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Music Media United States

'That's All Right' Soon To Enter UK Public Domain 519

jwlidtnet writes "Reuters is reporting that Elvis's "That's All Right"--currently an unlikely hit in Great Britain--is soon to enter the public domain in that country, followed by other milestones of popular music as Britain's fifty-year protection period comes to an end. Naturally, rights owners are outraged, regarding it as a "wakeup call" for Britain to adopt something similar to the Sonny Bono Copyright Extension Act, to end this "discrepancy between the United States and the EU." Copyright law uniformity has of course been a sore issue in recent years, with the exportation of "DMCA-alike" legislation raising the ire of many. Uniformity on an issue this divisive might be difficult to achieve politically."
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'That's All Right' Soon To Enter UK Public Domain

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  • by alanw ( 1822 ) * <alan@wylie.me.uk> on Sunday July 18, 2004 @05:17AM (#9729832) Homepage
    If copyright law is changed so that it extends some number of years after the death of the artists, rather than from the date of release of the recording, will we see the likes of 2 year old "Heavenly Hiraani Tiger Lily", "Fifi Trixibelle" and "Moon Unit" banging a drum on the backing track to prolong copyright as much as possible?
  • Jurisdiction (Score:5, Interesting)

    by Beautyon ( 214567 ) on Sunday July 18, 2004 @05:26AM (#9729850) Homepage
    Anyone remember A Little Less Conversation Elvis vs JXL? [wikipedia.org] it reached Number One in 20 countries, including the USA.

    This song becoming a hit is more likely than one might imagine.

    As for "rights owners" we need to say who this phrase really means: The American monopoly music companies.

    They have already said that they will try and block the importation of products containing legally produced public domain works [mit.edu]; it would be the most delicious of situations if this song did become a huge smash after it entered the public domain in the UK, and the RIAA tried to block its importation.

    One thing is for certain; as more and more works enter the public domain here in the UK, the likelyhood of a hit coming from one of these works increases. This confrontation is going to happen.
  • by Anonymous Coward on Sunday July 18, 2004 @05:42AM (#9729882)
    >Imagine if you obtained a 50 year lease, and
    >then at the end of those 50 years, the owner
    >wanted the property back

    Firstly, copyright is not strictly a lease, its more a legally enforced priviledge which can be licensed by the rights holder. IPR is a bit of an accident which has snowballed from the Berne Convention back in 68. Secondly, there is a preceptual problem between Anglo-Saxon and European view of copyright, with the first considering it more from the economic aspecit (promoting the advancement of science/arts) whereas the EU approach it from the moral rights of authors. Thirdly, if you look at modern legislation, say the EU sui genesis Database rights, then you can see they encourage people to sustain their efforts. 15 years renewable everytime you validate/updade the database.

    The practical reality (if you look at software) is that there is a definite shelf life for works ... I suspect that fewer that 0.1% of stuff created has any economic value past a generation ... so there are arguments that government policy should be against rent-seeking behaviour on those accumulating back-catalogs. However, there are so many vested interests in the entertainment industries that it is impossible coming to broad consensus.

    LL
  • Loophole? (Score:3, Interesting)

    by BelugaParty ( 684507 ) on Sunday July 18, 2004 @05:46AM (#9729900)
    In written works, translations are often a way for companies to maintain copywrites. For instance: Kafka's works can be held by a publishing company based on one persons translation, while another person's rendition can be public domain. Often times, the version with copywrite will be touted as the definitive, most accurate version. To avoid argument, I'll assume this claim is true.


    With record companies, I wonder if they can release low quality versions into public domain, while maintaining rights to higher quality versions. So they can release 96kbit mp3 into public domain, but a CD quality version maintains or recieves copywrite.


    But I think this scenario will definately have interesting results. If the track does become a hit and is public domain, how will companies distinguish their final products from one another? Will it come down to the case, additional tracks, a DVD movie?... Other ways of looping copywrite into the equation? I will be waiting for the outcome.

  • Irony (Score:4, Interesting)

    by Anonymous Coward on Sunday July 18, 2004 @05:50AM (#9729908)
    From the article:

    "It's scary," Welch said during a 37-date sold-out tour of the United Kingdom. "I only became aware of the situation last year ... Our stuff is still selling, and there's about 250 various compilation albums out there worldwide. I'd like the period extended as soon as possible, and 95 years sounds good to me."

    Yeah, sounds like he'd really be struggling if he lost the income from that 50-year-old song.
  • by ites ( 600337 ) on Sunday July 18, 2004 @06:03AM (#9729943) Journal
    It's an attempt to colonise the creative commons.

    It will fail.

    Elvis found his inspiration and many of his melodies in a common musical culture created by (ironically) generations of the poorest black American musicians. Creativity comes from many sources, but corporate profits are not one of them. This was true in the early part of the 20th century, where the sheet-music publishers tried to dominate the music industry (and failed). It is as true today.

    For every "major" work copyrighted and kept out of the cultural blender, a hundred unknown artists pour their talent into creating something new.

    Let them have their copyrights. It means young artists will have to search harder for their inspirations, but the results will be better for it.

  • Re:Incentive (Score:1, Interesting)

    by Anonymous Coward on Sunday July 18, 2004 @06:09AM (#9729959)
    Actually, Michael Jackson and Lisa Marie did not produce any kids.

    Michael Jackson's second wife gave birth to his first son and daughter: Prince Michael Jackson, Jr. and Paris Michael Katherine Jackson.

    Michael Jackson has not revealed the identity of mother of his second son, Prince Michael Jackson II.
  • Does this mean (Score:2, Interesting)

    by Evets ( 629327 ) on Sunday July 18, 2004 @06:24AM (#9729990) Homepage Journal
    Does this mean that Mickey Mouse is public domain in england?
  • by adzoox ( 615327 ) * on Sunday July 18, 2004 @06:59AM (#9730067) Journal
    So if this happens, will the online music stores not pay any longer and make an extra profit?

    Apple currently gets a 13 cent cut off of each song and by the recent financial statement appears to make about 2.4 cents a song profit.

    Will Apple be able to collect the 55 cents that goes to the RIAA and the 32 cents the artists get?
  • by Pecisk ( 688001 ) on Sunday July 18, 2004 @07:01AM (#9730075)
    This disscusion, I guess, is rather old and pointless too, because it have been always the same..

    In 50-60ties there was sheet music industry (publishers). They were a middle man, actually they did NOTHING in creation of work of art, but they wanted EVERYTHING. Profits, everything. Musicians usually didn't wanted to take care of redistribution, publishing, so they given those rights to publishers.

    As anywhere, when bigger and bigger money appears in industry, middle man is always trying to gain more and more money, actually even don't caring that could turn lot of tallented people away from mainstream publishers and to try independent ones.

    So, question is, when there is REASONABLE to extend copyright? I would say - a little bit, BUT not 100 years, not 'forever'. However the greed of middle man aka big fat publishing companies are actually unstoppable, as they all are ...American.

    So, whatever. BUT one thing they don't know - that their actions actually shrinks their market. They looking for today's profits, don't care about tomorrow.
  • by blackest_k ( 761565 ) on Sunday July 18, 2004 @07:09AM (#9730087) Homepage Journal
    yes a maintainance fee for copyright / patent is a great idea.
    It doesn't have to be high but should be renewed anually and allow a grace period of say 5 years of non payment and the copyright / patent would expire and it would enter the public domain.

    copyright should be transferable but grant a royalty back to the original copyright holder (or their creditors).

    there are several benefits to this model.

    1)maintain traceable ownership no more orphan works.

    2)all valuble copyrights can be maintained as long as the annual fee gets paid
    once this becomes uneconomic then it becomes part of humanity's heritage.

    3) with the grace period copyright can be reinstated if the person/ company that let the copyright slip suddenly finds his idea being commercially exploited.

    4)by giving a royalty back to the originator even if big buck corperation see's potential in your idea and gives you a relatively small fee for rights if they then go on to make millions of your idea you still benefit and if you go bust owing millions your creditors still get back some of the money they invested in you.

  • by mpe ( 36238 ) on Sunday July 18, 2004 @07:20AM (#9730114)
    I don't think that that invalidates the concept of copyright, however; I can't see how else the creators of such works could be compensated if not for copyright. Musicians can tour, but authors, etc? Patronage would work for a small number of creators, but then only the truly exceptional and truly lucky would be able to create full-time.

    The problem with this line of reasoning is that "unsucessful" authors are in the majority and even sucessful authors need not be motivated by the idea of making money from their work. e.g. JK Rowling did not create Harry Potter because she hoped to become the best selling author in history.
    Even if you can demonstrate that copyright provides a prositive incentive for creation there is the issue of how much (and what form of) copyright is optimal.
  • by jadavis ( 473492 ) on Sunday July 18, 2004 @07:22AM (#9730121)
    The premise of copyrights encouraging innovation and creativity is completely at odds with retroactive extension.

    I don't think retroactive extension is inhenrently at odds with encouraging innovation. Practically, it's most likely motivated by things other than the public good (i.e. lobbiests, &c.), but it can certainly be justified.

    At it's heart, copyright is about property rights. Strong protection of property rights encourages investment, which is a good thing for the economy.

    However, property isn't as clear-cut as we'd like to think. Consider owning a piece of land: you don't usually have mineral rights, and the government can force you to sell if they want to build a highway. If you own some piece of a river upstream, you can't build a dam and charge the downstream people for water. You can't build a well and drain the entire underground water supply. And then all material goods are, at some level, made from these minerals. But I digress...

    Patents are a strange form of property, because many patents cover ideas that may be arrived at without the patent holder ever existing. So that's why they're much more limited in timeframe.

    Copyrights are actually the one form of property that you can reasonably claim: "Nobody would ever have this if I didn't create it." It's a very pure creation that doesn't depend on any prior property of any kind. So, it might actually be reasonable to give infinite ownership to the creator. Probably not a good practical idea, but reasonable people could at least make a good moral argument.

    Now, the word "infinite" runs us right into another practical problem. People die eventually, and the moral argument really only lasts a few generations (for most people).

    And all this makes the "X years plus life of author" make sense, I suppose. It's a balance. I think it would probably be best, from an economic standpoint, to have X = 25 years. But I have no real justification for that at all. Each person I expect has their own moral thresholds. My moral threshold would be much higher actually (X=100 years maybe), but from an economic standpoint, I really hate to see a valuable work go to waste.

    P.S. The whole idea that ideas have zero marginal cost to reproduce introduces complexities that have been hashed out many times before, so I'll stay away from that one.

  • Re:Incentive (Score:3, Interesting)

    by bruthasj ( 175228 ) <bruthasj@@@yahoo...com> on Sunday July 18, 2004 @07:36AM (#9730148) Homepage Journal
    FYI--Elvis has already entered the public domain.
  • seems sketchy. (Score:3, Interesting)

    by asreal ( 177335 ) on Sunday July 18, 2004 @07:42AM (#9730158)
    what are the chances the big music companies would choose to showcase a tune that is about to go into the public domain by releasing a single for it putting it through the hype machine to push it up to #3? seems they wanted to have a clear case of a song that revenue will be lost on if copyright is not extended. am i just being too skeptical?
  • Uniformity? (Score:3, Interesting)

    by Anita Coney ( 648748 ) on Sunday July 18, 2004 @07:43AM (#9730159) Homepage
    So merely because the US has fucked up copyright laws, every other country has to follow suit for the sake of uniformity?!

    Oh yeah, that makes sense!

  • Why? (Score:5, Interesting)

    by khasim ( 1285 ) <brandioch.conner@gmail.com> on Sunday July 18, 2004 @08:13AM (#9730224)
    "So, it might actually be reasonable to give infinite ownership to the creator. Probably not a good practical idea, but reasonable people could at least make a good moral argument."

    Why? I haven't seen "a good moral argument" for that case.

    But I can make an easy argument NOT to make them infinite. The person who created the work will not live forever.

    "And all this makes the "X years plus life of author" make sense, I suppose. It's a balance."

    Yet 50 years is ALSO "a balance".

    What is the criteria for choosing one over the other?

    "My moral threshold would be much higher actually (X=100 years maybe), but from an economic standpoint, I really hate to see a valuable work go to waste."

    Why is your "moral threshold" that high? Why do you not consider economics in your "moral threshold"?

    The government (funded by the people) has to protect those copyrights. Where is the benefit to the people of that action if the works only enter the PUBLIC domain long after they've ceased to be of any value to the PUBLIC?

    Your position would be stronger if the INDIVIDUALS held the copyrights to their creations.

    But now it is mostly the corporations that hold those copyrights.

    The extensions are designed so that every bit of value can be extracted long before the works end up in the public domain.

    Which is why Disney fights for extensions every time Mickey Mouse is in danger of hitting the public domain.
  • by roca ( 43122 ) on Sunday July 18, 2004 @08:24AM (#9730245) Homepage
    Recall that one key argument for the Sonny Bono copyright extension act was that it was needed to make the US consistent with Europe. Now the Europeans are saying they need to change their laws to be consistent with the US. It's beautiful --- they make "progress" by just leapfrogging each other.

    -- The EU makes compositions death of the author + 70 years, and records date of recording + 50 years
    -- The US becomes "consistent" by making all copyrights death of the author + 70 years
    -- The EU restores "consistency" by ... doing what? Who wants to bet that they extend copyrights just a little beyond the US in some area, so the US will then have to "catch up"?
  • Re:Why? (Score:4, Interesting)

    by jadavis ( 473492 ) on Sunday July 18, 2004 @08:43AM (#9730295)
    But I can make an easy argument NOT to make them infinite. The person who created the work will not live forever.

    Isn't that what I said?

    And yes, 50 years is a balance too. I never suggested otherwise, that's why I left it "X".

    If someone creates a work and doesn't want to share it with me, that's their business. What if Disney made Mickey Mouse and then threw it away? Oh well, I can't stop them.

    I think probably the most important thing is stability. Investors will get scared if the government doesn't protect old copyrights as much as they do new copyrights because it's an indicator that they might not protect new copyrights as much as old copyrights. I don't think they should have increased it to 70 years in the first place, because it creates more problems than it solves.

    Stability is very important when it involves something as fundamental as property rights. We can't change copyright law around every few years because of a change of public opinion, because changing copyright protection is, in and of itself, bad for the economy.
  • by Wells2k ( 107114 ) on Sunday July 18, 2004 @09:08AM (#9730353)
    This boil-up may or may not cause the UK to change their laws, at least for now. But what is going to happen when it comes time for the music of The Beatles to be affected by this? If these laws aren't changed now, this flap is just going to occur again then, and probably with a lot more fervor.

    Don't get me wrong here, I am for keeping the laws the way they are. I just see a lot more controversy looming in the future.
  • Great example ... (Score:5, Interesting)

    by Lumpy ( 12016 ) on Sunday July 18, 2004 @09:08AM (#9730354) Homepage
    I am an Indie film maker. most of my films have either indie music in them, after I secured both the song's and sync rights to it. But I also use a large amount od public domain music. A good example is a film that we are currently shooting. A period piece about irish in colonial america. we re-record many of those irish tunes with local artists who gladly give up their sync rights to the songs we ask them to play/record.

    So I guess I am one of those horrible and EVIL people that are using the music of these poor helpless and dead songwriters who's property is being mercilessly ripped from them by the tax collectors so I can subvert their music, image and make them horribly poor and make their families suffer.

    I am an Evil evil person.

    Maybe I should go to corperate jail.. anyone know whereI should turn myself in?
  • by khasim ( 1285 ) <brandioch.conner@gmail.com> on Sunday July 18, 2004 @09:10AM (#9730360)
    "If someone creates a work and doesn't want to share it with me, that's their business. What if Disney made Mickey Mouse and then threw it away? Oh well, I can't stop them."

    And their work will NEVER enter public domain. Copyright only protects work that is distributed.

    "And yes, 50 years is a balance too. I never suggested otherwise, that's why I left it "X"."

    But you also said...
    "And all this makes the "X years plus life of author" make sense, I suppose. It's a balance."

    How about 1 year then? That too is "a balance".

    "I think probably the most important thing is stability. Investors will get scared if the government doesn't protect old copyrights as much as they do new copyrights because it's an indicator that they might not protect new copyrights as much as old copyrights."

    What "investors" are you talking about?

    "Stability is very important when it involves something as fundamental as property rights. We can't change copyright law around every few years because of a change of public opinion, because changing copyright protection is, in and of itself, bad for the economy."

    How so is changinge copyright protection "bad for the economy"?
  • by shubert1966 ( 739403 ) on Sunday July 18, 2004 @09:28AM (#9730427) Journal

    This is my aesthetic response to an annoying pop star who did little other than be famous for not being attractive in the company of someone who portrayed airhead/skank/easy. Comedic contrast. It was funny that they couldn't sing but tried anyway - it was satire to some members of the audience. If you and I cannot agree on what the performance was - how are we likely to quantify it's value?

    Artforms meld with one another very readily, making it difficult to understand exactly how the proportions of each incorprated element affect the audience. Ask yourself what a video has to do with a song and you'll see a facet of what I mean. Is that Marketing the product or is it actually the Product - because second ago the song was the product. You can see how an accountant would be pulling hairs trying to departmentalize the beans, what about a legislator trying to ANTICIPATE tomorrow's perceptions of What Art Is?

    Sono Bono:Fledgling TV industry
    Tell me the recording industry has a good track record in ANY facet of it's business and I'll call you a liar. In Sony's 15 minutes the industry was still slavering over the profit of The Silver Beatles. Perhaps Sony's insight is corrupt because he was a young star. He brought a "valid" insight indeed - but a balanced insight??? Stars are/were INTENSELY Catered-To heavily at some point in their development. Perhaps his drive was flawed by his experience - he ended up a politician remember ;) And no one can really stand that "I got you babe" song unless they just fell in love last week.

    The point is that copywriting aesthetic 'products' AND enforcing the law is a difficult thing to do. When's the last time a band paid royalties for playing a cover song live? It is illegal you know. Perhaps there is no product except the media that art is pressed into and the other products that spin the media and amplify and project the contents.

  • by dunstan ( 97493 ) <dvavasour@i e e . o rg> on Sunday July 18, 2004 @09:44AM (#9730487) Homepage
    The Proms this year is celebrating English music, and the crossroads it reached in 1934 - Elgar, Holst and Delius died in 1934, while Peter Maxwell Davis and Harrison Birtwhistle were born in 1934.

    It would be a great tribute to Elgar, Delius and Holst if, as their music comes out of copyright at the end of this year, their work was to truly enter teh public domain - the Mutopia project springs to mind.

    Sadly, it will be another 15 years before Vaughan WIlliams enters the public domain, as I want to use some of his sacred music, but the royalties quoted by the copyright holder are too much.

    Dunstan
  • by The Conductor ( 758639 ) on Sunday July 18, 2004 @09:49AM (#9730509)

    Copyrights are actually the one form of property that you can reasonably claim: "Nobody would ever have this if I didn't create it....So, it might actually be reasonable to give infinite ownership to the creator."

    Even if you insist on treating copyrights as the moral equivalent of property (which is not the Anglo-saxon model, of course), perpetual copyright is still inconsistent with our notions of conventional property. Limits on the scope of property claims have had limits for centuries.

    Ownership of real property (real property==land) gives the right to refuse admittance. But you cannot buy up every piece of property surrounding someone who won't sell, and then hold the isolated property hostage; you have to provide reasonable accomodation for travel. Right of property is limited by right of way (the right to travel over another's property), or we would all be prisoners on our own land. That common law priciple has since refined into things like easments (the right to string power lines over your land, etc.). Others have mentioned mineral rights, which separate from ordinary property rights when a mineral deposit stretches under many separate properties and it is impractical to negotiate with many individual owners.

    Even personal (non-land) property is subject to limits. A taxicab, for example, can be commandeered in times of public emergency. Personal effects can be siezed for evidence in a criminal investigation.

    In this light, a time limit on copyrights (which represent something like 1% of the value to the creator, when adjusted for present value) are a perfectly reasonable limit on copyright-as-property, a sort of easment, if you will. Whereas perpetual copyright would be unique among property rights in its absoluteness.

  • by Anonymous Coward on Sunday July 18, 2004 @10:26AM (#9730696)
    No it isn't. Crudup died in 1974, meaning his songs don't come out of copyright until 2045. This article is a crock. In this case, it doesn't matter whether the copyright of the recording has expired, the copyright on the music and the lyrics still will be good meaning that it is NOT possible for someone to release the song without permission of those copyright holders.
  • by NoMercy ( 105420 ) on Sunday July 18, 2004 @10:27AM (#9730709)
    Very long term copyright (life+70):
    Historical works of art are un-available to the public

    Relatively long term copyright (life to +25):
    Horrid resale of nostalga CD's, please give us fresh music

    Long Term Copyright (50 to life)
    People get there moneys worth, can support there retirement on previous works.

    Short Term Copyright (25 years)
    Horridly large numbers of cheep cover-versions and compliation CD's which erote the public sanity.

    Very Short Term Copyright (5 years)
    People can't make any money on works which they can't afford to publish within 5 years of being created.

    I think Life is good, keeps you safe in retirement, and youre publisher will pay your medical bills until your 250 years old :)
  • by ClarkEvans ( 102211 ) on Sunday July 18, 2004 @11:56AM (#9731213) Homepage
    What's sadly missing is a discussion of the DAMAGE done to society since people cannot create derivitive works. Imagine for a minute if Walt Dizney could not make movies of Cinderella, Peter Pan, Scrooge, and other historicial fiction whose copyright has expired. Why is it that they can build on the works of others, but not allow others to build on their works? If they were _truly_ interested in defending copyright, they would find the descendents of these works and pay them the "outrageous" royalties that they would deserve. But WD doesn't do this, they waot all the way till Mouse is about to expire and _then_ lobby to extend copyright (otherwise, they'd have to pay back royalties on Fantasia's music).

  • by shippo ( 166521 ) on Sunday July 18, 2004 @02:53PM (#9732204)
    The copyright law being mentioned here is the one regarding mechanical copyrights, i.e. the rights to a physical recording. These rights in the UK apply 50 years after the end of the calendar year in which the recording was first issued, no matter where in the world that recording was first issued. In the case of a recording that has not been commercially issued, the mechanical copyright expires 50 years after the end of the calendar year in which the recording was made.

    There are numerous record companies in Europe issuing compilations under these rules. For example last week I went looking for a Charlie Parker compilation, and I must have seen around 10 different such albums, all containing similar tracks, in one store alone. The packaging and annotation of these issues varied accordingly, from very shoddy (misspelt titles and no cover photograph) to a 40 page illustrated booklet with full session listings.

    There are a few labels with a reputation for making quality album, some even better that the label with the full rights to such recordings - labels such as JSP for Blues, Proper for Jazz, Blues and Country, and Naxos Historical for Classical. The original label, though, have the advantage as the alternate takes usually expire many years later, as their original year of issue was usually many years after the initial recording.

    I believe the law in Spain is slightly different, as there's a Spanish label called Definitive who have recently issued some recordings from 1954. These have appeared in some UK stores, even though their contents don't expire until the end of the year.

    The copyright rules regarding music publishing expire 50 years after the composer deaths, so the composers' estates will still be getting paid.
  • by Anonymous Coward on Sunday July 18, 2004 @06:35PM (#9733748)
    This tidbit isn't really that new. In fact small/bigtime music publishers have had a bonanza in the 80's and 90's with tons of classical music recordings based on the original recordings (note "original") the 1930's and 1940's.

    Tons and tons of 10-20 or even 40 collection CD's with various digitally remastered recordings from famous archestra's from that period. Possible because the original recording entered the public domain.

    Final question to ponder. Those new master recordings, based on the original recording (now in the public domain) would they be copyrighted or not?

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