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Youtube Government United States

There Is No "Next Great Copyright Act", Remain Calm 93

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

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  • Shocking. (Score:5, Insightful)

    by NeutronCowboy ( 896098 ) on Monday July 20, 2015 @07:06PM (#50149271)

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

    • 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.

      • by bjwest ( 14070 )

        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.

        • Re:Shocking. (Score:4, Insightful)

          by ArmoredDragon ( 3450605 ) on Tuesday July 21, 2015 @01:04AM (#50150515)

          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.

          • by Anonymous Coward

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

            • 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.
          • by Anonymous Coward
            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.
        • 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 ;)

          • Re:Shocking. (Score:4, Insightful)

            by The Real Dr John ( 716876 ) on Tuesday July 21, 2015 @06:34AM (#50151245) Homepage

            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.

    • by Jason Levine ( 196982 ) on Monday July 20, 2015 @08:47PM (#50149679) Homepage

      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!)

  • From the summary it sounds like good reform

    • by Kjella ( 173770 )

      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 wa

      • 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 despit

    • 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.

  • you can boogie, you can slide..... Ringo summarizes this post best.
  • WHUT (Score:2, Insightful)

    by Anonymous Coward

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

    Why 'thankfully'?

    • 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.

    • 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

      • by KGIII ( 973947 )

        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.

  • 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.

    • But what about Mickey Mouse?

  • by Anonymous Coward

    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.

  • 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.

    • by Jiro ( 131519 )

      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.

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

  • >> 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?

  • by Anonymous Coward

    It's called the Trans-Pacific Partnership. [eff.org] 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."

  • by johannesg ( 664142 ) on Tuesday July 21, 2015 @02:12AM (#50150621)

    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!

    • Re: (Score:2, Insightful)

      by Anonymous Coward

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

    • by Anonymous Coward

      "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.

      • 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

    • 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.

  • Why Thankfully?
  • 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.... [blogspot.com]

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