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Copyright and Copy Rights 453

neocon writes "Today's National Review Online has an interesting piece from John Bloom of UPI on the origin of Copy Rights (what Copyrights really are) and the current attacks on them in Congress and elsewhere."
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Copyright and Copy Rights

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  • by BoomerSooner ( 308737 ) on Friday November 22, 2002 @03:02PM (#4734318) Homepage Journal
    Everyone bangs their drum about how bad things are in the world today. Then they return to their own little world and do nothing.

    I'm sick of reading about the ills of society and corporate america. If anyone actually gave a shit we wouldn't have the Republican Nation.

    Americans need to shit or get off the pot. Either we have rights and freedoms or we don't.
    • I'm sick of reading about the ills of society and corporate america. If anyone actually gave a shit we wouldn't have the Republican Nation.

      Americans need to shit or get off the pot. Either we have rights and freedoms or we don't.


      Yep. But unfortunately the readership on Slashdot doesn't represent the majority of this country. Not even close actually.

      Have you considered the possibility that maybe Americans are hopelessly addicted to pain? I know it sounds strange, but ...
    • by crow ( 16139 ) on Friday November 22, 2002 @03:07PM (#4734353) Homepage Journal
      If anyone actually gave a shit we wouldn't have the Republican Nation.

      If you're referring to the Republican party, then I think you're a bit off base. I'm strongly under the impression that both major parties are equally bad when it comes to issues like copyright. If the EFF were a political action committee, they would have difficulty finding any candidatees to support. The problem is that candidates are not catering to individual rights because there is no lobbying effort to back them, the are no campaign donations keyed to them, and there is no perceived voter demographic that will vote primarily on them.

      • by dfn5 ( 524972 ) on Friday November 22, 2002 @04:11PM (#4734861) Journal
        If you're referring to the Republican party, then I think you're a bit off base.

        I read "Republican Nation" as not a Nation run by "The Republicans" but a Nation that is a Republic, as opposed to a Democracy, which of course we are. A Democracy is a country that is run by the people. We actually have a Republic which is run by people we elect because we are to stupid to pass our own laws.

        Which of course we are. Two years ago here in Massachusettes there was a referendum question for "Clean Elections" campaign finance. It set aside tax dollars to go to candidates for campaigning who met certain criteria. However, the legislature decided that the people really didn't understand the ballot question and didn't know what they were voting for. So they didn't fund the law and the media got all up in arms that the government wasn't doing what the people wanted. Fast forward to today. Another question that repealed this law went on the ballot and was worded such that it was clear that tax dollars were to be spent on it. This also passed overwhelmingly. Turned out the stage Leg. was right in deciding that we the people didn't know what the hell we were doing.

        However, I do know that I don't like these copyright laws. What can we do to fix it?

        • I read "Republican Nation" as not a Nation run by "The Republicans" but a Nation that is a Republic

          I think if he'd meant that he'd have used a little 'r'. Though the Good Thing capitolization scheme has muddied those waters.

          If he really is tying all this on the GOP, I'd point out two things. One, National Review is widely recognized as a Right Wing rag, and is edited by one Wm. F. Buckley, so there's dissent on both left and right on this one. Two, what party does Senator Disney belong to? (That's a rhetorical question. He's a Democrat.)

          And as far as not proposing a solution, that may not be as big a deficiency as you'd think. Remember that Big Copyright is trying to persuade everyone that copying is theft, and every bit as morally repugnant as bording a killing the crew and passengers of a ship on the high-seas to take away all their possessions (piracy). They are attempting to portray themselves as victims of a horrible crime. They are also trying to say that their property rights give them absolute control over the use of their 'products'.

          Therefore, to fire some broadsides at the idea that copyright is a fundamental, rather than derivative right is a useful tool in the policy battle. To do so in a Right-leaning forum such as NR will also get the word out to people that might not otherwise hear it. Many of the people on the 'free-as-in-speech' side of the discussion also feel the semi-socialist 'profit is wrong' impulse. Therefore, folks on the right tend to dismiss them as simple anti-corporatism for the sake of anti-corporatism, which they won't cotton to. While the populist right wing won't pay much more attention to the arguments in this column than to one in Mother Jones, the intellectual right (your folks who know who Milton Friedman is and who have at least some passing knowledge of the actual concepts laid down in the Bill of Rights, beyond just the 2nd Amendment) are potentially useful allies. Freedom and openness are part of their ideology, because they are necessary for free trade and competitive business, which they're all about.

          Swaying these people to the side of light is a Good Thing.
        • because we are to stupid to pass our own laws.

          A few years ago there was a bill that was passed by vote in Washington State which required any new tax to be put to the people for a vote.

          The law was ruled unconstitutional by the Washington State Supreme Court. Here people actually did care, but it didn't matter because the game was fixed.

          Just today congress voted not to extend unemployment benefits after Dec. 27th (yes, two days after Christmas) for the 800,000 people out of work in the crashed economy. Oh, by they way, today they also voted for a $4,000 per year salary increase for each member of Congress.
    • by toupsie ( 88295 ) on Friday November 22, 2002 @03:16PM (#4734423) Homepage
      If anyone actually gave a shit we wouldn't have the Republican Nation.

      My goodness, do you want some cheese with that whine? The reason we have a Republican Nation is that Americans "do give a shit" and voted for the Republicans. Anyone that didn't vote and complains about Republicans in power has only themselves to blame.

      Americans need to shit or get off the pot. Either we have rights and freedoms or we don't.

      So you are saying that only Democrats care about rights and freedoms? What about the right to keep and bear arms? What about the freedom to control the fruits of your labor?

      Take off your blinders...

      • voting! (Score:3, Insightful)

        by simpl3x ( 238301 )
        is that the reason that "republicans" are generally against efforts to improve voter participation, such as the motor-voter bill? no this was another election with low turn-out and a definite lack of interesting discussion. sad! but, numbers-wise the winning candidates generally won with small majorities, so perhaps this supports the idea that a true democracy will be nearly evenly split. what the idea likely does not intend is that the parties will basically be spouting the exact same ideas.
        • Re:voting! (Score:3, Interesting)

          by FatRatBastard ( 7583 )
          s that the reason that "republicans" are generally against efforts to improve voter participation, such as the motor-voter bill? no this was another election with low turn-out and a definite lack of interesting discussion. sad! but, numbers-wise the winning candidates generally won with small majorities

          You're half right. Both parties are generally against efforts to improve their opponent's voter turnout. One of the interesting things about the Motor-Voter bill was in many cases it helped Republican candidates, at which point they changed their tune quite a bit (as did the Dems in those areas.. they were less gung ho about after).

          The Dem's shit stinks just as bad as the Reps when it comes to manipulating the election system in their favor.
      • The reason we have a Republican Nation is that Americans "do give a shit" and voted for the Republicans.

        Well, let's be fair. Most Americans who could vote, didn't. About a third of the voters in this country cast a ballot in the midterm elections. So I think it's more accurate to say that of the Americans who do give a shit, a slim but notable majority voted for Republicans.

        And I think it's fair to say that most Americans don't give a shit whether Disney holds on to the copyright for "Steamboat Willie." I know I couldn't care less about that. It makes absolutely no difference to my life one way or another, except in principle.

        Can somebody convince me otherwise? I feel kind of bad about being so indifferent about the Bono act. Can somebody give me an example of a situation in which a work's not being copyrighted-- that is, being in the public domain-- led to some kind of wonderful thing happening?
        • by Zathrus ( 232140 ) on Friday November 22, 2002 @03:40PM (#4734604) Homepage
          somebody give me an example of a situation in which a work's not being copyrighted-- that is, being in the public domain-- led to some kind of wonderful thing happening?

          The most obvious case is It's a Wonderful Life.

          The movie was a dismal failure in the box office when released. It languished from that point on until it lapsed into the public domain because a copyright extention was not filed. The networks and independant channels picked it up and used it as filler during Holiday season -- not because they considered it good, or warm and Christmas-y, but because it was cheap. Real cheap. As in free.

          If it weren't for this then what is now considered a Christmas classic would've probably rotted away in a vault somewhere. And while I'm sure there are people who wish it would, because they've seen it too much, most people do consider it a good movie, at least the first time or two.

          Oh... and ever wondered why it isn't blasted all over the TV during the holidays now? Because it was discovered that while the movie is in the public domain, the screenplay (or maybe the soundtrack) is not. So that copyright is now being used to control the work as a whole.

          There are thousands of books and hundreds of movies that were written in the early 1900s that are being lost because they're under copyright but are literally disintegrating. If they were in the public domain then groups like the Guttenburg Project could save them.

          The key point is to remember that Copyright laws are there to enrich the public domain. Without copyright law then there is nothing illegal about someone stealing your work in whole. It's generally agreed that people would like recompensation for time spent, and so a limited duration copyright encourages people to publish works. The limited duration ensures that the work does eventually return to its natural state - free. Copyrights are a contrevience to encourage contribution to humanity. I think they're a necessary one as well. But I also think that copyright law has gone too far to one extreme and needs to be set aright.
          • by Misch ( 158807 ) on Friday November 22, 2002 @05:51PM (#4735689) Homepage
            Exactly. Look at what Disney has cranked out in the past... Peter Pan, Sleeping Beauty, The Hunchback of Notre Dame, and so many more titles that were based on ideas in the public domain. Now I'd like to see someone put on a production of a show called "Beauty and the Beast", and not get their asses sued off by Disney.

            Even Hollywood is getting pissed off about the whole copyright scene. Writers are running out of things to write about. Movie ideas are so expensive because everything has been done already. That's why we're getting re-hashes like Oceans 11 (1960 [imdb.com], 2001 [imdb.com]), and the James Bond [imdb.com] franchise.

            In another example, I know that greeting card company hired out a friend of mine [paulmischler.com] to come in for a Santa Claus photo shoot. Why? Because the image we most associate with Santa Claus [snopes.com] is owned by Coke, and they needed to have a new model to base illustrations on to meet the "original work" standard in the copyright clause to avoid lawsuits. (Or repel them if Coke would sue anyway).

            It's our culture that we're pissing away when we let copyright get extended too far.
    • Not enough people care, unfortunately.
      Many people don't even know what is really going on, and FOX/NBC/CNN isn't telling them much except:
      "Blah blah al qaeda, blah terrorists, blah preemptive, blah peace and bombs, blah Saddam blah".
    • "Republican Nation"?

      What the f*ck are you talking about? The Dems. have done more to destroy copyright in the U.S. than the Reps. Furthermore, the article is on National Review, a conservative rag.

      Am I defending the Rep. party? Hell no, I think it sucks too, but as far as copyright is concerned, they're(overall) more on our side than the Dems.

    • If anyone actually gave a shit we wouldn't have the Republican Nation.


      It is clear that you don't know what National Review is! It is one of the primary conservative journals, strongly Republican, founded and run by William F. Buckley, Mr. Conservative.

      It turns out that many conservatives and Republicans are not in favor of special interest legislation, whether it favors corporations or "minority" groups.

      It is also true that Democrats are at least as busy favoring *their* monied interests as the Republicans are. Just ask the billionaire trial lawyers or the fat cat labor union executives. Just ask the corporations that the *Democrats* cut favors for!

      You can be forgiven for your ignorance, however, since it is shared by the mass media from which you probably learned your political information, and is even more strong among academia.

      If you want to find out what Conservatives and Republicans really think, read a few of our publications: The National Review, the Wall Street Journal editorial page, The Weekly Standard, etc. Don't listen to the media which is 85% composed of Democrats!
    • This isn't a "Republican" or "Democratic" issue. I didn't hear a single candidate from either major party this last election promise that they would pursue copyright reform if elected.

      They're both against us. Uh oh.
  • by peterb ( 13831 ) on Friday November 22, 2002 @03:03PM (#4734323) Homepage Journal

    It does raise the issue that copyright is not a consequence of natural law, but of positive law (eg, there wouldn't be copyright without an act of the sovereign.

    The part of it I disagree with somewhat is his characterization of copyright as not really being about property rights, but about free speech. Copyright is very explicitly a property trade off: "We will give you the following property right in return for that property eventually reverting to the public." Copyright owners often make the mistake of speaking as if copyright exists for their benefit. It doesn't. The entire point of copyright is to encourage the creation of intellectual property for the benefit of the public. The fact that the mechanism by which the creation of that intellectual property is achieved is by granting a benefit to the author is purely incidental.
    • by Anonymous Coward
      A copyright post that's neither ranting nor worshipful? Do we allow that around here?
    • "We will give you the following property right in return for that property eventually reverting to the public." Copyright owners often make the mistake of speaking as if copyright exists for their benefit. It doesn't. The entire point of copyright is to encourage the creation of intellectual property for the benefit of the public. The fact that the mechanism by which the creation of that intellectual property is achieved is by granting a benefit to the author is purely incidental."

      Finally! somebody else who understands this! now if we could only convince the politicians who are supposed to represent their constituents....
    • You misread the thrust of that statement. You simply restated the author's argument but quibbled with the nouns he used. I hardly think that was helpful to the discussion.

      When the author said that Congress passed the Bono act because Congress viewed the issue as a property rights issue, he meant that Congress was ignoring the benefit to the public. Congress was in effect stating that the benefit to the public was what was incidental and that the mechanism of copyright existed to protect the property rights of authors.
      • It's also important to point out that unlike all other property rights, copyright originally only limited duplication rights for professional publishers. The general public was exempted as long as they didn't mass produce copies of the copyrighted work for payment. So, an individual could hand copy a book as often as he/she wanted, but a publisher could not set up a printing press to mass duplicate and sell the work without permission from the copyright holder. This is an important distiction and is the basis for todays "fair use" provisions in copyright law. --M
    • by Anonymous Coward
      It's very dangerous to think of information as property. It's not property. Don't use that term unless you want more laws that treat it as if it was.

      Copyrights expire. Property rights don't.

      There are "fair use" rights with information. There are no similar rights with real property. I can't "borrow" Hillary Rosen's car for "scholarly purposes", but I can copy her words.

      The copyright on a work remains with the copyright holder, even after I buy it.
      A piece of physical property is mine when I buy it, and not even the government can touch it without the appropriate legal papers.

      The copyright follows the work, even as it is copied or changed into derivative works. Physical property only exists in one form at any given moment.

      These differences should make you think twice about calling copyrights "property rights" without caveats. If the Framers wanted them treated as physical property, they would've put it in the Constitution.

      • It's very dangerous to think of information as property. It's not property. Don't use that term unless you want more laws that treat it as if it was.

        Copyrights expire. Property rights don't.


        You are completely and utterly incorrect. Property rights can and do expire. For example, I can grant you real estate in perpetuity ("fee simple"), or I can grant you a life estate. Or an estate for a certain length of time.

        Property rights are not an all or nothing proposition. One useful metaphor we were taught in school was property rights as a "bundle of sticks." You can separate the sticks and hand them out as you like ("You have the right use this in this way, you have the right to copy it, you have the right to make a sandwich with it...").


        There are "fair use" rights with information. There are no similar rights with real property. I can't "borrow" Hillary Rosen's car for "scholarly purposes", but I can copy her words.


        Again, you're quite simply wrong. Fair use is not a right at all, but a (statutory) affirmative defense to infringement. You probably could "borrow" Hillary's car if she leased it or licensed it to you. You could probably have an affirmative defense to borrowing her car without permission if you needed it to, say, save a houseful of orphans from a rampaging serial killer. Just like fair use.


        The copyright on a work remains with the copyright holder, even after I buy it.
        A piece of physical property is mine when I buy it, and not even the government can touch it without the appropriate legal papers.


        Yes. Different types of property can be treated differently in different circumstances.


        These differences should make you think twice about calling copyrights "property rights" without caveats. If the Framers wanted them treated as physical property, they would've put it in the Constitution.


        They didn't want copyrights treated as physical property. They wanted them treated as intellectual property.

        See, uh, that's why they put it in the Constitution [cornell.edu] ("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;")

        The exclusive right for a limited time is unquestionably, without any doubt whatsoever, a property right. Just because you don't understand what the term "property rights" mean doesn't mean you should be miseducating others.
        • by manyoso ( 260664 ) on Friday November 22, 2002 @04:20PM (#4734954) Homepage
          What a complete and utter bunch of horse shit!

          "You are completely and utterly incorrect. Property rights can and do expire. For example, I can grant you real estate in perpetuity ("fee simple"), or I can grant you a life estate. Or an estate for a certain length of time."

          Then it isn't _yours_! Please, do not stretch this already horribly mutilated property to copyright analogy. Trying to graft the idea of copyright onto physical property via 'Intellectual Property' is crap.

          Again, you're quite simply wrong. Fair use is not a right at all, but a (statutory) affirmative defense to infringement. You probably could "borrow" Hillary's car if she leased it or licensed it to you."

          Again with this tortured analogy. 'Fair Use' has nothing to do with property and it is not analogous to borrowing someone's property. Copyright is just that, a limited exclusive right to make _copies_ of a work. It has nothing to do with property which you would have learned if you read the article.

          "They didn't want copyrights treated as physical property. They wanted them treated as intellectual property.

          In case you haven't been listening, the term 'Intellectual property' is bogus double speak that was not used by the framers and really has nothing to do with the limited exclusive right to make _copies_ of a work. The framers had no intention of turning ideas into some kind of possession. Yes, you might say the authors of a work 'possess' the copy right, but they do not 'possess' the actual work or idea ... just the _copyright_. Understand? They simply wanted to create an incentive for the public release of previously private (or non-existant) ideas.

          See Harper, "It should not be forgotten that the Framers intended copyright itself to be the engine of free expression. By establishing a marketable right to the use of one's expression, copyright supplies the economic incentive to create and disseminate ideas."

          This does not in anyway imply a 'property right' ... it implies a 'copy right'.

          The exclusive right for a limited time is unquestionably, without any doubt whatsoever, a property right."

          No, it is not and no matter how much you plead to the contrary, it is not a 'property right'. Of course, you are free to use whatever semantics you like, but the common understanding of 'property right' does a disservice to the true intention and mechanism of the copy right. If you would open your eyes and read the article you might see why.
        • by Royster ( 16042 )
          It happens to also be an affirmative defense codified in statute. The statute actually says that Fair Use is not infringement. If you make Fair Uses, you are not infringing the exclusive rights of the author. It follows that you can quote this as a defense if you are accused of infringement, but it is more than just an affirmative defense.

          It is more than a statutory right because Fair Use was originally a judicial ruling that the balancing of the Copyright Clause and the First Amendment required that people be allowed to make uses of Copyrighted materials in their speech otherwise the purpose of promoting progress in the Copyright CLause would not be met. We have Fair Use, not because Congress wrote it into statute but becuase the Constitution requires it.
      • Very good analysis. Misunderstanding of those very issues leads to things like the DMCA.
    • The mere fact that the term intellectual property was never used in the US constitution and AFAIK was invented in the 70s should be enough to make it clear that copyright has NOTHING to do with PROPERTY. You can't own thoughts. You may put some claim to the expression of an idea, but never the idea itself. Knowledge can't be taken away and giving it away won't diminish your own. As soon as you publish your ideas, they are in the public domain. Copyright just gives you the opportunity to benefit from their creation, so that you will keep creating.
      Your own thoughts and ideas don't come from thin air, but from other people's ideas. You can't treat them as property.
  • by Badgerman ( 19207 ) on Friday November 22, 2002 @03:05PM (#4734342)
    The article is an excellent summary of the issues, what's happened, and how ridiculous some of this is.

    Copyright was a legal system for protecting a creator's opportunities and placing things in the public domain. A win-win situation in the minds of the founders, I'm sure.

    It's been turned into a way to hold onto information for a ridiculous (eternal?) amount of time. Something comes up, a few more campaign donations go out, and it gets changed again.

    'nuff said.
  • one thing's for sure (Score:3, Interesting)

    by chamenos ( 541447 ) on Friday November 22, 2002 @03:07PM (#4734357)
    a copyright law that was drafted a few hundred years ago cannot be relevant today without any change. at present, those laws are badly irrelevant to today's culture. as always, the rich and the powerful are just going to take advantage of the lucrative situation they have in their hands now.

    the word "copyright" is quickly becoming a farce, at least in corporate and capitolist america. its sad how this issue has been ignored and cleanly swept under the rug. but as always and as mentioned earlier, the rich and powerful will have the last say.
    • a copyright law that was drafted a few hundred years ago cannot be relevant today without any change.

      Why not? Other laws, drafted hundreds of years ago, are just as relevant today as they were then with no changes at all. What makes copyright law so different?

      Don't make the mistake of assuming that the time in which you live is somehow fundamentally different from the time that came before. It hasn't been true yet in all of human history; what makes you think it's true now?
    • a copyright law that was drafted a few hundred years ago cannot be relevant today without any change

      Then you say...

      as always, the rich and the powerful are just going to take advantage of the lucrative situation they have in their hands now

      You completely contradict yourself. The situation today is that copyright law _HAS BEEN CHANGED_, and the "rich and powerful" are taking advantage of that.

      Copyright law as it was a few hundred years ago would not allow the current situation, and would be much better for today than what we currently have.

  • by Cap'n Canuck ( 622106 ) on Friday November 22, 2002 @03:08PM (#4734360)
    ...that a Republican publication is in favor of limiting the earning potential of major corporations (AOL/Disney/etc). Maybe this issue goes beyond money.
    • by LostCluster ( 625375 ) on Friday November 22, 2002 @03:20PM (#4734458)
      Because copyright cuts both ways. If The Wizard of Oz movie went public domain, Disney's cable networks would be able to air the movie without fee, rather than the current situation where the movie can now only be found on AOL Time Warner owned networks, namely The WB and TNT.

      Shortening copyrights would redistribute the entertainment-money pie in favor of those who are making new content, rather than those who retain the rights to things done years ago.
    • by Steve B ( 42864 ) on Friday November 22, 2002 @03:36PM (#4734576)
      There are several wrinkles to the issue. To describe a couple (one principled, one cynical) off the top of my head:

      1. (the principled one) Many Republicans genuinely believe in the free market, which is not the same thing as corporate statism. Corporations that live off artificial government monopolies (e.g. indefinitely extended copyrights provided by coin-operated legislators) are "rent-seekers" (a term of art meaning someone who lives off such special privileges, not a landlord trying to get a tenant to pay his bill ;-) ).

      2. (the cynical one) Hollywood is a big money machine for the Democrats -- what do you think inspired Hollings (D-Disney) to introduce his ban on general-purpose computers?

    • ummm...not really. Where do you think Hollywood gives its money to disproportianatley? Republicans or Dems? Seriously, it is the Dems (with some exceptions, Zoe Lofgren, Rick Boucher) who are in the pockets of Hollywood and the entertainment industry. How many prominant republicans are there in Hollywood (Tom Selleck, Charleton Heston, Ben Stein, Arnold Schwarzeneger, who else????). Hollywood gives money to dems, and dems respond to their bidding. Even Lieberman changed his tune on the morality of Hollywood when selected as the VP nominee for fear of offending one of the biggest Dem constituent $$ groups (the other two being trial lawyers and unions). Hilary Rosen's partner? Why that would be the head of the Human Rights Coalition, the both of them were the first to host Gore after his concession (the tenth one I believe it was, but the final one). So why be shocked that Republicans would stand up to Hollywood, who else would?

      As an IP professor at the law school (prominant DC based) I attend said, "I hate it. I am a lifelong democrat and they are selling us out on IP issues." To which I responded, "I hear you, I feel the same way about republicans and civil liberties."

      Yes, both parties take cash and have policies that favor certain interests, so don't turn this into, well republicans are bad cuz they are in the pockets of X,Y, and Z. The point is Dems will not stand up against Hollywood (with the notable exceptions mentioned), and the only ones who are left to are those who have been critical of Hollywood (for right or wrong), republicans. Hmm, could this be part of why Jesse Helms final legislative act was a big "screw you" to the RIAA and their webcasting bill? (but I thought he was an evil republican, how can that be????)
    • I was under the impression that NR and NRO were conservative publications, as opposed to being Republican publications. Not exactly the same thing.


      If you look at the political definition(s) of the word conservative, instead of how conservatives are often portrayed, it makes more sense


      2 a : disposition in politics to preserve what is established b : a political philosophy based on tradition and social stability, stressing established institutions, and preferring gradual development to abrupt change
      3 : the tendency to prefer an existing or traditional situation as opposed to change

  • Share Knowledge (Score:5, Insightful)

    by m1a1 ( 622864 ) on Friday November 22, 2002 @03:09PM (#4734371)
    This is an excellent article and should be shown to people who have trouble grasping the idea of copyrights moving into the public domain.

    I had to have a long, long discussion with my girlfriend about copyright extensions, and why they are wrong before she finally accepted. The public has become so used to large corporations controlling everything that it seems foriegn to them that intellectual property should be released into general ownership after its creator's death. SHARE THE KNOWLEDGE. Mickey Mouse should, and I would argue does, in fact belong to everyone now!
    • Re:Share Knowledge (Score:2, Insightful)

      by Chromonkey ( 466956 )
      You however have just changed copyright law by stating "...it seems foriegn to them that intellectual property should be released into general ownership after its creator's death."

      Fourteen years after creation and then another fourteen if they are still alive seems fair to me. If they die during either term the copyright should still be valid.

      Example, someone creates the 'next big thing' in publishing. It garners great acclaim, there are movie rights, etc. Someone kills the author. Should his/her copyright expire immediately? What about their heirs, should they get nothing of this work?
      • The heirs? Maybe I should take that up to my boss; the company I work for should definitely pay my relatives if I happen to die while employed...

        Or not...
    • Mickey Mouse should, and I would argue does, in fact belong to everyone now!

      Don't confuse copyright with trademark. Mickey Mouse, the character, is a trademark, and as such will not pass into the public domain as long as the owner maintains the trademark registration.

      Copyright applies to specific works, like "Steamboat Willie," not to characters that are trademarks like Mickey Mouse.
  • I prefer Lessig's (Score:5, Informative)

    by Strike ( 220532 ) on Friday November 22, 2002 @03:09PM (#4734375)
    http://randomfoo.net/oscon/2002/lessig/ [randomfoo.net]

    Lawrence Lessig's 30 (or so) minute speech on copyrights has been an excellent inspiration for me. Inspired me to join the EFF :)

    I greatly encourage everyone to go to the link above.
  • still relevant? (Score:3, Insightful)

    by tps12 ( 105590 ) on Friday November 22, 2002 @03:11PM (#4734392) Homepage Journal
    I am fairly anti-copyright and pro-freedom. I use only Free Software such as Linux and KDE, I only listen to music from independent labels or that I can get on mp3, and I refuse to even think about buying region-coded DVDs, though I will on occaision rent them.

    There are a lot of good arguments against copyright law, including that it impedes the free exchange of ideas, adds to corporate exploitation of the working class, and contributes to intellectual, industrial, and artistic stagnation in general. It's pretty easy to see the difference between the Rennaisance (pre-copyright) and the 2001 MTV Video Music Awards (post-copyright). We're not even in the same league anymore, and it's easy to see why.

    The argument in the article, though, is that copyright law, as originally intended, was designed to protect the rights of media consumers, not media producers. That's all well and good, but it's to some extent a non-sequitor. I mean, we're not living in 1776 and we're not delegates of the Colonial Congress: it's 2002 and we're Linux geeks on Slashdot. Media and copyright have both evolved so incredibly since those bygone days that who's to say *what* the Founding Fathers would think of "ripping" a "mix CD" of "n*Sync?" Look at how difficult it is for the Supreme Court to understand the First and Second Amendments, which are pretty freaking straightforward in comparison; do you really think we have a *prayer* of understanding the original copyright laws?
    • Re:still relevant? (Score:5, Insightful)

      by peterb ( 13831 ) on Friday November 22, 2002 @03:24PM (#4734485) Homepage Journal

      There are a lot of good arguments against copyright law, including that it impedes the free exchange of ideas, adds to corporate exploitation of the working class, and contributes to intellectual, industrial, and artistic stagnation in general. It's pretty easy to see the difference between the Rennaisance (pre-copyright) and the 2001 MTV Video Music Awards (post-copyright). We're not even in the same league anymore, and it's easy to see why.


      I think you couldn't be more wrong; copyright in no way impedes the "free exchange of ideas." Copyright doesn't protect ideas from being copied, it protects expression from being copied. You can't copyright an idea at all, period. Copyright doesn't stagnate the creation of ideas, and by any standard it certainly encourages creativity. You compare us to the Renaissance, when a few staggering works of genius were created, generally under the patronage of kings and popes. I don't have figures, but surely the number of, say, books, works of music, and graphic images being created today dwarfs the output of the Renaissance by several orders of magnitude. That says nothing about quality, of course, but I'd like to think that a genius is a genius regardless of what the government regulations are. Could Michaelangelo have painted the Sistine Chapel without money for paint? No. Copyright is one method of making sure he can fund his works.

      Now, reasonable people can (and do!) disagree about the length of copyright restrictions and whether it's appropriate to extend them retroactively. I personally feel that this is moving the goalposts. But to argue that copyright is somehow completely outdated and has no use anymore is to present yourself, very firmly, as someone that has probably never created any intellectual work of significant value.


      Look at how difficult it is for the Supreme Court to understand the First and Second Amendments, which are pretty freaking straightforward in comparison; do you really think we have a *prayer* of understanding the original copyright laws?


      Yes, I do we have more than a prayer. I think it's pretty easy to understand copyright law, if you try (some may find the copyright FAQ [copyright.gov] useful).

      Law is something that is supposed to last. Good laws -- and I think the copyright laws, as they were originally intended to apply, are good law -- take changing technology into account. "We have Linux now!" is not an adequate reason to dismiss a thoughtful analysis of property rights. Does that mean we should unquestioningly accept everything and never try to change it? No. But it does mean that we need to understand the reasons things work the way they do so that we know how to change them, instead of just saying "We're so cyber we don't need all this old stuff."
    • Re:still relevant? (Score:2, Informative)

      by Chromonkey ( 466956 )
      Of course copyrights are still relevent. If *I* create something it (a copyright) protects *me* and *my* work. I don't work for free and I doubt you do either. Why would anyone bother to create new works if they couldn't have some semblence of a guarantee of being justly compensated for it if that's what they want? Just because you apparently believe that all things should be *free* doesn't mean everyone else does (in fact I would argue that the vast majority of people would disagree with you).

      Even Linux has benefitted from copyright. Think about it this way: Those that have contributed code to Linux and other *free* software projects had to earn their money in some way. Odds are likely (almost guaranteed) that most of those methods for earning income were supplied via a patent, a copyright or a trademark. Be it the guy working for a multi-million dollar corporation producing commerical software to the college student who's parents support them by working for an advertising company, to the college student who pays the bills by working at a fast-food restaurant. The point is that the wholesale destruction or disallowance of copyrights and / or patents is ridiculous.

      Abusive patents and copyrights however should be fair game.
  • by Anonymous Coward on Friday November 22, 2002 @03:15PM (#4734417)
    http://illegal-art.org/

    This was a recent show in NYC which displayed works which have almost been suppressed out of existance by Corporate culture. You can find articles on copyeahright, music, videos and other forms of expression.
  • by djembe2k ( 604598 ) on Friday November 22, 2002 @03:17PM (#4734428)
    This article just says "Fortunately, the Supreme Court has agreed to rule on a case challenging the Bono Act", leaving out the fact that it was pretty clear from the oral arguments before the Supreme Court that they are very unlikely to overturn this law. For details, see:

    High court weighs copyright law [com.com]

    The point is that bad policy isn't always unconstitutional, and the court may take that as reason to disagree without acting.

    In general, this article is very light on the legal specifics behind this case and this law, but there are good resources out there, including specifically:

    Opposing Copyright Protection [asu.edu]

  • by Twirlip of the Mists ( 615030 ) <twirlipofthemists@yahoo.com> on Friday November 22, 2002 @03:18PM (#4734445)
    There's one big issue that I wish had been brought up in this article, but that simply wasn't. How long should a copyright last?

    A reasonable idea has been that a copyright should last as long as the author lives, plus a period of time for his estate. No, that wasn't the original law, but it seems to make a kind of sense. As long as an author lives, he has exclusive control of his work, unless he voluntarily transfers that control to somebody else. (In which case the clock starts ticking.)

    This idea breaks when you consider that corporations are legal persons, and that they can own copyrights. The copyright for the Mickey Mouse cartoons isn't owned by Walt Disney, the deceased person. They're owned by Disney, the extant corporation. And corporations have no natural lifespan. So how long should a copyright last?

    I've never heard a good argument on this question. Everybody seems to propose an arbitrary number-- 28 years, 75 years, 99 years-- without giving any good reason for it.

    How's this for an idea. Copyright is granted automatically for a period of 30 years. (Yeah, there's that arbitrary number I just bitched about. But in this case, I picked it because it's more-or-less one generation.) If you want to extend your copyright, you're free to do so for some sort of proportional, sliding-scale fee. The justification would be that the copyright holder is doing society a minor but nontrivial harm by holding on to his work, but that that harm could be offset by the additional revenue to the government. If Disney wants to hold on to the copyright for "Steamboat Willie" forever, they're free to do so if they can cough up the greenbacks.

    It would probably take a Constitutional amendment to make an idea like that one legal, but stranger things have happened.
    • by Kphrak ( 230261 ) on Friday November 22, 2002 @03:43PM (#4734629) Homepage

      The justification would be that the copyright holder is doing society a minor but nontrivial harm by holding on to his work, but that that harm could be offset by the additional revenue to the government. If Disney wants to hold on to the copyright for "Steamboat Willie" forever, they're free to do so if they can cough up the greenbacks.

      They do. That's exactly what we're complaining about. They pay a congressman, he puts forth a bill for a longer copyright, and they get a longer copyright.

      The idea that a corporation should be able to pay the government to defend itself against the rights of the people is completely ridiculous; in fact, it creates a serious conflict of interest. What's more, at some point it has to be recognized that no amount of greenbacks are worth owning information in perpetuity; personally, I'd rather have "Steamboat Willie" usable by anyone than all the mended highways in the country paid for from Disney's coffers. There are some things you can't put a price tag on. Now, someone think up a good Mastercard-ad joke. ;)

    • by Kwil ( 53679 ) on Friday November 22, 2002 @03:50PM (#4734669)
      This idea breaks when you consider that corporations are legal persons, and that they can own copyrights.

      Here's a thought, instead of trying to massage the idea around corporations being legal persons, we remove this silly fiction of corporations being legal persons.

      Corporations are a collective of people. Period. They are not persons. They have no right to free speech, they have no right to bear arms, they have no right to vote. Each individual within the corporation has that right, certainly, but when they are acting "as the collective", then those rights go out the window and society can choose to regulate them as much as society wants.

      This Legal Persons crap was bought and paid for by the corporations a long time ago. It's time we took it back.

      People are persons. Corporations aren't.

    • Screw the "estate". That is Newspeak for spoiled brat kids living large off someone else's creativity, lacking their own. When the author/originator goes, so goes the copyright (Maximum...and not automatic - the onus for extensions beyond, say 20 years, should definitely be on the creator). Period. His/her children can go to school and get their own frickin jobs and create their own works.


      If they lack talent, then tough, the don't get to suck off the teat for perpetuity. Company copyrights should be limited to 20 years with a large $$ cost involved in extending for a max of another 10 years and no more.


    • by bee ( 15753 ) on Friday November 22, 2002 @06:20PM (#4735893) Homepage Journal
      Here's my stupid idea regarding copyrights:

      1) No copyright should ever under any circumstance exceed 100 years. A nice round figure that's easy to compute and no one can really complain that it's too short. Personally I'd like it much shorter, but this is a figure I think everyone can agree on as an absolute maximum.

      2) If a copyrighted work is ever out of publication, then a clock starts ticking: depending on the class of material, if the total time out of publication exceeds the time for that class, then the item becomes public domain. These times are cumulative to keep a company from thwarting it by offering items for 1 day every few years or so. Such categories might be 20 years for books and other printed material, 10 years for audio and video, and 3 years for computer programs. The idea here is to get abandoned stuff into public domain before it totally loses all value. (This would also have the result that Microsoft would have to keep selling Windows 98 or else 3 years later everyone could copy it for free.) After all, does anyone have any doubt that PKZIP will be totally useless in 2101 except for historical purposes?

      3) If an author sells the copyright on his works, and it subsequently goes out of print, all copyrights revert to said author immediately. This will let said author possibly get some value out of it before the copyright expires due to inactivity.

      There are some details that would have to be ironed out in a system like this (e.g. what's to keep a company from having something 'in print' but only sold at some exorbitant rate), but hell, it's much better than what we have now.
    • but that that harm could be offset by the additional revenue to the government.

      By extension, does this mean that if I fork over some cash to the government I should also be able to get away with murder?

      Sorry, your ideas are interesting, but now you see how difficult any compromise is. IMHO, The founders had it right. 14 years and 14 more on extension. Also, for copyright to hold, it must be registered. This or something less is all the protection that should be afforded to the exclusive right of copy.
  • by w3woody ( 44457 ) on Friday November 22, 2002 @03:20PM (#4734454) Homepage
    If Disney wants to hang onto "Steamboat Willy" for perpetuity, I say let them. However, they shouldn't recreate copyright law so that the 99% of works which should be allowed to pass into the public domain are kept locked up, dispite not even being able to trace down the copyright holders.

    I think we should change copyright law so that all copyrights last for 14 years, with an option by the copyright holder to extend that copyright for an additional 14 years, for a maximum of some really long period of time (say, 280 years or something silly). That way, if an entity is still around who cares about it's copyrights (such as the Disney Corporation), they can simply get an extension to their copyrights for as long as they like, without fscking up the natural expiration of copyrights on the 99% of stuff whose owners are no longer around.

    That's the odd thing about the current copyright regime, by the way: it seems to me that a copyright can survive its author, and without an established estate who can oversee the copyright, the use of such copyrighted works without anyone who actually controls those copyrights is impossible. That is, instead of doing what our founding fathers wanted--to allow these works to pass into the public domain for the larger good--these works, being impossible to legally copy, will pass into oblivion.

    That's why I believe someone alive and active needs to step up and file for a copyright extension ever 14 years. (And, in the case where someone screws up the filing, give them an automatic 1 year buffer or something to get the paperwork straight, so something doesn't slip into public domain because a request gets lost in the mail.)
    • The problem with that is that anybody can form their own company, and have that company survive their death. They just have to give their relatives the responsibility of retaining the copyright, something they would certainly have an interest in doing if that copyright returned anything more than the filing fee in income.
    • What? You just let the fox not only guard the henhouse, but give guided tours to his buddies.

      This is exactly the point: copyrights should have (and, IMO, were intended to have) a limited lifespan, period. Sure, Congress is giving a 'limited time' extension to these copyrights, but they do it every time Disney whines and pays them. SCOTUS would never go so far as to accuse Congress of unethical behavior without a smoking gun and several spent shells, but they might be reading between the lines (condemnation of bad policy?).

      Your comment about not being able to use material when no one is around to control the copyright? If it's not enforced, and no one claims ownership, it dissolves. IANAL, so check your facts, but I'm pretty sure it's not like a bank vault where the key is tossed in the gutter and forgotten. The works would be absorbed into the public domain. If anyone noticed/cared enough that could claim ownership, they'd pop up.

      You get X years on your copyright, period. After that, get a new idea. No extensions, no in perpetuam BS, nada. What you've proposed is no different than what Congress appears to be enacting. The idea of giving an organization like Disney the chance to extend copyright indefinitely...who's side are you on?
    • The problem with this scenario was mentioned in the article. The owners of copyrights have the ability to transfer them to a corporation. In the case of many of these works, music and movies especially. The corporations own the copyright. This percentage comprises far more than 1% of all creative works. Additionally, most authors who make good livings are currently passing their copyrights down through their estates. The intention behind copyright was not for Hemignway's great great grandchildren to be living off his royalties, but for that work to be available for free once he died. Or if he died unexpectedly for his family to be taken care of.
    • by Frater 219 ( 1455 ) on Friday November 22, 2002 @03:50PM (#4734667) Journal
      I think we should change copyright law so that all copyrights last for 14 years

      I'd like to suggest "chessboard copyright", as follows: The term of an unregistered copyright shall be five years. Thereinafter, the copyright must be registered. The registration fee shall be one dollar for the sixth year; two dollars for the seventh year; and so forth -- for each subsequent year, the fee doubles.

      The rationale here is that the cost of copyright to society is not merely linear with each year -- rather, it increases exponentially, since it cuts off the creation of whole genealogies of derivative works. Imagine if derivative works of the first Linux distribution were forbidden -- we would not simply have been deprived of the second Linux distribution, but of all the diverse branches of that family tree.

      Chessboard copyright permits the holding-out of copyright over works which are exceptionally profitable -- such as Mickey Mouse -- for around twenty-five years. (The registration fee for the twenty-fifth year is $2^19 = about half a million dollars, still quite safe for a media mogul's profit margins.) However, soon after that it becomes untenable and shortly exceeds the size of the world economy. This is, of course, intentional.

      Tweaks to this system might include adjusting the duration of unregistered copyright, the base fee, the exponent coefficient, and whether or not these values are the same for all classes of works (e.g. books vs. software vs. audio). If unregistered copyright lasted ten years, and the base fee was a penny, then a forty year copyright would cost just over 5.3 million dollars in the fortieth year.

      That might be about right.

      Clarification: This is a thought experiment, intended to balance between highly profitable companies' desire to hold copyright and the public's demand for innovative derivative works. I consider copyright itself much more problematic than this "proposal" suggests.

  • by Henry V .009 ( 518000 ) on Friday November 22, 2002 @03:20PM (#4734457) Journal
    The Weekly Standard has also had a number of editorials on copyright--a writer has even come out in favor of mp3 sharing! This issue is finally coming up on the radar. I was pleasantly surprised when I came across the NR article this morning. I think some political thinkers are slowly starting to realize that this is a very important issue to a number of young adult professionals, and deserves a lot more attention than it is currently getting.
  • Isn't that Joe Bob Briggs' real name?
  • Free Speech issue (Score:3, Insightful)

    by redfiche ( 621966 ) on Friday November 22, 2002 @03:23PM (#4734477) Journal
    Congress apparently looked at the whole controversy as a property-rights issue. It's not. It's a free-speech issue.

    There seems to be some disagreement over what forms of IP are speech, and what is more properly described as property. I think the framers of the constitution intended for book, songs, images to be a form of speech, and intended to grant their authors exclusive rights for a limited time, up to 28 years. I think they knew what they were doing.

    • Intellectual Property is a term invented by those who wish to create a default assumption that things protected by copyrights are in fact property. It isn't. It's a completely different thing.
  • The fact is indeed that the music industry, and the scientific publishing houses are trying to rob original artists and authors from their copy right, by tricking them into contracts that grant the publisher or music label a kind of exclusivity.

    Even in scientific publishing, authors face more and more contracts that forbid them to make other uses of their work, e.g., publishing a copy of their printed article on their own website.

    Since authors have a copy RIGHT, they should be wary of signing contracts that amount to the contrary.

    In this sense, the interests of the public and the original creator regarding copyright are the same. It's the "man in the middle" that we should target.

  • A Limited Monopoly (Score:5, Interesting)

    by TheViewFromTheGround ( 607422 ) on Friday November 22, 2002 @03:26PM (#4734502) Homepage

    In The Future of Ideas, Lawrence Lessig formulates it a little differently than this article. I found the book too preachy and a little thin, but the formulation is precise, thoughtful, and gets at a tension inherent here.

    The formulation is that copyright is a time limited monopoly granted to the creator of the work to use the work for economic gain if they choose to. He argues that there is a balance to be struck between private ownership and the "commons." The monopoly is in some sense necessary to get people to create things, or at least protect them if they want to create things and reap direct economic benefit from what they've created by charging for certain types of use of that material. The limitation is necessary to let everyone benefit from the creations of others by creating derivative works, distributing copies for cheap to one's friends, etc.

    One important point that the article completely misses is that there are some places where the full blown copy right, whatever its term or conditions, should not apply. This includes public libraries and use of copyrighted source material in academic work, reviewing, etc. It is especially in these domains that free speech and copyright bump up against each other most violently. Eldred is about challenging the terms and conditions of copyright law, so it isn't really so much a free speech question as it is a question about what the appropriate bounds of the limited monopoly are.

    But another question, and an important one, is which right takes precendence and when? When does the right to copy and restrict copying for a certain amount of time get trumped by the right to speak freely?

    Of course, as the article points out, the limited monopoly has become and is becoming even more of an unlimited monopoly that powerful interests control. What's worse is that this monopoly is being used to damage our ability to carry out public discourse.

    Fight the national One Strike law for public housing residents [viewfromtheground.com]

  • by baldass_newbie ( 136609 ) on Friday November 22, 2002 @03:27PM (#4734517) Homepage Journal
    Slashdot posting from a Conservative site?
    Hell must have frozen over...
  • DMCA? (Score:3, Interesting)

    by Ehsan ( 606618 ) on Friday November 22, 2002 @03:36PM (#4734572)
    I think this is a good article, and ending the progression in 1998 was a typical conclusions since no major events occured after that. But why end it with the Bono Act [loc.gov] when you have the DMCA [loc.gov] right after it! What could be worse than your right being abused (as the author explains) than having no rights at all via DMCA. This just shows you how ignorat the majority of people are when it comes to this issue. Except for online geeks, this isn't an issue for people who would read that article and feel sorry for authors who died 80 years ago because their work is not released.
    • Re:DMCA? (Score:4, Insightful)

      by debest ( 471937 ) on Friday November 22, 2002 @04:07PM (#4734810)
      Because his point was not about issues of fair use and enforcement while a work is within the copyright protected duration (the purpose of the DMCA, for digial content only). The point of the article was about how no works are returning to the public domain, the unprotected status, as was intended by the Constitution.

      I'm sure he's not crazy about the DMCA either, but the Bono Act and the DMCA are two entirely different issues within the copyright debate. To have brought the DMCA into his article would only have confused his points.
  • Great Read (Score:4, Insightful)

    by Cygnusx12 ( 524532 ) on Friday November 22, 2002 @03:43PM (#4734625)
    From the articule..

    The Constitution is quite clear on the matter. It says copyrights are to be granted for "limited times." I don't know any definition of "limited" that would mean 75 years plus a 20-year extension plus the chance of getting another extension later. The whole issue was argued three centuries ago, and it was established as a principle of democracy that, when the author is dead, his work becomes the property of all.

    Someone should send a copy of the constitution to our congressmen and senators. It's amazing that things like the Bono extension actually passed.

    Anyone else starting to get that feeling that their vote, (and their right for that matter), is a waste when it comes to matters of the fed?

    It reminds me of the way my Dad used to change the rules of cribbage to benefit his score counting. It didn't matter that the ruleback said he couldn't ( or shouldn't).

    • Re:Great Read (Score:3, Insightful)

      by debest ( 471937 )
      Unfortunately, the Act passed (and I believe will be upheld by the Supreme Court) because "limited times" is too ambiguous. Yes, even the elected officials would admit to themselves that the framers of the Constitution would never have accepted today's duration as "limited", especially given how the value of today's knowledge degrades so much quicker than it used to. But they'll never voice this. They will say that the dictionary definition of "limited" can be any number less than "infinity", and they'd be right!
    • You Forget (Score:4, Insightful)

      by veddermatic ( 143964 ) on Friday November 22, 2002 @04:50PM (#4735214) Homepage
      The ammount of adherance to the Constitution is inversely proportionate to the ammount of cash donated by PACs.

      Unfortunately, they have a lot more money than we have Constitution.

  • by Anonymous Coward on Friday November 22, 2002 @03:48PM (#4734656)
    If you're interested in a very good description of where and when the idea of copy( )right went wrong, I highly recommend this book. [64.227.161.197] It was written by a professor at NYU, but he's not a law professor - so the book isn't written in legalese.
  • by Centinel ( 594459 ) on Friday November 22, 2002 @03:49PM (#4734660) Homepage
    How fitting that this story was submitted by a poster named "neocon."

    National Review is an embarrasment to conservatism and Constitutionally-limited government. It's gone downhill ever since WFB fired Joe Sobran [sobran.com], the best columnist in America, as senior editor.

    Now it's just an Israel-First rah-rah rag for GOP hacks with that intellectual paperweight Jonah Goldberg at the helm.

    If you want real conservatism (and libertarianism, for that matter) check out

    The American Conservative [amconmag.com]

    OR

    Chronicles [chroniclesmagazine.org]

    OR

    The New American [thenewamerican.com]

  • by PinkStainlessTail ( 469560 ) on Friday November 22, 2002 @03:57PM (#4734719) Homepage
    Whoever turned "copy right" into one word had to be a lawyer. We don't say "freespeechright" or "gunright" or "assemblyright" or "religionright."

    As a result, 99 percent of the public thinks that a copyright is some kind of formal legal document. They think you have to go get it, or protect it, or defend it, or preserve it, or buy it, or hire a lawyer to make sure you have it.


    Fantastic point. From now on let's refer to "copyright" as "copy right". It's an informative and accurate meme that need to be spread. Who's with me?
  • by Remik ( 412425 ) on Friday November 22, 2002 @04:01PM (#4734756)
    I've been suggesting anyone who wants a real understanding of the issues of this case to turn to eldred.cc and lessig.org because until I read this article I'd yet to see a member of the mainstream press comprehend the actual argument for reversal.

    Disney's trademark of the character Mickey Mouse will never expire, but the copyrights to creative works in which he is depicted most certainly should. The framers of the Constitution understood creative works to be both an input and output of the creative process, and that copyrights should only be granted for the purpose of contributing to the progress of the arts and sciences. Why should no one be allowed to do to Disney what they continue to do to authors such as Robert Lewis Stevenson (Treasure Planet?!)? This case is not about the length of time, as many misrepresent it. The petitioners agree that Congress has the right to set any length of time for copyright (save infinity), but the question is whether they can retroactively apply extensions (Walt isn't going to create more cartoons cause his copyrights suddenly got a few more years tacked on, so how does such legislation fit the purpose of promotion, which the clause explicitly outlines?), and whether that sort of legislation should be subject to appropriate intermediate first amendment analysis (which the lower courts refused to even consider).

    -R
  • by Asprin ( 545477 ) <gsarnoldNO@SPAMyahoo.com> on Friday November 22, 2002 @04:04PM (#4734783) Homepage Journal

    For those of you who don't know who John Bloom is, check it out. [joebobbriggs.com]

    You've also seen him in the movies. [imdb.com]

    No blood, no breasts, one beast (Disney). Copyright-fu, literature-fu, argument-fu. Four stars. Joe-bob sez 'check it out.'

  • by unger ( 42254 ) on Friday November 22, 2002 @04:20PM (#4734947)
    From the "Project Gutenberg Weekly Newsletter - A Byte About Eldred v Ashcroft"

    If the New York Times' estimates of 7 years for information doubling may be considered at all correct, then this is what will happen [to information in the Public Domain] in a United States under the new copyright law, EVEN IF we considered 100 percent of current information now be entered into the Public Domain as an incentive to let this law stand:

    [i (unger) modified the lines in the following chart to make them shorter. each line originally said "x years x/x of today's information in the Public Domain x%".]

    0 years 1/1 .....info in Public Domain 100% !!!
    7 years 1/2 .....info in Public Domain 50%
    14 years 1/4 ....info in Public Domain 25%
    21 years 1/8 ....info in Public Domain 12.5%
    28 years 1/16 ...info in Public Domain 6.25%
    35 years 1/32 ...info in Public Domain 3.125%
    42 years 1/64 ...info in Public Domain 1.5625%
    49 years 1/128 ..info in Public Domain 0.78125%
    56 years 1/256 ..info in Public Domain 0.390625%
    63 years 1/512 ..info in Public Domain 0.1953125%
    70 years 1/1024 .info in Public Domain 0.09765625%
    77 years 1/2048 .info in Public Domain 0.048828125%
    84 years 1/4096 .info in Public Domain 0.0244140625%
    91 years 1/8192 .info in Public Domain 0.01220703125%
    98 years 1/16384 info in Public Domain 0.006103515625%

    Plus a small fraction if any of this year's copyrights are allowed to
    expire.

    Obviously the goal is to have virtually no public domain left at all. . . .

    Of course, there are people who will try to make this very NOT obvious!

    Michael S. Hart
    [email address snipped]
    Project Gutenberg
    Principal Instigator
    "*Internet User ~#100*"
  • by Animats ( 122034 ) on Friday November 22, 2002 @04:39PM (#4735140) Homepage
    As the author points out, "God Bless America" is still in copyright. Licensing is administered through ASCAP and the Irving Berlin Music Company, a unit of the Rogers and Hammerstein Organization. The song is owned by the God Bless America Fund [ascap.com], which donates its royalties to the Boy Scouts and Girl Scouts of America. Revenue to date is about $6 million.

    Revenue is up since September 11, 2001. See Through the Night With a Light from a Buck [discussing...rences.com] for details.

  • by ellisDtrails ( 583304 ) on Friday November 22, 2002 @04:47PM (#4735197) Homepage
    This was a great article, especially since it comes from a "right wing" publication and perhaps will be taken seriously by some conservatives politicians that will soon control the government.

    The author makes some good points that I think are often overlooked and always obsfucated by the entertainment industry. Most notably, the assertion that copyrights do not equal property rights is founded not only by parsing the language of the Constitution or common law. By looking at the foundation of property rights in the philosophical roots of modern democracy we can see that copy rights have been miscontrued and manipulated -- Emperor Rosen has no clothes.

    John Locke, who had profound influence on the Framers and on modern political thought, first asserted that property rights were derived from the "State of Nature" in that we first own ourselves, and second, improve what we take from nature and transform it into our property. However, the very methods of creation were never sacrosanct. In the state of nature, Locke would have to imagine that others would see the very methods that others used to "improve" and collect their property. Surely there were composers and writers during his time, Locke himself published under the auspices of proto-modern publishing industry, but he makes no mention of "intellectual property" and certainly not copy right as such. I read about the Lessig theory in a previous post, and the idea that copyright is/should be only the granting a monopoly on the means of creation for a specified and limited amount of time goes along well with this. Both Locke and Lessig agree that there is no absolute conversion of ideas into property, and the more people write about this discourse the more society and hopefully politicians will recognize the great harm infinite copyright does to our polity and our society.
  • by Royster ( 16042 ) on Friday November 22, 2002 @05:24PM (#4735518) Homepage
    The Declaration of Independance speaks of "inalienable rights" -- rights which you can not surrender. The Constitution codifies some of these Rights in the Bill of Rights -- the first 10 Amendments to the Constitution. Amendment 10 specifies that the previous nine are not an exclusive list of rights -- there exist rights retained by the people which are not enumerated there. The Supreme Court relied on the 10th Amendment in Griswold which ruled that there existed a right to privacy as it struck down laws outlawing contraception.

    In addition there are Statutory Rights -- rights which you get by virtue of statute. You can go to court to have these rights enforced, though Congress is free to amend the terms of the rights. The right to receive a Social Security pension if you meet the qualifications is a statutory right. If an official tries to deny you your benefits, you can go to court to force them to be paid, though Congress can and does set the amounts payable. Copyright is another statutory right -- it exists by virtue of a statute.

    Property rights are rights which behave like tangible property. You can sell, lease, transfer and assign these rights. You can leave them to your heirs. They are alienable (in contrast to the inalienable rights in the beginning of this reply) becuase you can transfer them to another.

    Copyright is property-like in this sense -- you can sell your copyright for cash, use it as collateral for a loan and leave it to your heirs (if it hasn't expired). As such, it's appropriate to describe Copyright as a property right.
  • by stubear ( 130454 ) on Friday November 22, 2002 @06:11PM (#4735818)
    ...I lost all respect for this author's argument here, "There was no argument ever made for a third- or fourth-generation royalty, much less a perpetual assignment of royalties to a corporation that never dies."

    US Copyright law limits the duration for corporations to 96 years from date of creation. Had Mr. Bloom done a little bit of research he would have discovered this tidbit of info.
  • Middle-school (Score:3, Interesting)

    by DarkVein ( 5418 ) on Friday November 22, 2002 @09:56PM (#4736932) Journal

    I think everyone is taking this from the wrong angle. I don't know about most people, but I suspect they were brought up in the same public school atmospheres that I was. Every five years or so, Disney would release another one of their (excellently produced) animated classics, after leaving it on the production shelf and driving up demand. Disney made it, this was their right, and this kept these classics fresh. Good plan. You've got to admire the strategy, especially in the air of public school's cirriculum.

    I wasn't even aware of IP until after I got out of school, when I started wondering about restrictions, and exactly what ©, ® and (TM) meant--why were they different? What would I apply to my own works?

    We're taught the same course in arithmatic every year for the first seven years. We don't even touch IP, despite it's extremely prominent centerpiece in the American economy. This should change. IP should be covered as philosophical, political, and economic issues. Legislators should stop by mid- and high-schools for Q&A, so the students can see just who is full of shit. ("Mom, Senator Hollings stopped by for Q&A today, he was an asshole, called us thieves, and gave us candy.")

    The political landscape is in the mind. Most of us are blind to it until we learn the mental gears neccisary. As it is, nobody is taught these things unless they find the urge to seek it out personally.

    I think a great de-inhibitor would be a high-quality non-obtuse public domain text book.

  • by istartedi ( 132515 ) on Friday November 22, 2002 @10:19PM (#4736995) Journal

    Yet another /. discussion on IP, yet another passionate rehash of IP as property vs. those who puke up a lung every time you suggest that it's "property".

    It doesn't matter.

    That's right. Let that sink in for a while. Let it fester. Let the rage build. Get it out. Scream. Hit your monitor. Done? No? Go ahead. Get it all out, I'll still be here. OK. Let's move on.

    The real debate here is in deciding how much IP and its creators should be taxed. That's it. Whether there is a "social contract" or a "property right" is irrelevant. On one extreme are those who believe all IP should go immediately into the PD (Stallman, etc.). That's a 100% tax to the creator. On the other extreme are Disney lawyers who want to keep extending their ownership (zero tax). The answer is somewhere in the middle.

    The founders knew the answer was in the middle. That's why they wrote things the way they did. Arguing about whether it's property or "property" is like arguing about the number of angels on the head of a pin (15,234 by the way).

Whoever dies with the most toys wins.

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