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Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @12:16PM (#29475279)
In an ideal world, copyright should last for maybe two or three years. It would still mostly fulfill its purpose to allow the creator to earn money, but would severely curtail the abuse potential. In an even more ideal world, copyright shouldn't be transferable.
Re:All sound recordings prior to 1923 will enter the US publ... by kube-system on Tuesday December 07, 2021 @12:34PM (#29475559)
Three years is too short. The people who need these protections the most are not marketing powerhouses that can achieve instant successes.

I feel like a two or three year copyright could be even worse that current state — large publishers would probably just wait out artists and steal their work.

“Nice album kid, bet it’ll sell great 3 years from now”

Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @12:37PM (#29475615)
> large publishers would probably just wait out artists and steal their work

But it's public domain. You can't exactly "steal" something that already belongs to everyone, including you.

Re:All sound recordings prior to 1923 will enter the US publ... by rhines on Tuesday December 07, 2021 @01:50PM (#29476595)
Sure, but a big company can absolutely find some little-known creator's work, spin off their own products with it, and use their size to absolutely dominate search results, marketing, and distribution.

While it may no longer be legally considered theft, it does seem to be a shame that a creator has a window of only a couple years to find success with their work before they're at risk of it becoming worthless to them. In creative fields it often takes many years to build up a portfolio and a following, if you've not been picked up by a major promoter.

Re:All sound recordings prior to 1923 will enter the US publ... by kragen on Tuesday December 07, 2021 @05:35PM (#29479105)
Wouldn't have been a problem for Charles M. Schultz. One month of copyright would have been enough to keep him well fed. Same for Nassim Taleb.

In the age of the web, the big company's shitty bundled product may have a hard time competing with the creator's website. How many laptop vendors ship a custom fork of Ubuntu? But of course Ubuntu's kernel isn't exactly Linus's mainline, but I don't see him complaining.

Re:All sound recordings prior to 1923 will enter the US publ... by kube-system on Tuesday December 07, 2021 @06:14PM (#29479385)
Copyright affects a lot more people that the vanishingly few who are lucky enough to experience instant success.

Torvalds is in a whole different situation. Public domain is very different than GPL. Linux probably wouldn't be what it is today if not for the GPL requirements to publish source, which don't exist under public domain.

In fact, that's a scary consequence I didn't initially think of -- in a world where copyrights on Linux have expired, we'll may very well see contributions drop dramatically as the largest contributions start to closed-source their branches of Linux.

Re:All sound recordings prior to 1923 will enter the US publ... by kragen on Wednesday December 08, 2021 @04:37PM (#29490856)
> Copyright affects a lot more people that the vanishingly few who are lucky enough to experience instant success.

Right, that's why we're trying to find ways to limit the damage it does to everybody else.

The GPL-vs.-BSD flamewar you're trying to start is only mildly relevant. The various BSD and Apache contributors aren't campaigning against the use of their code by Apple and Microsoft, either. The point is that there's nothing wrong with going out and making derivative works of other people's creative work; it's how all creative work is done.

Re:All sound recordings prior to 1923 will enter the US publ... by account42 on Wednesday December 08, 2021 @06:19AM (#29483451)
> Copyright affects a lot more people that the vanishingly few who are lucky enough to experience instant success.

It affects everyone. Most only negatively.

Re:All sound recordings prior to 1923 will enter the US publ... by vineyardmike on Tuesday December 07, 2021 @06:19PM (#29479426)
> How many laptop vendors ship a custom fork of Ubuntu?

I would be really pissed if i got a "custom fork" of a novel and didn't also get the original, or at least a diff of changes.

https://www.nytimes.com/2019/08/19/technology/amazon-orwell-...

Re:All sound recordings prior to 1923 will enter the US publ... by 2fast4you on Wednesday December 08, 2021 @12:19PM (#29487511)
What is stopping that from happening now? Most small creators don't have the money to defend their copyright
Re:All sound recordings prior to 1923 will enter the US publ... by kube-system on Tuesday December 07, 2021 @01:45PM (#29476535)
I am clearly using the word in a functional, moral, non-legal sense. The entire premise of my point indicates that I understand what public domain means.
Re:All sound recordings prior to 1923 will enter the US publ... by handrous on Tuesday December 07, 2021 @01:36PM (#29476405)
I'd be happy with it being short enough that middle-aged creatives could build on material from their childhood, and old ones, from their middle-age. Say, 20 years. People should, at least, have full ownership of a good portion of their contemporary culture.
Re:All sound recordings prior to 1923 will enter the US publ... by Gibbon1 on Tuesday December 07, 2021 @02:17PM (#29476951)
Friend that's an IP lawyer had a rant that copyright law is applied for things it has no business being applied to. The law is built around single author books and sheet music. Where the authors lifetime output is small. And commercially valuable work smaller still. Not appropriate for things like ad copy, manuals, and software.

It needs an overhaul. But the current system heavily favors entrenched interests so won't happen.

Re:All sound recordings prior to 1923 will enter the US publ... by t-writescode on Tuesday December 07, 2021 @12:27PM (#29475456)
2-3 years is no time at all. Someone could hand a movie studio a script in hopes of it being made a movie, the movie studio could wait 4 years, and then make the movie, with no harm to them whatsoever.
Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @12:33PM (#29475549)
Huh. A movie studio. Yes, my proposal also has a nice side effect of filtering out those who are in it for the money, not self-expression. The world would become a better place if there were no "entertainment industry".
Re:All sound recordings prior to 1923 will enter the US publ... by codyb on Tuesday December 07, 2021 @02:00PM (#29476730)
No entertainment industry? So... nobody could sit and create a movie studio or a record label?

What a weird thing to rail against. I'm certainly unconvinced the world would be magically better without people organizing to produce content.

Maybe there's some issues with copyrights, but as far as I can tell, almost any organization would attempt to preserve profits. We, as a people, then go through and create legislation which curbs rampant abuses whether that's environmental pollution, or unsafe kids' toys, or overly lengthy copyright claims.

But the idea people can't get together and make movies, that's a new one.

Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @02:36PM (#29477189)
> almost any organization would attempt to preserve profits.

Often at the expense of everything else, including common sense. Despite their current revenues already covering their expenses, many times over.

> But the idea people can't get together and make movies, that's a new one.

They can, but they will own shares in them, either split equally or proportionally to their contribution.

Re:All sound recordings prior to 1923 will enter the US publ... by californical on Tuesday December 07, 2021 @03:05PM (#29477516)
How are there shares if there’s no copyright? Do you own 10% of a movie that’s worth $0 since anyone can copy and distribute it for no cost?
Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @03:28PM (#29477789)
There is copyright, but it's non-transferable and only lasts for 2-3 years. After that time, yes, anyone can copy and distribute it.

My idea here is that you would have the option of either paying right now, or waiting when the copyright expires and getting it legally for free. In our current system people don't even consider that copyrights have an expiry date, they operate as if they're effectively indefinite. And the current system doesn't work anyway — the majority of the society just isn't having it. Everyone has pirated something at some point.

Re:All sound recordings prior to 1923 will enter the US publ... by t-writescode on Tuesday December 07, 2021 @03:51PM (#29478055)
I think the big problem here is that 2-3 years is almost no time at all. With 2-3 years, basically everyone will wait for the next book in the Game of Thrones series to come out of costing money.

Covid has been nearly 2 years, and for many of us it feels both like yesterday and also like forever ago, for example.

And then you'll have people that want to watch the movie of something, so they're willing to pay the video company for instant access, but the movie is based off a script someone wrote, or a book someone wrote, and that book is at least 2 years old.

RR Martin would make zero dollars from Game of Thrones, for example.

Re:All sound recordings prior to 1923 will enter the US publ... by andrekandre on Tuesday December 07, 2021 @06:30PM (#29479531)

  > RR Martin would make zero dollars from Game of Thrones, for example.
idk... how many people are still watching game of thrones?

whats the long tail look like for popular books?

my impression was, most books that make any money are hugely popular for a short time, then basically fall off a "sales cliff"... i wonder if anyones done any comprehensive stories about this subject.

Re:All sound recordings prior to 1923 will enter the US publ... by t-writescode on Tuesday December 07, 2021 @08:35PM (#29480372)
My point was that RR Martin wrote books, and then *movies* were made off the books. If the copyright period is 2-3 years, then a movie company would just need to wait a couple years and RR Martin would get zero dollars for his work (except the small number of people that buy his book) but more people watch movies and shows, so they would be willing to pay the premium for the movies based off his content just a couple years later.
Re:All sound recordings prior to 1923 will enter the US publ... by account42 on Wednesday December 08, 2021 @06:26AM (#29483498)
Most video games already quickly become cheaper much less than 2-3 years after release. Some are even given away at some point. Yet most sales still happen close to release. The expectation that the average consumer has the patience to wait for 2-3 years if they can get something now for a reasonable price is odd.
Re:All sound recordings prior to 1923 will enter the US publ... by notJim on Tuesday December 07, 2021 @12:48PM (#29475764)
People who are in it for self-expression need to pay the bills too.
Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @01:13PM (#29476091)
They usually start self-expressing just for themselves, so they still have a job. Most video bloggers started this exact way — first a hobby, then they quit their job and turned their vlogging into a Serious Business™ with obnoxious sponsorships, a studio, a ton of ridiculously expensive equipment, and optionally a crew.
Re:All sound recordings prior to 1923 will enter the US publ... by bena on Tuesday December 07, 2021 @03:07PM (#29477549)
If you are in it for self-expression, you're entirely free to self-express to your heart's content. Copyright doesn't matter, publishers don't matter, studios don't matter.

The minute you want to express yourself to others, you're no longer in it for self-expression.

And regardless of your opinion on what should and should not exist, people should be fairly compensated for their endeavors, even if those endeavors are to create leisure activities for others.

Copyright is an attempt to enable creators to get compensation for their work. This is one thing the people who rail about the ease of reproduction miss. It was never about the difficulty of reproduction, it was always about the difficulty of creation.

How do we reward that when we are allowed to freely copy their efforts without the need to consider their contribution? It's one of the few things I like about a subscription or Patreon model. We're paying directly for the effort of creation.

Re:All sound recordings prior to 1923 will enter the US publ... by cgio on Tuesday December 07, 2021 @05:24PM (#29478987)
How were artists living before copyrights? We’ve had quite a few of them delivering masterpieces. So we can reward efforts the same ways as before, art will not die just be less profitable maybe. If reproduction is easy what do we as a society earn by making it harder artificially? I don’t believe any other worker is having these benefits. You do your job, paid for your effort by someone willing to do so, and then go on with your life. That includes other creative occupations and most of the employees of e.g. movie studios. Are we fairly compensating _them_ for their work?
Re:All sound recordings prior to 1923 will enter the US publ... by bena on Wednesday December 08, 2021 @09:53AM (#29485394)
Through patronage and performance. And since reproduction was difficult, you had to have these people around. You couldn't pick and choose among a thousand SoundCloud composers to find a song you liked. You needed a Mozart or Bach. You needed orchestras because recordings don't exist.

But now, it is dead simple to propagate someone's work once they've finished the act of creation.

And this isn't a discussion if others are getting their fair due. Even if they are not, it does not mean we should shaft everyone. Everyone should be fairly compensated for their work. But not enforcing some level of protection for the creation of art is pretty much ensuring no one is compensated for their work. Fairly or not.

Re:All sound recordings prior to 1923 will enter the US publ... by andrekandre on Tuesday December 07, 2021 @06:37PM (#29479585)

  > That includes other creative occupations and most of the employees of e.g. movie studios. Are we fairly compensating _them_ for their work?
what i find really interesting is, why is it that a company owns what i make there automatically?

afaik i didn't sign any copyright assignment in my work contract...

i wonder what the legal basis is for that?

Re:All sound recordings prior to 1923 will enter the US publ... by cgio on Tuesday December 07, 2021 @08:26PM (#29480337)
You most probably did. At least I know I did. And the point is exactly that, instead of protecting creative output copyright is locking it down by capitalising it. Rather than creativity being a flow of meaningful communication and exchange at the level of ideas and aesthetics, it’s becoming a stock with ongoing financial and not creative dividends. You will have trouble using your creative outputs when moving between companies. Unless you start all over again and from that perspective it is a weird motivator for creativity, albeit one oriented to getting you where you started from rather than one step further.
Re:All sound recordings prior to 1923 will enter the US publ... by andrekandre on Wednesday December 08, 2021 @07:32AM (#29483956)

  > And the point is exactly that, instead of protecting creative output copyright is locking it down by capitalising it. Rather than creativity being a flow of meaningful communication and exchange at the level of ideas and aesthetics, it’s becoming a stock with ongoing financial and not creative dividends. 
on that note, there are some proposals (superdistribution - brad cox, xanadu - ted nelson, etc) that would allow any works to be licensed from/to anyone via micro transactions.... but i've never heard of anyone actually trying to do such a thing at scale.

sounds super cool if it could work... all the stuff i made, when reused somewhere by a company, i get a residual... the more valuable, the more used, and the more i get... that could be pretty awesome (hypothetically)

Re:All sound recordings prior to 1923 will enter the US publ... by tomcam on Tuesday December 07, 2021 @08:39PM (#29480387)
Is there something wrong with creating solely for money and not self-expression?
Re:All sound recordings prior to 1923 will enter the US publ... by account42 on Wednesday December 08, 2021 @06:27AM (#29483507)
Not inherently. What is wrong is asking society to bend over backwards to enable that.
Re:All sound recordings prior to 1923 will enter the US publ... by SpelingBeeChamp on Wednesday December 08, 2021 @02:14AM (#29482039)
What if anything do you watch for entertainment?
Re:All sound recordings prior to 1923 will enter the US publ... by mywittyname on Tuesday December 07, 2021 @12:33PM (#29475542)
Three years is probably too short, but certainly something less than 30 years. That gives people plenty of time to enjoy the profits from their work (basically their entire adult lives) while allowing it into the public domain while it is still somewhat useful.

I don't think the system would function without transferable copyrights. A movie might have 10,000 people who've contributed to it. Managing the copyrights without some kind of legal agreement would be a nightmare. I get the spirit of the comment (to prevent generations of people from owning and profiting from the works of people they never knew), but eliminating copyright transfership probably doesn't solve that.

Re:All sound recordings prior to 1923 will enter the US publ... by ipaddr on Tuesday December 07, 2021 @12:51PM (#29475812)
Most movies make most of their money week one. Most songs make the bulk of income within a 3 month period. 3 years is longer than necessary.

Perhaps this would affect less known artists. I would be willing to keep the copyright until the first 100,000 or 1,000,0000 worth of product is sold.

Re:All sound recordings prior to 1923 will enter the US publ... by toast0 on Tuesday December 07, 2021 @01:54PM (#29476662)
> Most movies make most of their money week one.

Most movies are fixed in a tangeble medium months before week one. Sometimes years. Component parts (principle filming, scripts, original music, if any) are routinely finished at least a year before release. A rush to get everything out to enjoy the full 3 years of income potential would further push out the couple of films a year made where people actually cared to do things right.

20-30 years might be right, though. Or one of the escalating fees for renewal after a reasonable period, preferably with a required deposit of the work so when it becomes public domain it can be easily distributed.

Re:All sound recordings prior to 1923 will enter the US publ... by jedberg on Tuesday December 07, 2021 @05:36PM (#29479116)
Copyright on a movie doesn't start until it's registered. The component parts are copyrighted upon creation but the entire work is a separate copyright. For example the Star Wars re-release is copyright 1997, even thought the bulk of it was created in 1975-76.
Re:All sound recordings prior to 1923 will enter the US publ... by kube-system on Tuesday December 07, 2021 @02:09PM (#29476846)
Only if:

1. You're only considering works published by huge multinational publishers with the gigantic marketing budgets required to get immediate traction

2. You assume that works are published on a large scale for their initial publishing

Small time artists can spend years trying to get a work picked up by large publisher. Those who don't choose to use large publishers may be finding new audiences over longer periods.

Assuming that copyright should be designed around the use-cases of Comcast or Disney is the reason we're in the position we're in now.

Re:All sound recordings prior to 1923 will enter the US publ... by ipaddr on Wednesday December 08, 2021 @01:01PM (#29488105)
The million dollar gross earnings should be a good match for those selling very few and should cover all but the most successful indie artist
Re:All sound recordings prior to 1923 will enter the US publ... by Dylan16807 on Tuesday December 07, 2021 @02:43PM (#29477271)
> Most movies make most of their money week one.

Sure, under the current system.

The question is how many people that would have bought the media would just wait out the copyright. Once you're into these short lengths of time, it's a lot.

Re:All sound recordings prior to 1923 will enter the US publ... by ipaddr on Wednesday December 08, 2021 @12:58PM (#29488076)
Most people don't wait until a movie comes on free tv before watching live, renting, buying or streaming.
Re:All sound recordings prior to 1923 will enter the US publ... by Dylan16807 on Wednesday December 08, 2021 @10:46PM (#29493604)
That's usually a long time.

When you're talking about timelines as short as weeks, you're going to get a ton of people waiting. They might still go to a theater, even, but one with much cheaper tickets.

How many at 3 years specifically? I'm not sure, but it's a risk to be considered.

Re:All sound recordings prior to 1923 will enter the US publ... by elzbardico on Tuesday December 07, 2021 @12:21PM (#29475366)
It is complicated. For very popular artists yes, their music is commercially short-lived and most of the returns will come in the first six months. But for the more obscure composers and performers the reality is completely different.
Re:All sound recordings prior to 1923 will enter the US publ... by t-writescode on Tuesday December 07, 2021 @12:30PM (#29475495)
It wouldn't. If a music studio needs to wait 4 years to not have to pay any royalties at all, then the song would be recorded (copyright created) and the music groups would just wait 4 years and then start playing it on radio stations.

It needs to be something like 12 + 12 or 20 + 20, or even 20 + infinitely continuable for a gradually increasing cost. It still has the potential issue of waiting out that 24 to 40 years; but companies are less likely to do that, when a few years is basically nothing.

It's been 2 years since covid started, for example.

Re:All sound recordings prior to 1923 will enter the US publ... by grishka on Tuesday December 07, 2021 @12:35PM (#29475582)
Companies will go bankrupt. Their business models will break down. Yes. That's intended. There's no need for these middlemen in the age of the internet.
Re:All sound recordings prior to 1923 will enter the US publ... by rhines on Tuesday December 07, 2021 @01:56PM (#29476685)
IMO if you want to end the commercialization of content, targeting copyright is not the most effective route. Big players will still be able to use their power to ensure that they have control over distribution, and will continue to profit off of content. Small players, such as the people coming up with new content, will find it harder and harder to make any money, to the benefit of the big players who no longer need to share profits with them.

The more effective approach would be to simply remove the economy entirely. In a post-scarcity or communist or whatever you want to call it society, you could abolish copyright entirely without hurting anyone, because no one's able to profit off it in the first place and spending effort on things that don't pay off is no longer penalized.

Re:All sound recordings prior to 1923 will enter the US publ... by splitstud on Tuesday December 07, 2021 @02:07PM (#29476821)
Abuse implies a right. What kind of right does anyone have to see IP become public domain? The only reason that it should sunset at all is to release society from the burden of enforcing old IP at some point.
Re:All sound recordings prior to 1923 will enter the US publ... by Zigurd on Tuesday December 07, 2021 @02:18PM (#29476958)
The term "intellectual property" is a relative legal novelty, and applying "IP" law to individuals, as opposed to rogue publishers printing works without a contract with the author and profiting from sales of that work, is an even more dubious novelty.

The purpose of copyright protection, which was a controversial issue at the time the US Constitution was drafted, is written in the Copyright Clause: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Anything beyond that stated purpose is hindering "the Progress of Science and useful Arts."

That copyright terms are limited is essential, and should optimize the purpose, not the profit of publishers who go unmentioned.