Slashdot Log In
Copyright Cutback Proposed As RIAA Solution
Posted by
CmdrTaco
on Wed Jan 02, 2008 10:59 AM
from the things-that-would-help-but-are-impossible dept.
from the things-that-would-help-but-are-impossible dept.
An anonymous reader writes "InfoWeek blogger Alex Wolfe proposes a novel solution to the ongoing spate of RIAA lawsuits over alleged music copying. He suggests legislation which cuts back corporate copyrights from 120 years to 5 years. 'We should do what we do to children who misbehave,' he writes. 'Take away their privileges.' Wolfe says this is regardless of the misunderstanding surrounding the latest case, which apparently isn't about ripping CDs to one's own computer. As to those who say copyrights are a right: "That's simply a misunderstanding of their purpose. Copyrights, like patents, weren't implemented to protect their owners in perpetuity. They are part of a dance which attempts to balance off societal benefits against incentives for writers and inventors. You want to incentivize people to push the state of the creative and technical arts, but you don't want give those folks such overbearing protections that future advances by other innovators are stifled." What do you think; is it time to cut off the record industry?"
Related Stories
[+]
Your Rights Online: RIAA Not Suing Over CD Ripping, Still Calling Rips 'Unauthorized' 175 comments
An Engadget article notes that the Washington Post RIAA article we discussed earlier today may have been poorly phrased. The original article implied that the Association's suit stemmed from the music ripping. As it actually stands the defendant isn't being sued over CD ripping, but for placing files in a shared directory. Engadget notes that the difference here is that the RIAA is deliberately describing ripped MP3 backups as 'unauthorized copies' ... "something it's been doing quietly for a while, but now it looks like the gloves are off. While there's a pretty good argument for the legality of ripping under the market factor of fair use, it's never actually been ruled as such by a judge -- so paradoxically, the RIAA might be shooting itself in the foot here."
Submission: Copyright Cutback Proposed As RIAA Solution by Anonymous Coward
This discussion has been archived.
No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
Full
Abbreviated
Hidden
Loading... please wait.
Preaching to the choir (Score:5, Insightful)
Re:Preaching to the choir (Score:5, Insightful)
Parent
Re:Preaching to the choir (Score:4, Funny)
I think you meant to type "Sonny Bono" but, then again, maybe you really weren't that far from being right.
Parent
Re:Preaching to the choir (Score:5, Insightful)
Parent
Re:Preaching to the choir (Score:5, Funny)
Parent
Re:Preaching to the choir (Score:5, Funny)
Parent
Re:Preaching to the choir (Score:4, Insightful)
Mod me down in-case I just gave some shill a bright idea.
Parent
Flaming to get hits. (Score:5, Insightful)
1. It really couldn't happen because it would violate more than a few international agreements.
2. corporate vs personal copyrights? A lot of artists when they start make money incorperate. Where do there works fit in?
It is a non solution to a real problem. But lots of people will click on the blog and read the ads and they will make money off it.
Thank you for playing and paying.
Parent
Re:Flaming to get hits. (Score:5, Insightful)
So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?
Obviously, once you eliminate fuzzy measures like "life of the author," corporate and personal copyrights can be exactly the same 5 years.
Parent
Re:Flaming to get hits. (Score:5, Interesting)
I'd be pretty happy with 5 years for corporations, 10 years for individuals, each with the option to renew for one more term. If you can't recoup your investment within this time frame, you don't need to be in this business.
Of course, I'd also like to see perpetual copyrights for free-as-in-speech works, but that's probably too much to ask.
Parent
Re:Flaming to get hits. (Score:4, Interesting)
Parent
Re:Flaming to get hits. (Score:4, Insightful)
So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?
Well first of all international agreements have less to do with 'foreigners' and more to do with one's own government since they had to agree to it (hence the word agreements).
Secondly, in my experience, in America the cooperations have all the power but allow the citizens to think they have power.
And Americans have very little right to talk about sovereignty since they have little to no respect for the sovereignty of others.
Parent
Re:Flaming to get hits. (Score:4, Informative)
Neither, large multi-national corporations do. And they like the 120 year stance, so let's all get used to it... there are too many "critical thought impaired" citizens with voting cards in the country. Sorry.
Parent
TRIPS (Score:5, Informative)
So what? Answer me this: In America, who has sovereignty? We the actual citizens, or foreigners?
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. Its inclusion was the culmination of a program of intense lobbying by the United States [wikipedia.org].
The United States strategy of linking trade policy to intellectual property standards can be traced back to the entrepreneurship of senior management at Pfizer in the early 1980s, who mobilized corporations in the United States and made maximizing intellectual property privileges the number one priority of trade policy in the United States (Braithwaite and Drahos, 2000, Chapter 7).
Parent
Re:Flaming to get hits. (Score:5, Insightful)
I keep hearing this "sovereignty" thing bandied about by (usually conservative) people. They usually say it in the context of "we'll be giving up our sovereignty" with this treaty or that or "we should do [insert treaty-breaking thing we just feel like doing] because we have sovereignty!"
Here's the thing; Abiding by your agreements IS NOT some sort of weakness where you're somehow giving up your right of self-determination. It's simply keeping your end of a bargain. It's, you know, that honesty thing, where you make a contract, and then do the thing you said you were going to do in the contract.
But it gets better. We usually get something we want when we make these deals. You got that? It's not just give, give, give, give, give. We actually get something in return. I don't know about you, but it doesn't seem very nice to me when someone takes something from me, then doesn't give me the thing they promised in return. I try to avoid doing business with that guy in the future.
Sure, I understand that treaties sometimes need to be dissolved. It happens. But it gives me the willys when you sovereignty folks act like it should be done at the drop of a hat. It's serious damn business and should be treated as such. doing it simply "because we can" is not good enough. If it comes to exercising our sovereignty whenever we feel like it or being a good honest neighbor and only breaking treaties unilaterally when there's a very serious reason, well, I value good and honest a hell of a lot more. It just seems like the American way to do things. At least I hope so.
Parent
Re:Flaming to get hits. (Score:4, Insightful)
1. It really couldn't happen because it would violate more than a few international agreements.
Wrong, this is a brilliant idea. It's the international agreements that are dumb.
Parent
Re:Flaming to get hits. (Score:5, Insightful)
1. I think a general copyright of 14 years is the optimum from the time of publication. This study previously appeared on slashdot.
http://www.rufuspollock.org/economics/papers/optimal_copyright.pdf [rufuspollock.org]
2. Solve the problem of people using copyright to prevent reproduction especially in small independent films.
If companies use copyright to deny reproduction at any price or at a price that is so high its absurd, enable people to pay some fixed fee and ignore the wishes of the copyright holder. Copyright shouldn't be a tool to prevent reproduction just a tool to make some money from artistic creativity.
3. If companies abuse the position by engaging in fraud or anti trust behavior to manipulate prices they lose their copyright.
http://attorneygeneral.utah.gov/PrRel/prfeb192004.htm [utah.gov]
http://urbanlegends.about.com/library/bl-cd-settlement.htm [about.com]
4. Expand fair use. If I want to use a small portion of a book eg 1000 words from a 50,000 word book its ok even if its for profit. I just can't reproduce lots of 1000 word bit to reproduce the book. If its educational I get to use it unless it literally causes major loss to the company. Eg in a classroom I can make 200 copies of a newspaper article for all the students. I just can't do that for a whole textbook. But I can use it for a figure from a textbook.
5. No automatic copyright for photos. There has to be some artistic quality to them.
6. In the U.S., buildings built on or after December 1, 1990 are also eligible for copyright. This is pathetic. Given that creativity was not stifled beforehand this is totally unnecessary. No copyright on buildings.
7. No frivolous copyright either like on restaurants. Yes someone was sued and lost because one restaurant was too similar to another.
8. No copyright on 'happy birthday'. If you sing happy birthday in a restaurant you gotta pay a fee to the so called rights holder. The movie 'The Corporation' claims that Warner/Chappell charge up to US$10,000 for the song to appear in a film.
http://en.wikipedia.org/wiki/Happy_Birthday_to_You [wikipedia.org]
Parent
Re:Flaming to get hits. (Score:5, Insightful)
2. You can incorporate and then license your personal copyright to your company. Same with patents. Corporate patents should be shorter than personal patents. If a company owns a patent then it should be capable of developing it quite quickly. An individual who owns a patent likely needs a longer term to develop it.
Parent
Re:Flaming to get hits. (Score:4, Informative)
Photojournalists won themselves a similar deal through labor action. They own all their photos. News agencies are not allowed to purchase the copyright, only license the use of the photo. The photojournalist benefits because he controls his photo and there's competition. We benefit because he can sell to many organizations. That's how those top 100 pictures of the year/decade/century books get published?
Rather than legislating it, artists could form a proper union or professional society I guess.
Parent
Re:Flaming to get hits. (Score:4, Insightful)
As for violating international agreements. So? Facts change over time and some treaties aren't meant to last forever (esp regarding things like trade). We are not living under the same treaties that governed trade in the 1700s.
I believe the UK copyrights are(were?) for a much smaller timeframe such that the Beatles will go in the public domain (in the UK) in a few short years. That's not true in the US. The Beatles works are protected here for long, long after I'm dead and that doesn't assume it wouldn't get extended AGAIN.
Right now the ONLY people benefiting from current copyright laws (and their lengths) are mega corporations. Again, Corporatism in action.
Parent
Re:International Agreements (Score:5, Insightful)
Then again, the US was the first to ban aerosols, has significantly cleaned up our lakes since 1970s, just recently upped the CAFE standards for gas mileage in cars, and subsidizes alternative fuels. Far from perfect, granted, but we have still done more without a treaty than most with one.
Parent
Re:International Agreements (Score:5, Insightful)
With the new targets being significantly more modest than the European equivalents.
Also, most people are not too upset about the US finding it difficult to cut greenhouse gas emissions. We can understand that. What we are REALLY pissed about is that your government has decided to launch a corrupt attack on the scientific process rather than admitting they have a problem and that it is hurting the entire globe. The disinformation they are promoting in order to save their own face is making it difficult for countries that DO try to make a difference to explain it to their population.
In short, the Bush administrations anti-scientific propaganda is causing Europeans who don't know better to reject their local governments attempts at curtailing emissions. Thus while they may just be doing it to save their own face, their lies are causing major trouble across the globe, and it is pissing of a lot of people.
Parent
Ideas don't have to be free... (Score:5, Interesting)
Everything should go into the public domain after a period long enough to have allowed the creator to profit under most circumstances.
Copyright should also last at least long enough that it discourages companies from just waiting it out.
I figure 10-15 years for most things.
Re:Ideas don't have to be free... (Score:5, Insightful)
Individual copyrights for 10-20 years are fine, IMO. It forces the corporations to answer to the artists if they want to save on copyright fees, and the artists will probably be more considerate to the consumers.
Parent
Re:Ideas don't have to be free... (Score:5, Insightful)
Individual copyrights for 10-20 years are fine, IMO. It forces the corporations to answer to the artists if they want to save on copyright fees, and the artists will probably be more considerate to the consumers.
Because you know as long as they can pay a small amount to retain their stranglehold they will do so.
Parent
Re:Ideas don't have to be free... (Score:4, Interesting)
No, if nobody claims to own the work, it should go into the public domain. Even a $5 filing fee would be enough for this.
ISTR an article where Disney's mouthpiece admitted that they'd heard about this concept and weren't entirely opposed to it... Anybody remember? Was this one of Lessig's brainchildren?
Parent
Re:Ideas don't have to be free... (Score:5, Interesting)
Parent
Protecting images... (Score:4, Insightful)
Mickey Mouse(TM) is already well protected by trademark law. If you are suggesting that "Look and Feel" or heavens-forbid "Image" should be protected under Intellectual Property laws, then just take ten seconds to think how quickly everything would be "ImageMarked" by the scammers and locked up by "ImageMark" trolls who make nothing but sue everyone around for near-misses and co-incidence.
/me shudders...
If I remember correctly, the whole point of IP laws is to foster innovation. If Disney does something new with Mickey, then that is protected. Protecting the old images forever does not serve to foster new creativity.
Cheers,
Toby Haynes
Parent
Re:Ideas don't have to be free... (Score:5, Insightful)
The distinction between corporate and individuals wouldn't be effective. Some company exec will just hold the copyright personally, and license it exclusively to the corporation for the full 20 years.
Parent
Re:Ideas don't have to be free... (Score:5, Interesting)
That's the heart of the problem. Congress is authorized only to secure copyrights to creators ("Authors and Inventors") - not to employers, assignees, or heirs.
Recognizing that any copyright claim by someone who didn't create the work is bogus would go a long way to fixing the problem. (And would align copyright law with the Constitution as a bonus.)
Parent
What about the artists? (Score:4, Interesting)
What's the point? (Score:5, Insightful)
This guy obviously doesn't write his own music (Score:5, Insightful)
There are other solutions than this that have NOT been tried yet, because the lobby is too big for Congress to act. And this would suffer the same fate.
Re:This guy obviously doesn't write his own music (Score:5, Insightful)
If Congress cut back copyright, it wouldn't be removing your rights, it would be reducing rights that it had granted to you in the first place. It's entirely up to you whether you agree to distribute your music or video based on those rights.
Even for corporate copyright, I agree 5 years is much too short, but equally the current US period (70 years + life?) is much too long. Some figure around 15-20 years, as for example in patents, would be a much more reasonable balance between making it worth your while to produce and not overly restricting the rights of the general public to enjoy and reuse your concepts after a reasonable time.
Parent
Re:This guy obviously doesn't write his own music (Score:5, Insightful)
Really, that's all I can tell you. Nobody keeps paying ME for the creative work I did a month ago in my job. Far as I'm concerned, this notion that I should be prevented from saying words because another person owns them is repugnant on its face -- five years is the compromise position, not the extreme.
There's an outer limit at which copyright becomes a law I'll agree to obey instead of a moral and ethical irrelevancy backed by nothing but powerful men with guns. "Life plus 70" isn't on the map. I seem to recall that the first act of Congress establishing copyright covered it from 17 years; that still seems awful long to me, but it's in the ballpark where we can start trying to cut a deal. Much past 17, though... and it's back to men with guns.
Parent
Correct me if I'm wrong (Score:4, Insightful)
I'm no fan of the RIAA, but there are plenty of other ways to nail them to the wall with less collateral damage. It's the method of enforcing copyright that's been so despicable, not the duration of the copyright(for music that is).
Does Congress think the RIAA is behaving badly? (Score:4, Insightful)
In order for them to perceive the RIAA as behaving badly, they'd have to have the same sort of world view as I, Lawrence Lessig, probably most Slashdot readers, and probably most Americans who have any awareness of what's going on with (so-called) intellectual property.
But if they had that sort of world view, they would never have passed the DMCA and the various copyright extensions in the first place.
So, what's the point here? Unless it's a tongue-in-cheek Swiftian "modest proposal."
As a serious proposal, it makes about as much sense as suggesting that Congress pass a law allowing unrestricted legal immigration in order to increase the numbers of young workers and thus solve the demographic problems of Medicare and Social Security.
Copyrights Are Insane (Score:5, Insightful)
What I would put into law are 2 specific reforms:
1: Copyright cannot be extended beyond its original term. The reason for this is simple. Copyright exists to encourage creation and publication of the arts. Once that art is created under the copyright terms of the time, copyright has served its entire purpose. Anything beyond that is just giving more unnecessary rewards to a few at the expense of the many.
2: Copyright is lost to any item not available for new sale in a 3 year period at a fair price. If you're no longer selling it, then you have no right to prevent other people from duplicating it and keeping it available.
Change on any issue starts when people start talking about it. Let copyright change begin here now!
The Mickey Mouse Rule (Score:5, Interesting)
Killing off copyright, or at least reducing it to anything less than 80 years isn't going to happen anytime soon.
Re:The Mickey Mouse Rule (Score:4, Informative)
Disney wouldn't lose ownership of Mickey Mouse. Mickey's distinctive likeness is under trademark, completely different area of law. What they'd lose is copyright on a single very old cartoon "Steamboat Willy" which was the first appearance of a rat that'd eventually morph into Mickey years later. And Disney knows this. Their use of the "We'd lost ownership of Mickey." argument is a smokescreen. What they really want is simple: a one-way door. They want to be able to use older works (Beauty and the Beast, The Little Mermaid, Treasure Island, etc.) as the basis for their works without any strings attached, but they don't want anybody using their works the same way without paying them handsomely for the privilege. That, after all, maximizes profits (for them, at least).
Parent
Re:I do agree with a time limitation... (Score:5, Insightful)
Parent
Re:I do agree with a time limitation... (Score:5, Informative)
Parent
Re:Corporate Copyrights - Not Just Entertainment (Score:5, Insightful)
Parent
Re:Corporate Copyrights - Not Just Entertainment (Score:5, Insightful)
Parent
Re:Corporate Copyrights - Not Just Entertainment (Score:4, Interesting)
Games could be a problem as they seem to like to release platinum editions of older games and I honest have no idea how much that brings in for the games industry... its probably a nice little earner they wouldnt like to lose. But on the other hand it could solve the problem of abandonware... games Id still like to play but cant because I cant physically purchase it anywhere.
For other sectors like niche vertical market sector software developers(Ive worked in such and industry) they are generally doing pretty bespoke stuff and being used as a service provider to their clients.
Id be honestly interested if anyone has any examples of really bad things happening in any sector of the software development world. Settop boxes for sat and cable TV perhaps? If you argue that the software on the sim code falls out of copyright every five years then whats to stop you duping a bunch for your friends.
Parent
Independent musicians cry "foul!" (Score:4, Insightful)
And if independent artists are also limited to 5 years' copyright, what's to prevent a label from discovering them, liking their songs, but leaving them in obscurity for 5 years until they can take their songs and get some pretty boy band to record them?
Sounds to me like you'd be handing the industry a gold mine of free songs and screwing the little guy. After all, which one has the marketing and payola to make sure something is an instant hit? Which one has to struggle for a decade to become an "overnight" success?
Parent
Re:Yes (Score:4, Insightful)
That's one of the many reasons it won't happen.
Parent
Re:Rainbows and Unicorns for everyone! (Score:5, Insightful)
Those who whine and mumble "It will never happen" think they are being 'realists', but they are just dragging everyone
down with their own depressive lack of vision. Neil, you are as much a part of the problem as the RIAA and other criminals.
What do you possibly feel you have added to the discussion, other than what we all already know?
Want to add something other than vague accusations?
Want to print the names of those you accuse of corruption?
Want to cite some examples of their criminal behaviour?
Your hand waving dismissal just insults us all.
Parent
Re:One little problem ... (Score:4, Informative)
So taking back copyright is perfectly legal, and the argument has ALREADY been argued in court!!! We just have to get Congress to vote to change it!!
Parent
Re:Short periods = more draconian RIAA (Score:4, Interesting)
Parent