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All sound recordings prior to 1923 will enter the US public domain in 2022

publicdomainreview.org

101–110 of 233 posts

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#101

99 years to enter public domain... I don't think this is fair.

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 public domain in 2022

#102
post #4

Earlier quoted context omitted.

What do you think is reasonable? 14? 24? 50?

Honestly I think we should just work at doing away with the concept. The idea of it was to encourage the creation of works by providing a limited term of artificial scarcity so said works could participate in the market. But in the information age, where copying information is as close to free as makes no odds, I think that makes a lot less sense than it used to. That's without even considering that giant corporation…

You have said it was originally to help out the market, and you have said copying information is now nearly free, but you forgot to say how or why the first part is incongruous with the second. Why does it make less sense than it used to? Which of our new capabilities could be leveraged by a new system?

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#103
post #4

Earlier quoted context omitted.

What do you think is reasonable? 14? 24? 50?

Honestly I think we should just work at doing away with the concept. The idea of it was to encourage the creation of works by providing a limited term of artificial scarcity so said works could participate in the market. But in the information age, where copying information is as close to free as makes no odds, I think that makes a lot less sense than it used to. That's without even considering that giant corporation…

But how would that begin to work in practice? Someone makes an album or a book and everyone an just copy it without any fee?

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#104

99 years to enter public domain... I don't think this is fair.

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.

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 public domain in 2022

#105

Earlier quoted context omitted.

i think this is fair and we will likely see it extended further. the media works of today cost way more than they did before. some songs cost millions to produce. some movies hundreds of millions. some video games billions of dollars. and the longevity of media has increased over time. we may not watch much 1920s movies but we do watch movies from the 50s and 60s. and i think recent movies will last even longer since…

I disagree wholeheartedly. The purpose of copyright is to shift money made from selling copies back into the production of new works; and anything else is just blatant rent-seeking at the expense of the larger economy. High-budget songs, movies, and video games will either make back their budgets immediately , or they will be written off as a loss. There are very few cases where a work's financial success is predicat…

this is totally false. world of warcraft was released 15 years ago and is still generating real profit. because video games receive updates and have continued micro transactions they do not necessarily make the most of their revenue immediately upon release

production value has a huge impact. why would rockstar spend billions developing gta 5 if it was public domain after 10 years? it’s still the cash machine that runs the business today and it’s 8 years old

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#106
post #73

Earlier quoted context omitted.

So, anyone that had a personal attachment to that music is dead. The current goal of copyright is to let companies own the culture you grew with. All the movies, music, books and games that defined who you are will not enter the public domain until you are dead or very old. Companies like Disney were founded on well known stories. They will not allow anybody else too accomplish the same.

Disney was founded on Mickey Mouse. Yes, they made major motion pictures out of old myths and legends, like Cinderella and Robin Hood, but those stories have always been public domain and you can write a book or movie about them with no problem.

Sort of, you have to be careful to stick to the originals and not accidentally insert any Disney-derived elements, which just creates a lot of extra risk for those who want to make use of their cultural heritages.

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#107

99 years to enter public domain... I don't think this is fair.

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.

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 public domain in 2022

#108
post #8

Does this offer a sort of land-grab opportunity where anyone who has an original recording can remaster it, convert to mp3, then claim copyright over that "transformation" of the original?

A simple copy of remaster won’t cut it in the US, but if you did some restoration work then that might be enough. This would only work as a land grab if you owned the only extant copies of the original, otherwise people could just make copies of those.

There were a bunch of court cases about this, music radio, and rights payments.

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#109

Earlier quoted context omitted.

You are not comparing these numbers correctly. Your second link shows years of additional life expectancy. For example, at age 80 it shows 8.43 years of life expectancy, meaning that the average 80-year-old lives to age 88.43. So the average 25-year-old in the US has 52–57 years of life remaining, and will live to age 77 or 82, according to your link. This is a very big increase over the pre-twentieth-century adult l…

Thanks for the correction. So we're at a 45% increase. Typically life expectancy is reported as the "from birth number". That's gone from ~20 to 80. The claim was that the bulk of the life expectancy number being driven by the mortality rate prior to adult hood was an "urban myth". Life expectancy in adult hood is a ~1.4x increase. Life expectancy from birth is a 4x increase. I'd say the bulk is driven by saving the…

You're still not doing apples-to-apples comparisons. The source that you cited says 12th–19th-century life expectancy at birth was 25–40 years when infant/child mortality is included, and 55 years when it is excluded. There has not been any “4x increase” in this time period. (Even if you start in the bronze age, life expectancy at birth has not increased four-fold.)

Since the time period you chose, life expectancy at birth has increased by about 40 to 55 years. Near-elimination of infant mortality accounts for 15–30 years of increase, while increases in adult life expectancy account for an additional 25 years.

Re: All sound recordings prior to 1923 will enter the US public domain in 2022

#110

Earlier quoted context omitted.

I think if we're going to time limit ownership rights to intellectual property we should time limit ownership rights to everything - including land, buildings, shares and stocks, bonds, art collections, all of it. Except maybe trivial items like home furnishings and portable tools. I've yet to hear any credible argument - one that doesn't reduce to entitlement and wishful thinking - for distinguishing between these a…

> I've yet to hear any credible argument - one that doesn't reduce to entitlement and wishful thinking - for distinguishing between these asset classes. Owning a physical thing and "owning" information is fundamentally different. Information can be copied, spread, redistributed without taking it away from someone. If you take land from someone they can no longer use it, if you copy information from someone they still…

Super important point to make!

This is also why we have the word "infringement" and why we should not be using the word "theft" in these contexts.

To put this idea another way:

Say Jane has an iObject. She uses it everyday.

Bob takes the iObject. Jane now does not have her iObject, and cannot use it everyday.

The iObject has value, and it's expensive to obtain another one. Jane must spend to obtain another iObject, assuming one is available for purchase.

This is theft, and the key legal concept here is someone being deprived of their property.

Joe has made a song. Joe has granted distribution rights to Larry, who collects money for people obtaining copies of the song. Joe makes money from Larry, who also makes money doing all these things.

Ann gets a copy of Joe's song from her friend Jose. Larry and Joe did not get any revenue from Ann.

This is infringement.

Notably, Joe still has his song. Larry still has his right of distribution he obtained from Joe. They are not denied their property.

Essentially Anne and Jose did, or experienced something they were not supposed to.

Also of note, Larry and Joe could still sell Ann a copy of the song! Ann could further promote Joe's song to others in various ways, legally.

There are some additional considerations.

Part of the value in Joe's work is context. People who know Joe, understand his work, identify with Joe in ways that make using Joe's work important to them all represent value. Larry helps add value to Joe's work by doing the other work associated with distribution, and that's advertising, and other efforts that generally promote the work and add context.

Unlike theft, there can actually be value created as a result of infringement!

In the case of theft, the value of the iObject to Jane is associated with owning and using the iObject, and said use could be just looking at the thing, or it could be the iObject enables Jane to do things she would not normally be able to do, whatever. When theft happens, Jane no longer has that value and or whatever was possible when she did have her iObject.

Infringement is weird.

Ann gets a copy of Joe's work from Jose. Prior to that, Ann has no clue about Joe, his work, that it's available. There is some chance Ann would have stumbled on all that due to Larry being good at what he does, but there is also a great chance Joe remains undiscovered by Ann, who would never spend any money that Joe and Larry would receive.

However, Jose promoting the work to Ann changes all of that!

Now Ann knows who Joe is, has context (Jose) and now could spend money for any number of reasons.

Joe and Larry received value from Jose's act of infringement (copy, distribute), and Ann added to that by her other act of infringement. (use)

And that's it, just really want to underscore the difference.

I've long held the view we won't really get workable laws on all this, until we discuss it using the proper words. The nuances are subtle, but they matter! As does the law and its impact on our lives and opportunities.

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