right -- basically the right to control copies of recordings on any digital platform (ever hear of the internet?) -- for musical recordings made before 1972. These recordings would now have a new right, protected until 2067, which, for some, means a total term of protection of 144 years. The beneficiaries of this monopoly need do nothing to get the benefit of this gift. They don't have to make the work available. Nor do they have to register their claims in advance.
In other words, "Public Domain" doesn't exist anymore.
144 years?! That's Gross!
Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
Finally, something both Demonrats and Republicunts can agree on!
This is getting ridiculous, especially given that Disney does not produce any new movie featuring Mickey mouse. They should just remove public domain, that way they would not need to add insult to the injury every 20 years.
Just one question: what happens once the works are not protected anymore in other countries? Will Indian and Chinese company produce legal US knock-off for worldwide consumption except in US?
Looks like I might just end up having to go back to bootlegging in the future. Don't refer to it as piracy because I have never taken any of the stuff by force while at sea.
I have actually managed to migrate to a completely legit setup over the years. I own (Or to put it more accurately, am legally authorized to use or view) absolutely everything I have. But if this passes, might just say screw it and go back to the old stuff in the future for any older stuff I want.
Will stick to the legal paths for the newer stuff, but after 14 years, I figure I might just go back to what I did in the old high school days. I will respect the law when the lawmakers respect the laws original intent instead of screwing the public twisting the law against that intent.
They need to call this bill:
"The Fossilizing Culture, Giving Benefits of Creative Masters To Talentless Heirs, Lazy Marketing and Entitled C-Level Executives Act of 2018"
Life of the Corporate owner of the moment, plus eternity.
;)
Just my 2 cents
I was wondering when this was going to happen. They've got a Republican in the Whitehouse who'll sign anything so now's a good time. Not that I think Obama wouldn't have signed this crap, but it still pisses me off. The only politician who _might_ have told them to take a leap is Bernie, and even he might not have bothered. Christ, what a country, what a world.
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will the next generation of smart people have to be creative?
If their parents and grandparents can pass down payments for the next generations?
From the need to support the food and rent of a creative person for been productive to non productive generations getting payments 143 years later?
A book becomes a play. Produced for radio. A book on tape. Then a new movie. A book for the movie with new cover art. A 3d movie. An ebook. A VR game...
Every generational product alteration adds 144 years?
Domestic spying is now "Benign Information Gathering"
This is actually the end of culture as we know it. I recently tried to track down some 3D modelling software that I used to use. Legal copies are not available for sale. I've checked, ebay, amazon, gumtree and google. There are no copies out there. I've checked on every warez site on the internet. literally no-one is carrying that program anymore. All the torrents are dead. Microsoft bought the company in 2008 and axed the product in 2009 during the GFC, so the original publisher is unable to help. Literally the only copy I was able to track down was an old pirate copy sitting on a backup of a failed RAID array that I had here. I've since put it on Dropbox and Google Drive (privately not publicly). We are creating a new dark age with these copyright laws. A lot of information is already lost forever and it's only going to get worse from here.
I knew there would be another extension act because steamboat willie will be in public domain between 2020 and 2025 under the current rules.
I will be voting against any of my representatives who support this no matter what. I'm tired of the corruption.
Delaware. Land of the corporations. What a fucking surprise.
And notice he's Democratic. Supposedly the good guys, according to some. Proof that it's all about the money.
The United States of Mickey Mouse.
Why is Snark Required?
Just fucking STOP already.
-Styopa
Marvel is a Disney subsidiary, Disney being the primary force behind this copyright shit. Boycott Disney and Marvel. Yeah yeah I know it hurts, Deadpool 2 is out now - but Consider that your great great great grandchildren will still have to pay to see that same damn movie.
add an renewal fee or something to fix abandonware / orphan works.
ok, so you revoke the social rules and keep changing things in your favor. you show no signs of respect for us, the consumers.
well, then, its come to the point where we no longer care about you or your 'rules'.
you started the war, but we can play dirty, too, you know.
--
"It is now safe to switch off your computer."
When you write, please do not forget o transfer at least the same amount of money as the companies do.
Don't fight for your country, if your country does not fight for you.
And they own it forever.
“Common sense is not so common.” — Voltaire
If you owe the bank $100 that's your problem. If you owe the bank $100 million, that's the bank's problem.
J. Paul Getty
love is just extroverted narcissism
S.2393 is not a term extension at all but an expansion of the scope of existing state law copyright in pre-1972 sound recordings, whose expiry had already been set at 2067 by the previous term extension. In particular, "sound recording" under U.S. copyright law does not include the soundtrack of "Steamboat Willie", "Plane Crazy (sound version)", or any other motion picture.
they're just like Republicans but they (sometimes) support Gay Marriage and abortion rights. But on anything economic they're hard right and in the pocket of the mega-corps, same as the Republicans. There's a wing of the party called "Justice Democrats" that's trying to take the party over from within. They grew out of the Bernie Bros.
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Show me someone living for 144 years and then we can talk. Otherwise, sorry, no deal.
Liberty - Security - Laziness - Pick any two.
But Mickey Mouse? The only work being done on that is paying lawyers to get copyright extended again.
They have to pay for Walt's cryogenics somehow!
Since the Constitution specifically says "limited", they can't simply say copyright is forever. They'll keep extending it "a little more" each time their bosses, e.g. Disney, has stuff in jeopardy of going public domain.
If it was up to me, I'd set copyright to life of the original author plus 20 years (and I feel I'm being far too generous). If a work is claimed by a corporation and they refuse to name a person, then the copyright is for 20 years, period. No extensions, no exceptions.
-- Will program for bandwidth
Make that 6000 years so you can include the first texts too.
Then - who's the copyright holder? And what if it's now no longer possible to read in any other language than ancient Hebrew since the copyright holder says so?
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
And if you own the bank $100 billion it's a government problem.
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
No retroactive extensions. Copyright for already-existing works stays at whatever the copyright term was when the work was created. Any extension only applies to works newly created after the extension is put into effect.
The purpose of copyright is "to promote the progress of science and useful arts." You can only promote something which has yet to be created; you cannot promote something which has already been created. So retroactively extending copyright terms serves no Constitutional purpose.
This eliminates extending copyright duration for personal gain, and limits arguments about whether or not to extend it within the scope of encouraging new works, not profiteering off of existing works.
This is what gets me. Heirs are a mental construct, cultural. They can be arbitrarily picked/removed. There's no implicit connection for passing down stuff, except the simple idea of giving it to whoever you like.
Which is fine for property. And while imaginary property has that in the name, it's not a possession, it's the recognition of a source, it's the acknowledgement of someone who sired a creation, that an epic storyteller put together a mental feast of worldbuilding or whatever.
It makes sense to honor (ie pay) Tolkien on a philosophical level. "The father of XYZ." Because on a logistics level, he's entitled to nothing for "creating" an imaginary thought with no real-world value, albeit beautiful.
His grandson fits neither level. Whatever is being "passed on" (more usually it's bought) is a cardboard stand propped up by publishers and lawyers - there's no such thing. You don't "pass on" being the father of middle-earth. Bobby had nothing to do with it.
In a word, STUPID
You're talking about possessions.
Which, we could have a conversation about how we call dibs on land, but for now (rightly, some would argue) it's a tangible.
Being an originator isn't. There's no way to pass on "inventor of the sword" to an arbitrary recipient, who somehow becomes the mind-behind and worth recognition (ie in the form of compensation for their conceptual provision)
You're stealing and profiting from whoever invented the chair.
Why bother putting together original ideas if you can just rentseek them indefinitely?
So when will Disney, Hannah Barbara and every other cartoon Maker start paying royalties to Mark Twain's estate for The Prince and the Pauper?
And I feel not one even the tiniest trace of guilt for that.
As much as we may love the products of the entertainment industry, most of that industry is seriously lacking a sense of social responsibility.
Yes, in this case it's China's problem
https://www.theguardian.com/business/2017/apr/09/us-owes-china-billion-dollars-problem-beijing-trump-knows
love is just extroverted narcissism
This must not happen. We'll all know this is part of the larger "the right to read"scheme that has been going on ever since DRM and software patents. It's one more large brick in that wall.
Please don't let this happen.
We suffer more in our imagination than in reality. - Seneca
I gaurantee you there are very few people in Congress willing to stand up to (thanks to the purchase of Marvel, Lucas and now Fox) the largest producer of filmed entertainment on the planet no matter how much lobbying comes from the other side.
Disney will be the owner by default, of course.
How will Mickey Mouse be vastly expanding and improving upon our culture? Will he truly bring us into The Days of Glory?
Just goes to show what a Mickey Mouse congress the US has...
The USA was once the beakon of democracy and freedom with a vibrant culture. True it has a rassistic past and present, but it was getting better for a long time. Then fear crawled up the neck of the USA, poor people get poorer, racism surges, healthcare is further away from a system for all than before, the government alienates allies with lies and cannon boat politics. In short it is now the ugly brother of its former glory. And hollow sound the cry for greatness over the land while the country moves away from former greatness, faster and faster.
Looks like a true spirit of bipartisanship. I wonder what entertainment industry lobbyists actually wrote the bill, and if there are any retiring senators interested in joining the ranks of these lobbyists. In any case, these politicians need to be held to account. I doubt they want the general public to even be aware of this bill's existence.
Cosponsor Date Cosponsored
Sen. Coons, Christopher A. [D-DE] (Introduced 02/07/2018)
Sen. Kennedy, John [R-LA]* 02/07/2018
Sen. Tillis, Thom [R-NC]* 02/07/2018
Sen. Corker, Bob [R-TN]* 02/07/2018
Sen. Booker, Cory A. [D-NJ]* 02/07/2018
Sen. Whitehouse, Sheldon [D-RI] 02/28/2018
Sen. Gillibrand, Kirsten E. [D-NY] 03/05/2018
Sen. Brown, Sherrod [D-OH] 04/09/2018
Sen. Perdue, David [R-GA] 04/09/2018
Sen. Graham, Lindsey [R-SC] 04/09/2018
Sen. Manchin, Joe, III [D-WV] 04/09/2018
Sen. Leahy, Patrick J. [D-VT] 04/09/2018
Sen. Schatz, Brian [D-HI] 05/09/2018
Sen. Cassidy, Bill [R-LA] 05/09/2018
I don't mind how long the copyright is for as long as one has to pay for extensions. Give a copyright for a short time for free, and then charge for renewals. I think 5 years for free would be best, but I would not mind if it was 10 or 25 years. After that time is up, one should have to pay for renewals, and the payment should be in the thousands of dollars. That way Disney and the like could renew the copyright on Snow White and similar works forever, but most works would be free of copyright after a small number of years.
What is about to enter the public domain that absolutely, positively needs to be kept under copyright wraps? And kept under copyright wraps for, what, six/seven generations?
CUR ALLOC 20195.....5804M
stop with the blanket extensions. if they want miky mouse forever set it up so they can just extended that. i
This current regime is incapable of doing anything beyond addressing specific low hanging fruit. The American people's greatest chance of defeating measures like this is the current administration. The overhead of constant litigation has accomplished what our entrenched power structures want, which is limiting the damage that an outsider can do to the carefully orchestrated fleecing system these rent-seeking bloodsucking parasites have installed on the body politic.
Distaste is a tool used to control ignorant people by motivating them to act against their own self interest. If you find yourself feeling distaste toward a public figure it only means you are a victim of your own inability to think clearly. The best revenge against someone you dislike is to control them and make them work for you, not against you. Mindless raging opposition is childlike and stupid. It forces your opponent into an arms race with their overt efforts and turns some of their energy to covert efforts. An easier way to put this is "When you act like a loser you lose."
When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
Copyrights should be limited to the lifetime of the original creator ( individual, not corporation ). Extending those rights does nothing more than erode innovation because the motivation isn't there to create new content.
OR
Maybe we should start increasing the tax rate on money made from said copyrights at static intervals. Normal tax rate during the first twenty years, 2x for the next twenty. 3x for next twenty, then 4x, 5x, etc. At some point continuing to milk that idea would become pointless and would guarantee its release into the public domain.
How will they defeat measures like this? The only mechanisms I can obviously see when comparing with other realms is out of spite (like with the punitive measures attempted against Amazon), or more generalized obstruction that has this as collateral damage.
I don't know where you are getting off in the overall political theory, but the age old problems of regulatory capture and corruption have been an increasing problem in the US, and democratic power is on a decline. As OBE director Mulvaney said, he only met with lobbyists that gave him money, and overall he clearly and crudely laid out the status quo with political figures of his mindset. Money is becoming speech as the supreme court has carved away campaign finance and public corruption laws in the last decade or so, and money begets more money when used to benefit politicians who will steer public policy in favor of their moneyed constituents. The return on investment with such contributions tends to be great. Which, like with 144 year long copyright, has the obvious endgame of rent-seeking.
Mindless raging opposition this is not, it is an informed anger that sees banana republicanism becoming a primary import. This is how the game is played in a lot of countries, and it doesn't take all that much looking to realize that it ends poorly. Maybe you are a billionaire oligarch who can make these guys dance with your puppet strings, but I'm not.
Oh, great, Another Mickey Mouseshit law. Just as the copyright on the original "Steamboat Willie" cartoon from Disney is about to expire, Disney gets everybody spun up about extending the copyright YET AGAIN. The Constitution (remember the Constitution? Our fundament law?) says that patents and copyrights are for "limited" times, and I don't think 144 years qualifies as "limited".
Must be about to have something expire
America has a simple leader in the White House. He tries to keep his promises, he is incapable of serious duplicity as his tendency toward braggadocio precludes sophisticated subterfuge, and is earnest in his efforts to "Make america great again" in a way that is quite unlike what his words are colored to mean.
Instead of the constant barrage of negative press, accusations that have very little basis in fact, and direct insults, all one would need to do is run a couple of news stories about how copyright law changes are stifling American innovation and dis-empowering the electorate. You would have Trump trumping up and down about how this needs to change right away so Americans can take their rightful place amongst the stars and planets in the firmament.
What? You mean to tell me Disney owns one of our major news outlets? We are well and truly fucked, then. Never mind.
When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
Who gets the royalties? Who lives that long?
How about leaving copyright to the authors until released or death.
After then, any further copyright royalties go to benefit the public; NOT the inheriting entity - human or corporate.
Oh, and those secondary copyright terms can be limited.
Self-importance and self-indulgence is the root of ALL evil.