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YouTube takes down the Ig Nobel show because of a 1914 recording

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Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#162
post #108

Earlier quoted context omitted.

I don’t think it can be made clearer: YouTube fought the battle and lost. This is the compromise. Sure, they aren’t a scrappy little startup. Can anyone please propose what they’re supposed to do after losing the lawsuit?

I missed the evidence of them having fought the battle. How do I file notice with Youtube of public domain or fair use assertion with regard to a video I'm uploading?

Viacom International Inc. v. YouTube, Inc.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#163

Earlier quoted context omitted.

The social contract was: you make a work, society will pretend it's scarce for a few years so you can make money. Then it will enter the public domain. What was the last movie you've watched that entered the public domain? I bet not a single person on this site will see that happen within their lifetimes. The fact is copyright monopolists have systematically robbed us of our public domain rights.

All the responses seem to be a bit off-target. I'm specifically talking about copyright being linked to the lifespan of the author. It's arbitrary and unfair on authors. I'm not saying we need long copyright terms. I don't know what the optimum would be - maybe 10 years, maybe forever (like indigenous culture).

Our copyright terms need to be reasonable. They aren't reasonable right now. The term has been ratcheted up from the original 14 years with an option for a 14 year renewal to the ridiculous author's live plus 70 years, or 95 years from first publication/120 years from creation (which ever is shorter) for works for hire.

I'm all for keeping much of the current copyright regime around, including extending the term to some reasonable period after the author's lifetime. The terms need to be reasonable.

Copyright is granted by society. It should be based on give and take. Historically "normies" haven't paid any attention to it and the only parties who have had any say have been those who had a vested financial interest in increasing copyright terms. It has been a "take and take" relationship.

Preventing works from entering the public domain also has a "pulling up the ladder" effect. It prevents new works based upon older works from having economic value. The Walt Disney company's success and subsequent lobbying to extend copyright terms is a particularly galling example of this to me.

I'm not sure what you mean re: "...maybe forever (like indigenous culture)." Are you suggesting that making works that are derivative from indigenous cultures should be prohibited? At some level all of our stories are from the "indigenous culture" of all of humanity. There are no new stories under the sun.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#164
post #108

Earlier quoted context omitted.

YouTube isn't a scrappy little startup with no resources left over after keeping the servers up and running 24-7. They absolutely have the talent, capital, and legal resources to innovate in this area and to assess things like public domain claims. The concept of public domain resources is not a difficult one, you don't need special legal training or advanced math to understand the idea that copyright expires and tha…

I don’t think it can be made clearer: YouTube fought the battle and lost. This is the compromise. Sure, they aren’t a scrappy little startup. Can anyone please propose what they’re supposed to do after losing the lawsuit?

Somehow we can get draconian international agreements on copyright enforcement that the biggest corporations and countries have to bow down to but when it comes to things like child labor or climate change our hands are magically tied.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#165

Earlier quoted context omitted.

The social contract was: you make a work, society will pretend it's scarce for a few years so you can make money. Then it will enter the public domain. What was the last movie you've watched that entered the public domain? I bet not a single person on this site will see that happen within their lifetimes. The fact is copyright monopolists have systematically robbed us of our public domain rights.

All the responses seem to be a bit off-target. I'm specifically talking about copyright being linked to the lifespan of the author. It's arbitrary and unfair on authors. I'm not saying we need long copyright terms. I don't know what the optimum would be - maybe 10 years, maybe forever (like indigenous culture).

It's not off-target. Copyright terms have nothing to do with the author. If we wanted to maximize author benefit, we'd just make it infinite.

Copyright term duration is about society. The truth is copyright is bullshit. Artificial scarcity is exactly that: artificial. It's a lie. Society is doing creators a huge favor: we're all pretending the creator's works are scarce. We're pretending we don't know how to make copies. We do this so that they can make money from their work. And we're doing it with the understanding that after a while the work will belong to us all. It will no longer be the creator's, it will become part of our culture by joining the public domain. Public property.

The longer you make those terms, the more unfair it is to the society that enabled the creator's business in the first place. The more unfair it is, the less reason there is to uphold the original social contract.

This arrangement must be tolerable for society. This eternal rent-seeking monopoly bullshit will not be tolerated. One day society is going to stop pretending and these monopolists will understand that everything is public domain.

It's already happening. See Sci-Hub.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#166
post #147

Earlier quoted context omitted.

Keep fighting.

Why should Google keep wasting money. If its that important then people can protest to change the laws.

Because they aren't paid to enforce unreasonable copyright laws, yet they still have to do so. It's not just the users that are penalized by the status quo, it's the service itself.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#167
post #151

Earlier quoted context omitted.

David Graeber has argued persuasively that there is little real anthropological evidence to support the notion that money arose from the ‘inefficiency of barter’. [1—3] 1. https://theanarchistlibrary.org/library/david-graeber-on-the... . 2. https://newrepublic.com/article/159227/david-graeber-changed... 3. Graeber D. 2011. ‘Debt: The First 5000 Years'. Melville House, NY

This just shows that economists are poor historians. It doesn't change how money enables more efficient and sophisticated forms of commerce than than barter or a credit social credit system.

But that has cause and effect backwards. Nobody is claiming that money does not do that, but that it did not arise because of the inefficiency of barter.

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#168

Presumably this will encourage the creator of the 1914 work to create new works.

It's also galling that this recording was made under a copyright regime that granted substantially shorter federal copyright terms and required renewal to achieve the maximum term. Creators, at that time, knew "the deal" and accepted it. The intellectual commons has been (and is), literally, subject to "I am altering the deal. Pray I don't alter it any further." scenarios. That shouldn't have ever been acceptable. Si…

What you say is mostly true, but in the case of sound recordings from before 1972, it's actually the opposite. At the time such recordings were made, they were subject to an infinite copyright term! The Music Modernization Act [1] passed in 2018 to put a finite life on those copyrights. As a result, all sound recordings from before 1923 become public domain this January.

[1] https://en.wikipedia.org/wiki/Music_Modernization_Act

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#169

Earlier quoted context omitted.

> and most societies at most times in most places in history seem to have done just fine managing “the commons” as a shared resource through social compact and peer pressure. What? Clean water, clean air, deforestation, overfishing, noise pollution. There are infinite externalities that have been shifted onto the commons that social compact and peer pressure haven’t (and arguably won’t) solve.

I think your parent comment is thinking about the world before privatization, where most resources are understood to be the collective property (and responsibility) of the community, and the community itself enforced rules intended to make sure that the resources were well managed. Once you start talking about the modern, post-privatization world, things are different of course. Resources like water may be in theory…

> I think your parent comment is thinking about the world before privatization, where most resources are understood to be the collective property (and responsibility) of the community, and the community itself enforced rules intended to make sure that the resources were well managed.

Yeah, and I understand what we've got right now ain't that.

I think the two requirements for that kind of community governance are 1) relatively stable long-term relationships - ie, stakeholders are well known to each other and expect to bear the long-term costs of their decisions - and 2) relatively evenly distributed power, such that no one actor can ignore the will of the overall group.

Broadly, I think there are two changes in the modern world that put an end to that, both technological - 1) transportation technology increased to the point where it's no longer a given that people will effectively stay in one place for their entire lives, which affects both how people see their surroundings and what they can assume of others, and 2) mechanization increased both the scale of resource extraction we're capable of and the power disparity we can bring to bear if, say, the Crown agrees with us.

> That said, I think privatization was inevitable.

Broadly I agree. I'm not sure privatization as we have it was inevitable, but I think given technology progressing to even trains and rifles is sufficient to disrupt the social and psychological world in which most resources were held in common.

> I don't think it makes sense to long for the days where community management was possible, because that was probably always limited to rather local resources and not to handling global problems like climate change. (Maybe a "global community" is possible in some utopian future, but thinking about that doesn't seem like a way to solve the problems we have now.)

Part of why I push back on the idea of "the tragedy of the commons" is because it fosters a narrative of human beings as inescapably greedy and incapable of acting communally at any scale, and that's simply incorrect. I don't know what a "global community" would look like, but I think if we've any hope of achieving some kind of headway against climate change, we need more narratives encouraging us to be members of a community and fewer telling us we're "rational actors."

Re: YouTube takes down the Ig Nobel show because of a 1914 recording

#170
post #36

Earlier quoted context omitted.

> Unless you believe artists should make money solely from performances That's the only business model that makes sense. Once you record a song, it's trivially copied and distributed. The musicians remain scarce: there's only one of them.

What does "making sense" mean in this scenario? Many lines of work follow that pattern. Composers, designers, programmers, writers... What would be the equivalent for any of these? Working in real time?

All creators should endeavor to get paid before they create.

The labor of creation is extremely valuable but once created the resulting data will be in infinite supply and this will drive its price down to zero. Therefore creators only have the necessary leverage before the data exists.

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