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Books

Party Like It's 1925 On Public Domain Day (npr.org) 103

Neda Ulaby, writing for NPR: What a year it was for Anglo-American literature and the arts! 1925 was the year of heralded novels by F. Scott Fitzgerald and Virginia Woolf, seminal works by Sinclair Lewis, Franz Kafka, Gertrude Stein, Agatha Christie, Theodore Dreiser, Edith Wharton, Aldous Huxley ... and a banner year for musicians, too. Bessie Smith, Ma Rainey, the Gershwins, Duke Ellington and Fats Waller, among hundreds of others, made important recordings. And 1925 marked the release of canonical movies from silent film comedians Buster Keaton and Harold Lloyd. As of today, every single one of those works has entered the public domain. "That means that copyright has expired," explains Jennifer Jenkins, a law professor at Duke University who directs its Center for the Study of the Public Domain. "And all of the works are free for anyone to use, reuse, build upon for anyone -- without paying a fee."
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Party Like It's 1925 On Public Domain Day

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  • I knew it (Score:2, Funny)

    by peppepz ( 1311345 )
    Trump hasn't even left office yet, and Biden already brought Socialism to America.
    • "Socialists" ?
      Say it loud and proud my friend: F. Scott Fitzgerald was a COMMIE !

    • Re:I knew it (Score:5, Insightful)

      by Aighearach ( 97333 ) on Friday January 01, 2021 @04:20PM (#60885278)

      Public Domain is the opposite of Socialist; the government has sworn off any management of the resource at all.

      These works are now suitable for use in Libertarian Utopias.

      Somebody call John Galt.

      • by MrL0G1C ( 867445 )

        Utter bollocks, being in the public domain is as good as meaning socialist, everybody owns it - it now belongs to the public.

        Nice bit of double speak you did there.

        Definition: Domain
        noun
        noun: domain; plural noun: domains
                1.
                an area of territory owned or controlled by a particular ruler or government.

        • It doesn't "belong" to the public, that's just stupid-sauce.

          Look up the word "ownership" or "property."

          Then look up the word "public."

  • by greytree ( 7124971 ) on Friday January 01, 2021 @04:17PM (#60885272)

    Should one pirate ?

    Against: Although derivate work is creation in itself, the original creators deserve to be paid.

    For: NINETY FIVE FUCKING YEARS !!

  • by peterww ( 6558522 ) on Friday January 01, 2021 @04:25PM (#60885294)

    If you think 95 years is bad, last year Congress tried to extend it to 144 years.

    Push back on your representatives and tell them you want to dial back the copyright protections or this will just keep happening until copyright is permanent.

    https://www.wired.com/story/co... [wired.com]
    https://www.econlib.org/librar... [econlib.org]

    • They are trying (did they succeed) in passing the same huge extension in Canada, to 95 years from 50.

      • by dryeo ( 100693 )

        Part of the new NAFTA, the main change I believe, was extending copyright to 70 years. You might be right for corporate work for hire copyright. As far as I know, Parliament hasn't acted yet.
        We did manage to avoid the pharmaceutical patent shit though.
        Fucking Trump starting trade wars to push copyright.

        • Not 70 years -- that would be almost almost reasonable. It's LIFE plus 70 years. If someone creates something at age 20 and dies at 100, the work is in copyright for 150 years.

          95 years for corporate works and items created long before the current rules applied.

          • by dryeo ( 100693 )

            Yes, life plus 70 years to incentive the artist with recordings and performances for 75 years. Currently lots of stuff like Beatles recordings are out of copyright here I believe.

            • by ebvwfbw ( 864834 )

              Yes, life plus 70 years to incentive the artist with recordings and performances for 75 years. Currently lots of stuff like Beatles recordings are out of copyright here I believe.

              Beatles should still be covered. They're coming up on 60 years. I think I heard Paul say - I'M NOT that bloody old yet!

    • by Rhipf ( 525263 )

      I would argue that if copyright is extended any more it will be permanent. Even at 95 it is virtually permanent since works are tied up for more than a generation.

      • Of course it's permanent already - nobody who could legally agree to make the copyright trade will be alive in 95 years.

        And the author will be dead too.

      • More than a generation? A generation is 25 years or thereabouts. 95 years is more than a human lifetime....
        • by Rhipf ( 525263 )

          More than a generation? A generation is 25 years or thereabouts. 95 years is more than a human lifetime....

          So as I stated more than a generation. 8^)

    • by Zontar_Thing_From_Ve ( 949321 ) on Friday January 01, 2021 @06:02PM (#60885568)

      If you think 95 years is bad, last year Congress tried to extend it to 144 years.

      Actually, it was an attempt to extend the copyright on pre-1972 musical recordings to 2067. It wasn't an attempt to extend all copyrights on everything for that long.

      The issue of musical performance copyrights in the USA is extraordinarily complex and it would take a lawyer and copyright expert to give it the full depth it needs. But to try to give Slashdot folks a quick overview, technically speaking due to some kind of weird oversight, musical recordings prior to 1972 weren't covered by US copyright law. Somebody figured this out and got Congress to quickly pass a law covering those recordings. And on top of this, everybody just sort of assumed that pre-1972 recordings would enter the public domain after copyrights expired for whatever the time period was at the time. If I remember correctly, it was sort of generally assumed without any legal backing that pre-1925 recordings were in the public domain in the USA but stuff after that most likely was not. Then Naxos Records, a Singapore based classical music label, decided to test US law by taking a late 1930s classical recording that everybody in the US believed was still under copyright law and issued their own copy without permission roughly around the year 2000 in the USA. Well, Capitol Records not only owned the rights, this specific title was actually still a decent seller (by old classical music standards) and they were pretty upset at this. Naxos probably thought because of the murky US situation of pre-1972 recordings that they could get away with it, but any US music executive worth their salt would have told Naxos that those recordings were believed to still be under valid US copyright. Capitol sued Naxos and won. They not only won, the court ruled (this is where is gets a bit crazy) that the original records were under New York state common law copyright, which never expired, so they were still under valid copyright because the state law protected them under copyright until Congress passed the pre-1972 recordings law. And on top of that, the court ruled that literally every recording ever made before 1972 was still under copyright, even stuff from the 1800s, because the New York state law never expired. So it has led to this really weird situation where old songs are not under copyright but any old performance of them is still under US copyright until 2067 when very old recordings will finally start to enter the public domain. Apparently this new law was to make sure that this happens, but based on my limited legal understanding, it will probably happen anyway without the law. So recordings by Enrico Caruso, who died in 1921, are still under copyright in the USA even though the individual songs are not and people can do new recordings of any songs he ever recorded without paying publishing fees, but they can't in the USA issue their own legal copies of his recordings. This is just an example. The Naxos release in question was actually by Pable Casals.

      • How are New York state laws applicable in other states?

        • by tepples ( 727027 )

          New York state laws apply when one end of the connection is or reasonably could be in New York. As I understand it, most CMSes and CDNs aren't set up to geoblock based on states, provinces, or other subsovereign entities. Nor are reusers willing to go to court to determine what other U.S. states recognize state-level perpetual copyright in sound recordings.

          • New York state laws apply when one end of the connection is or reasonably could be in New York.

            Correct. Capitol venue shopped their lawsuit to a certain extent and filed it in New York even though their HQ is in Los Angeles. This may have been because they had an idea that New York state copyright law was quirky and it would work out in their favor. The court ruling essentially said that New York state law kept the recordings from going into public domain until the 1972 law got passed by Congress, therefore they were not and never had been in public domain in the USA. Note that the US music ind

  • by harvey the nerd ( 582806 ) on Friday January 01, 2021 @04:36PM (#60885314)
    Such blatantly corrupt ex post facto law is a crime against the whole of society.

    The old 28+28 regime means to me we are economically and "legally" raped by ex post facto law(yers), and Disney etc, every time we pay for copyrights older than the late 60s. And personally, I believe 28+28 was overly generous vs 14+14 - I would streamline to 20 - 25 years and done, more similar to patents.
  • So Disney has about a decade to bribe congress to insure their content is never public domain. This is, after all, why these laws were passed. In the 1970Âs copyright was extended to protected corporate interests like Disney, them around 2000 it was extended to protect crappy music from the 1960s and 1970s.

    As an example, these extended copyrights are worth 4 billion to George Lucas and half a billion to Bob Dylan. And a huge loss to the public as the creative community is barred for iteration and inn

    • Re:Steamboat Willy (Score:5, Informative)

      by Ryzilynt ( 3492885 ) on Friday January 01, 2021 @04:48PM (#60885356)

      So Disney has about a decade to bribe congress to insure their content is never public domain. This is, after all, why these laws were passed. In the 1970Âs copyright was extended to protected corporate interests like Disney, them around 2000 it was extended to protect crappy music from the 1960s and 1970s.

      As an example, these extended copyrights are worth 4 billion to George Lucas and half a billion to Bob Dylan. And a huge loss to the public as the creative community is barred for iteration and innovation. Copyright in the US until,Disney got it changed was 28 years.

      Best part of all? Disney based most of their stories on free public domain to get their start. Snow white, Cinderella, Pinocchio. Many based on literature from other countries. Grimm, etc.

      • by greytree ( 7124971 ) on Friday January 01, 2021 @05:40PM (#60885494)

        "Disney based most of their stories on free public domain to get their start."

        Great point that I hadn't noticed until now.

        So, Disney, you want that permacopyright ?
        Fine, but first you have to find the descendants of the Brothers Grimm AND GIVE THEM YOUR COMPANY.

      • You are free to do your own versions of legacy stories. Every time Disney does a new one based on some old folklore, other companies rush out what I call "Grandma trappers", movies with the same name as the Disney one, e.g. Pochahontas, for release on DVD, for grandma to go buy dear ones that title, not realizing it is a knockoff so to speak.

        • I used to deliberately seek out Grandma trappers, such as the Golden Films version of Pinocchio and Rankin/Bass Pinocchio's Christmas, on account of my having boycotted Disney and Gershwin Enterprises from 1999 through 2018 over the companies' leading role in lobbying for the Copyright Term Extension Act of 1998.

          Disney had sued GoodTimes (now New Video) in 1993 for allegedly confusing packaging of these Grandma trappers. Disney later tasted its own medicine in 2013 when Oz the Great and Powerful had to have [wikipedia.org]

        • What should happen is that if you extend copyright then it gets extended for old works too. So an extra 20 years puts Pinocchio in copyright when Disney released their animation. As such they owe back royalties to the estate of Carlo Collodi. Would stop them wanting any more extensions.

  • Sound recordings are not included in this release, those have separate and longer expiration period.

  • by BAReFO0t ( 6240524 ) on Friday January 01, 2021 @05:31PM (#60885460)

    Just like a patent doesn't last forever, especially if you've finished or never started commerciaizing on it, ... nothing deserves more than 5 years of a literal monopoly that enables them to gouge prices with artificial scarcity. ... Even if both of those otherwise criminal schemes are of course actually imaginary.

    If you can't get a full return on your investment in five years, maybe you should find a more suitable legitimate business model that doesn't rely on your victims treating information as if it was still 1925, everyone in the world keeping a "secret" that you literally will give to everyone for a fiver, and as if you could just ignore basic laws of physics (causality).

    • by kackle ( 910159 )
      I'd agree, except that some ideas, like some life-saving drugs, may take many years of R & D and approvals before they can be sold for any profit. I'd prefer that companies at least try to develop them.
  • The 95-year term currently expiring applies only to the USA. In much of the world George Orwell's works are coming out of copyright, 70 years after his early death in 1950.
    • Works titled "1984" are going to show up a bit oddly with George Orwell's infamous book and the new Wonder Woman movie of the same name coming up.

  • Stop celebrating this thing you idiots, it will alert Disney that their stupid Mickey Mouse copyright is set to expire and they'll re-extend copyrights once again. You idiots have already forgotten the copyright shitshow of the 1990s (and 70s). Each time the copyright terms were set to expire Disney lobbyist showed up congressmen's homes with suitcases of cash.

  • by WierdUncle ( 6807634 ) on Friday January 01, 2021 @07:23PM (#60885726)

    These extended copyrights are a way for copyright owners (hardly ever artists) to make money just by owning the rights to artistic works. That is, they are not rewarded for creating the works, but charge people to use works created long ago. I believe economists call this rent-seeking, as distinct from useful work being justly rewarded. I am pretty sure this was not the intent behind the original copyright laws.

    • That's true but it's an unavoidable consequence of property rights. If I am an artist, it may make financial sense for me to engage the services of a large publisher who has the wherewithal to defend a copyright instead of trying to defend it myself. If I am a nobody with no reputation and can't afford to self-publish, transferring the copyright in exchange for a fee is not a bad way of making money. Take away the ability to transfer copyright to rent-seekers and you take away the value of any copyright to
    • Troll mod is not a substitute for "I disagree."
  • The works may be public domain but a recording may not. Let's say that If the recording is distributed by a company in recent years that recording may be 'digitally enhanced' or some other claim which makes it protected by copyright law and it is not free, as in a Portland coke head.
  • Not everyone is Anglo-American. Franz Kafka was German writing, Prague dwelling, Jewish guy.

Math is like love -- a simple idea but it can get complicated. -- R. Drabek

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