Comments on The Patry Copyright Blog: The EU Railroads Term Extension

Wouter,I'm not saying that I think longer copyrigh...

2008-07-28T13:43:00.000-04:00

Wouter,
I'm not saying that I think longer copyright terms will make creators more productive, though I think it would be a legitimate position to take. I'm just saying that proactive and retroactive term extensions are like apples and oranges, and should be treated as such for the purposes of policy discussion. I'd make the same argument if we were talking about term REDUCTION: taking (future) rights away from people is different than not giving them the rights in the first place.

Chris,Do you really think that creators will be mo...

2008-07-28T03:36:00.000-04:00

Chris,

Do you really think that creators will be more productive because they potentially could earn more in 50 years? Judging by the contracts many musicians sign, they can't think more than 1 year in advance, let alone 50. On the other hand, artists that sample or reuse old material in other ways simply cannot create the works they want to make. Although it seems that more and more artists themselves ignore copyright and release 'illegal' music for free. That is the only bright spot here, many artists aren't happy with the current copyright laws themselves. Perhaps change will come from them.

It is important to make the distinction between pr...

2008-07-23T09:27:00.000-04:00

It is important to make the distinction between proactive term extension, which affects works that have not yet been created, and retroactive term extension. The former is at least arguably a good idea, since it increases the incentive to create (though I would suggest that copyright terms are too long as it is, and we should be proactively shortening the copyright term). The latter is invariably a bad idea, since all it does is hand over new rights without any consideration.

Excellent letter. I looked at this in depth in my ...

2008-07-23T07:20:00.000-04:00

Excellent letter. I looked at this in depth in my undergraduate dissertation. I've put it up if anyone wants to have a read:

Permission Culture: Copyright Term Extension, Creativity and Networked Technology

Or just read my conclusion:

The reasons given by the European Commission in their proposal are arguably unsubstantiated, and the case advanced by certain music industry organisations for extending terms would appear to defy a tide of opposition.

Extending the duration of copyright on sound recordings gives undue preference to the economic considerations of a select few, and neglects the socio-legal implications of a restrictive copyright regime. It is unwise for the European Commission to go against the evidence and extend the term on sound recordings and performers’ rights.

In a wider sense, there is a risk that as property rights strengthen, culture will become ‘locked-down’. The creative process is increasingly reliant on permission from existing rights holders, and the freedom to ‘remix’ the past is fading away. The potential that networked technology offers to foster the creation and dissemination of culture is largely dependent on an accommodating copyright regime.

Nonetheless, the ‘sharing ethic’ cultivated by users of the Internet offers a solution of sorts, in the form of a cultural commons built on licensing. Licensing schemes confront the issues presented by a diminishing public domain and permission culture, creating a more practical means by which content creators can contribute to, and benefit from, the commons. They provide practical clothing to the much needed concept of a ‘cultural environment’.

However, the voluntary nature of these communities and the increasingly commercial nature of the Internet, ensures that success is limited. Unless there is a sea-change in the approach taken by the EC and creative industries, which seems unlikely based on recent proposals, the issues facing modern content-creators will remain. It is therefore be worth considering a compulsory licensing system for all creative works if rights continue to strengthen.

It's a bit of a responsibility of academics too pu...

2008-07-23T04:30:00.000-04:00

It's a bit of a responsibility of academics too publicly stand up against such practices, because often nobody cares until it is too late. I'm glad so many people have been willing to associate their name with this letter and I hope this public debate will put to shame those politicians who seem to be more concerned about the entertainment industry than anything else.

@EricSo do I. But I also remember how some of disc...

2008-07-23T04:04:00.000-04:00

@Eric
So do I. But I also remember how some of discussions within EU bodies looked like (OGG file).
I am also aware how can one and only democratic body of all European Union's institutions be ignored by the another (which is more easily to be lobbied of course) - see: EU Council Plans to Scrap Parliamentary Vote without Discussion.
Well, we will see... actually we will be carefully watching. ;)

The first generation to be alienated will be the b...

2008-07-23T01:33:00.000-04:00

The first generation to be alienated will be the baby boomers. It is my generation who held hopes that massive amounts of copyright recordings would enter the public domain within out life times. Should this not happen, we will have little hope any kind of new material in the pubic domain in our lifetimes.

A generation somewhat younger than mine has already made it clear they do not believe that copyright material is the equivalent of physical property. They laugh at the idea that copying a file is like stealing a recording from a music store. How do law makers hope to keep themselves credible?

Laws are only as successful as theh public's belief in the rightness or justice is. Obviously not many believe in our current copyright regime.

Cheers
DF

Well put. I hope the EU will listen.

2008-07-22T11:17:00.000-04:00

Well put. I hope the EU will listen.