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Government Patents United States

Congress Is Looking To Extend Copyright Protection Term To 144 Years (wired.com) 293

"Because it apparently isn't bad enough already, Congress is looking to extend the copyright term to 144 years," writes Slashdot reader llamalad. "Please write to your representatives and consider donating to the EFF." American attorney Lawrence Lessig writes via Wired: Almost exactly 20 years ago, Congress passed the Sonny Bono Copyright Term Extension Act, which extended the term of existing copyrights by 20 years. The Act was the 11th extension in the prior 40 years, timed perfectly to assure that certain famous works, including Mickey Mouse, would not pass into the public domain. Immediately after the law came into force, a digital publisher of public domain works, Eric Eldred, filed a lawsuit challenging the act [which the Supreme Court later rejected].

Twenty years later, the fight for term extension has begun anew. Buried in an otherwise harmless act, passed by the House and now being considered in the Senate, this new bill purports to create a new digital performance right -- basically the right to control copies of recordings on any digital platform (ever hear of the internet?) -- for musical recordings made before 1972. These recordings would now have a new right, protected until 2067, which, for some, means a total term of protection of 144 years. The beneficiaries of this monopoly need do nothing to get the benefit of this gift. They don't have to make the work available. Nor do they have to register their claims in advance.

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Congress Is Looking To Extend Copyright Protection Term To 144 Years

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  • Public Domain (Score:5, Insightful)

    by darkain ( 749283 ) on Friday May 18, 2018 @08:14PM (#56636496) Homepage

    In other words, "Public Domain" doesn't exist anymore.

    • Re:Public Domain (Score:5, Insightful)

      by olsmeister ( 1488789 ) on Friday May 18, 2018 @08:15PM (#56636498)
      Sure it does. It just means that everything thing that is currently in the public domain is all that will ever be in the public domain.
      • Re:Public Domain (Score:4, Insightful)

        by cascadingstylesheet ( 140919 ) on Friday May 18, 2018 @08:43PM (#56636638) Journal

        Sure it does. It just means that everything thing that is currently in the public domain is all that will ever be in the public domain.

        Might have a perversely positive effect. I already am reading lots of great old stuff since I won't pay for modern dreck.

        • by Anonymous Coward

          Marvel is a Disney subsidiary, Disney being the primary force behind this copyright shit. Boycott Disney and Marvel. Yeah yeah I know it hurts, Deadpool 2 is out now - but Consider that your great great great grandchildren will still have to pay to see that same damn movie.

      • Re:Public Domain (Score:5, Interesting)

        by Anonymous Coward on Friday May 18, 2018 @08:49PM (#56636660)

        Sure it does. It just means that everything thing that is currently in the public domain is all that will ever be in the public domain.

        Agreed. Anyone who votes for this ever in his lifetime is not qualified to be a servant of the people. No further test is required.

        Put simply if a child can be born, live a long life, and die before something goes in public domain then you have effectively eliminated public domain. Combine that with DRM and such which makes even backing up video challenging, and most things will simply cease to exist, if some major company isn't maintaining the originals.

        Of course for content companies they _want_ old work to cease to exist, since it makes it easier to charge for something similar to be made again.

        If the want copyrights forever then they need at least to pay a princely sum for them. First ten years could be standard. Then every year for the next 10 a million bucks. After that double it to 20 million, then 40 million, then 80 million at 10 year intervals, paying every year. Eventually they won't be able to afford the payment and it goes public domain. That would stop some of this crap, and provide for some nice tax revenue.

        Also, make sure they deposit unencumbered versions in original quality with the library of congress or similar.

        • Re: Public Domain (Score:5, Insightful)

          by bill_mcgonigle ( 4333 ) * on Friday May 18, 2018 @08:54PM (#56636680) Homepage Journal

          You say things like that as if Congressman aren't bought-and-paid-for, with legislation going to the highest bidder. Talk about living in a Land of Make Believe.

        • Re:Public Domain (Score:5, Interesting)

          by LostMyBeaver ( 1226054 ) on Saturday May 19, 2018 @02:00AM (#56637548)
          Let's assume you were a congressperson. How exactly would you get into this position?

          Let's assume you start as a servant of the people. You became so pissed off that you wanted to stand up for yourself and those around you. So you're going to become a politician and make America great again. You know that to do this, you would need to be in a position of power. Being in the state senate or a mayor isn't going to change anything you seem to care about. You need a seat in the house, the senate, the presidency or to become a supreme court justice.

          I think the supreme court is out because it's reserved for lawyers.

          I think the presidency is out because it's reserved for reality TV show people.

          You're down to rising through the ranks to the house or the senate.

          Before you start, you should sit and read a few books you thoroughly ignored in primary and secondary school. You should learn how the government is designed and how it is built. You should choose the house or the senate and then you should study what your job responsibilities should be as well as study strategies that could be used to make a difference while in the office. You should also consider taking a few night courses on law to better understand how the laws passed by the government are used and enforced from a practical perspective.

          You should choose most importantly whether you want to be a person who presents new laws, someone who simply exercises a vote, or someone who will attempt to influence the votes of others in favor or against proposals from others.

          As someone presenting new laws, you need to amass huge amounts of political capitol in a very expensive power struggle. You'll need sponsors to help you. Of course you can't take gifts or payments, even harmless ones like guns from the NRA. Instead, you would need to ask some political powerhouse to make A LOT of noise for you. To pay for this, you'll have to agree to do something for them.

          As someone exercising a vote, you will be paid with political capitol. Your "peers" will be calling you and vetting you and trying to get that vote they need from you. Of course, you don't want anything from them and therefore you'll gain no capitol. You'll just vote in a way that will help with this one issue. Of course, you don't give a shit whether the salt flats of Utah should be swept and you can't be bothered to research whether it's even a good idea. In fact, because you're now in D.C. you have extremely limited access to resources or freedoms you could have used earlier to research it. You have a black tie dinner you absolutely have to attend because some other law you do actually care about is trying to build enough political capitol to be passed and if you don't stand with the group you support on this, it won't have any hope of passing.

          As someone hoping to be a power broker and influence votes, you'll spend most every second on the hill getting support from companies, your peers, etc... you'll need to throw parties which cost money. You'll need to get those sponsored through channels which aren't considered conflicts of interest. You'll need to get in front of cameras and you'll need the right clothing, etc...

          Ok, so now that you're learning the ropes and you have a plan of where you want to be to represent the people best, you'll have to figure out how to get there.

          You learn that pretty much anyone can run for office. In fact, you don't even have to run to get into office, the people just have to vote for you. So that's easy enough... you just need to get the people to vote for you... and remember it's critical you don't sell your soul to get there. You want to get to Washington with no major political capitol owed.

          So... what are your options.

          1) Latch onto a power broker who will back you as opposed to their normal horse. If you use this guy, you're nothing more than his puppet and you'll have already failed.

          2) Join a political party and gain their backing and support for running. Remember they'll generall
          • Thanks for the explantation of how politics works in the USA. For a Brit it's very useful! Money really is everything in the USA. I think your Constitution needs a rewrite. (Not that we don't have our own problems!)
            • Yeah, people who think money is everything in politics are always the ones confused when people like Trump get elected over the much better funded Clinton campaign. An order of magnitude more money might flip an election, but otherwise it's more to do with regional economics and wedge issues, and traditional values like good looks and charisma.

        • Comment removed based on user account deletion
  • Ick (Score:5, Funny)

    by mentil ( 1748130 ) on Friday May 18, 2018 @08:17PM (#56636508)

    144 years?! That's Gross!

  • This is getting ridiculous, especially given that Disney does not produce any new movie featuring Mickey mouse. They should just remove public domain, that way they would not need to add insult to the injury every 20 years.

    Just one question: what happens once the works are not protected anymore in other countries? Will Indian and Chinese company produce legal US knock-off for worldwide consumption except in US?

    • Re:Ridiculous (Score:5, Informative)

      by Kjella ( 173770 ) on Friday May 18, 2018 @08:43PM (#56636640) Homepage

      This is getting ridiculous, especially given that Disney does not produce any new movie featuring Mickey mouse. They should just remove public domain, that way they would not need to add insult to the injury every 20 years.

      Well back in 1998 at the last Mickey Mouse protection act, when they were told they couldn't get perpetual copyright due to the constitution saying "limited times" Jack Valenti famously suggested forever less one day.

      Just one question: what happens once the works are not protected anymore in other countries? Will Indian and Chinese company produce legal US knock-off for worldwide consumption except in US?

      Possibly, but the tactic has always been to extend the rights in one territory then "harmonize" them through trade agreements.

      • by rtb61 ( 674572 )

        Obviously other countries are looking a reviewing copyright terms and reducing them, hence the US corporate counter move of doubling them but of course they actually want to make it permanent, you know like the scientology contracts, a billion years.

        What happens when the rest of the world goes their own way, US import revenues dry up anyhow. They will of course threaten economic conflict but those doing the importing can only really threaten war. Economic war, does not work for the economic parasite becaus

        • Re:Ridiculous (Score:5, Insightful)

          by currently_awake ( 1248758 ) on Friday May 18, 2018 @09:38PM (#56636832)
          The solution is Property Tax. They want their Intellectual Property to be treated just like real estate, I suggest we oblige them. And the property tax should be payable in every country where the copyright is protected, with the revenue used to pay for copyright enforcement.
          • Mod parent up, that's a great way to self-regulate the supposed value of the copyright.
    • by mark-t ( 151149 )

      They are public domain.

      Old Mickey Mouse cartoons are already public domain in Canada, for example.

      But the character is still trademarked by Disney, so there are still limits on what you can do.

      One can, however, copy such old works freely here... and give them away or even charge for them. Derivative works are also allowed, but the characters and depictions would have to be changed because of trademark protection.

      • by dgatwood ( 11270 ) on Friday May 18, 2018 @08:57PM (#56636686) Homepage Journal

        One can, however, copy such old works freely here... and give them away or even charge for them. Derivative works are also allowed, but the characters and depictions would have to be changed because of trademark protection.

        I think if it turns out Disney is pushing for this, the only appropriate response is mass rebellion, in the form of creating DeepFake porn starring Mickey and Minnie Mouse. Agree to stop only if and when they agree to stop being copyright thugs.

        Bonus points if you synchronize the moans to the tune of "Ooh, Mickey, you're so fine".

        • DeepFake porn starring Mickey and Minnie Mouse.

          Throw Pluto in the mix for some cuck porn, but pay him $130,000 to sign an NDA. That seems to be the going rate.

        • by Whibla ( 210729 )

          It's kind of already been done, and Disney were not happy [uga.edu].

          There is a shorter account of the incident under the heading The Air Pirates [wikipedia.org].

          Of course technology moves on, so it's probably time for an animated version rather than a couple of comic books but I'm not sure who'd be 'brave' enough to host it...

      • Here's an interesting Mickey Mouse: https://www.tradera.com/item/3... [tradera.com]

    • Mickey nothing. (Score:4, Informative)

      by tepples ( 727027 ) <tepplesNO@SPAMgmail.com> on Friday May 18, 2018 @10:30PM (#56636986) Homepage Journal

      S.2393 [congress.gov] is not a term extension at all but an expansion of the scope of existing state law copyright in pre-1972 sound recordings, whose expiry had already been set at 2067 by the previous term extension. In particular, "sound recording" under U.S. copyright law does not include the soundtrack of "Steamboat Willie", "Plane Crazy (sound version)", or any other motion picture.

    • by dryeo ( 100693 )

      Every treaty will include copyright harmonization. Right now this is probably happening with NAFTA, the latest secret treaty that is being worked on.
      What you thought stopping the TPP would end there?

  • Life of the Corporate owner of the moment, plus eternity.

    Just my 2 cents ;)
  • by rsilvergun ( 571051 ) on Friday May 18, 2018 @08:33PM (#56636584)
    I was wondering when this was going to happen. They've got a Republican in the Whitehouse who'll sign anything so now's a good time. Not that I think Obama wouldn't have signed this crap, but it still pisses me off. The only politician who _might_ have told them to take a leap is Bernie, and even he might not have bothered. Christ, what a country, what a world.
    • I was wondering when this was going to happen. They've got a Republican in the Whitehouse who'll sign anything so now's a good time. Not that I think Obama wouldn't have signed this crap, but it still pisses me off. The only politician who _might_ have told them to take a leap is Bernie, and even he might not have bothered. Christ, what a country, what a world.

      Both parties have been doing this all along, obviously.

      I'm with the founding fathers on this one (7 years, with one extension to 14), but who cares about old dead white guys, amirite?

    • by HiThere ( 15173 )

      Sorry, but on this issue the Democrats have been worse than the Republicans. Trump might veto it just to piss off Pelosi.

    • I have been on that damn mouse watch as well. Too bad people can't get behind/against this like they did net neutrality. Btw, corporate welfare knows has no specific party affiliation. Though I do think with Hollywood Hillary it would have been automatic that this thing would have been signed.

      • by dryeo ( 100693 )

        Yet it is Trump pushing IP shit in NAFTA, probably harsher patent protections, perhaps including extensions and obviously doing something about Mickey Mouse being public domain in Canada.
        Everyone forgets that Trump and Hillary are good friends when they aren't playing politics. Shit Hillary was a Republican and Trump was a Democrat.

  • will the next generation of smart people have to be creative?
    If their parents and grandparents can pass down payments for the next generations?
    From the need to support the food and rent of a creative person for been productive to non productive generations getting payments 143 years later?
    A book becomes a play. Produced for radio. A book on tape. Then a new movie. A book for the movie with new cover art. A 3d movie. An ebook. A VR game...
    Every generational product alteration adds 144 years?
  • This is actually the end of culture as we know it. I recently tried to track down some 3D modelling software that I used to use. Legal copies are not available for sale. I've checked, ebay, amazon, gumtree and google. There are no copies out there. I've checked on every warez site on the internet. literally no-one is carrying that program anymore. All the torrents are dead. Microsoft bought the company in 2008 and axed the product in 2009 during the GFC, so the original publisher is unable to help. Literal
    • by mentil ( 1748130 )

      This is a great argument for why one should use Free Software. Even if the binary were widely available, it'll eventually cease to work properly on modern OSes, or support modern features (codecs, colorspaces, etc.).

      • by DMJC ( 682799 )
        This is one of the many reasons why I use Free Software. Originally I switched due to working on a game, but then it became permanent because Microsoft Removed Features from the SideWinder Force Feedback Joysticks under Windows XP (Windows 98se had more control options) and a kernel developer helped me fix the same joystick's Linux support.
      • by dryeo ( 100693 )

        Source code can get lost just like binaries can get lost. I've actually had to ask authors to relicense their GPL work as the source was lost and they were fine with it as they didn't have the source either.
        Most people using GPL software do not have the source and it is only the most popular software where lots of people do keep copies of the source.
        Things are getting better with places like Github, but even then if Github went down, lots of software source might be lost.

  • I knew there would be another extension act because steamboat willie will be in public domain between 2020 and 2025 under the current rules.

  • Vote the bums out (Score:5, Insightful)

    by Anonymous Coward on Friday May 18, 2018 @08:46PM (#56636646)

    I will be voting against any of my representatives who support this no matter what. I'm tired of the corruption.

  • by rpresser ( 610529 ) <rpresser&gmail,com> on Friday May 18, 2018 @08:48PM (#56636654)

    Delaware. Land of the corporations. What a fucking surprise.

    And notice he's Democratic. Supposedly the good guys, according to some. Proof that it's all about the money.

    • they're just like Republicans but they (sometimes) support Gay Marriage and abortion rights. But on anything economic they're hard right and in the pocket of the mega-corps, same as the Republicans. There's a wing of the party called "Justice Democrats" that's trying to take the party over from within. They grew out of the Bernie Bros.
    • I assumed it was sponsored by a Democrat, because they didn't blame a Republican or Trump.

    • And notice he's Democratic. Supposedly the good guys, according to some.

      If you subscribe to the puritanical mindset of utter black and white then yes, if the Republicans are the bad guys then the Democrats must be the good guys. I think at the moment, the Republicans are a lot worse but that doesn't make the Dems "good" in some abstract sense.

  • The United States of Mickey Mouse.
  • Just fucking STOP already.

  • by Joe_Dragon ( 2206452 ) on Friday May 18, 2018 @09:58PM (#56636884)

    add an renewal fee or something to fix abandonware / orphan works.

  • ok, so you revoke the social rules and keep changing things in your favor. you show no signs of respect for us, the consumers.

    well, then, its come to the point where we no longer care about you or your 'rules'.

    you started the war, but we can play dirty, too, you know.

  • Comment removed based on user account deletion
  • And they own it forever.

  • Okay (Score:5, Interesting)

    by spiritplumber ( 1944222 ) on Friday May 18, 2018 @11:14PM (#56637120) Homepage
    Show me someone living for 144 years and then we can talk. Otherwise, sorry, no deal.
  • Since the Constitution specifically says "limited", they can't simply say copyright is forever. They'll keep extending it "a little more" each time their bosses, e.g. Disney, has stuff in jeopardy of going public domain.

    If it was up to me, I'd set copyright to life of the original author plus 20 years (and I feel I'm being far too generous). If a work is claimed by a corporation and they refuse to name a person, then the copyright is for 20 years, period. No extensions, no exceptions.

    • Re:Forever -1 day (Score:5, Insightful)

      by NormalVisual ( 565491 ) on Saturday May 19, 2018 @02:33AM (#56637624)

      Even then, it defeats the purpose of copyright. It was designed to allow creators the exclusive right to benefit from their work, but it was for a limited time specifically to encourage them to create more instead of resting on their laurels, with society being the ultimate beneficiary once the copyright term expired. Lifelong (or longer) copyright doesn't offer that encouragement if they can rent-seek for the rest of their lives. I've yet to see a cogent, convincing argument as to why the 14+14 term was not sufficient, and why extended terms shouldn't be considered theft (the kind where something is taken and can't be used by the other party) from society. Also, why are artists, writers, etc. entitled to this ridiculous term, when inventors are getting by just fine on a 20-year patent term?

  • Easy fix (Score:5, Insightful)

    by Solandri ( 704621 ) on Saturday May 19, 2018 @12:57AM (#56637392)
    No retroactive extensions. Copyright for already-existing works stays at whatever the copyright term was when the work was created. Any extension only applies to works newly created after the extension is put into effect.

    The purpose of copyright is "to promote the progress of science and useful arts." You can only promote something which has yet to be created; you cannot promote something which has already been created. So retroactively extending copyright terms serves no Constitutional purpose.

    This eliminates extending copyright duration for personal gain, and limits arguments about whether or not to extend it within the scope of encouraging new works, not profiteering off of existing works.
  • In a word, STUPID
  • I am a pirate. (Score:5, Insightful)

    by SuricouRaven ( 1897204 ) on Saturday May 19, 2018 @01:58AM (#56637544)

    And I feel not one even the tiniest trace of guilt for that.

    As much as we may love the products of the entertainment industry, most of that industry is seriously lacking a sense of social responsibility.

  • This must not happen. We'll all know this is part of the larger "the right to read"scheme that has been going on ever since DRM and software patents. It's one more large brick in that wall.

    Please don't let this happen.

  • I gaurantee you there are very few people in Congress willing to stand up to (thanks to the purchase of Marvel, Lucas and now Fox) the largest producer of filmed entertainment on the planet no matter how much lobbying comes from the other side.

    • Taking something from Futurama:

      The Vegas odds tonight stand at an unprecedented 1000 to 0. A bet of zero dollars on this not passing paying pays 1000 dollars. Still, very few takers.

      Yeah not a very smart bet...

  • The USA was once the beakon of democracy and freedom with a vibrant culture. True it has a rassistic past and present, but it was getting better for a long time. Then fear crawled up the neck of the USA, poor people get poorer, racism surges, healthcare is further away from a system for all than before, the government alienates allies with lies and cannon boat politics. In short it is now the ugly brother of its former glory. And hollow sound the cry for greatness over the land while the country moves away

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