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Music Media Government The Courts News

New IFPI Boss Vows to Extend Recording Copyrights 225

JamesD_UK writes "John Kennedy, President and COO of Universal Music is to succeed Jay Berman as Chairman of the IFPI, the worldwide equivalent to the RIAA. Andrew Orlowski of The Register has written an article covering John Kennedy's views on copyright infringement and the public domain. Although Kennedy's thoughts on the former are predictable, he has vowed to fight hard to extend European recording copyrights past the current fifty year term. An extension of the European term to match the US would be particularly damaging to the public domain and efforts such as the Internet Archive as well as increasing the control that the recording industry holds over performers. For those interested, I run a small blog of articles regarding copyright recordings."
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New IFPI Boss Vows to Extend Recording Copyrights

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  • by garcia ( 6573 ) * on Thursday September 23, 2004 @11:05AM (#10329225)
    The combative former shipping lawyer will succeed Jay Berman as head of the lobby group the IPFI - the international version of the Recording Industry Ass. of America (RIAA) - and he defended both the the lawsuits and file poisoning at the In The City music conference in Manchester this week. (emphasis mine)

    Coincidence on their choice of abbreviations? I think not.

    He'd be more sympathetic to songwriters, he said, the day that record companies had "50 per cent margins". In fact, he claimed that record companies spend more on R&D than technology companies, because of the marketing spend required to create a hit [*]. The implication was clear: the success of an artist was down to the Shock and Awe bombing of the record company's marketing team, which is very expensive.

    I can guarantee you a hit every time. Let me listen to the song. If the song sucks I'll tell you that. Then you can go and pay off every one of your little radio stations owned by ClearChannel and Inifinity (and various other conglomerates) and they can play the sucky song over and over again until people like it. If the song is good the artists should go on tour and make their own money as they have talent and they don't need your pay-offs.

    "For 79p you've got a work of art that's like a Picasso, only one that's as close to the original as you can get," he said. [**]

    To each their own on musical tastes but man, fucking Picasso is painting a gigantic brown-eye all over the inside of his grave after that comment.

    Isn't there something the music purchasers can do to stop this asshole from taking over? Write letters, boycott, something?
  • Limited? (Score:5, Interesting)

    by BillyBlaze ( 746775 ) <tomfelker@gmail.com> on Thursday September 23, 2004 @11:13AM (#10329327)
    If time continues to progress at 1 year per year, and copyrights are extended faster than that, then no copyright will expire in a limited time. Granted, this may not be constitutionally mandated in Europe, but what if they extend it further than it currently is in the US? Then we will have to extend it it to match them.

    If governments won't stop this trend, maybe competition can. If people come up with a licence that expires in, say, 15 years, and a trademark logo ("Sane copyright inside!"), and companies who wouldn't be impacted by this start using it, it might become popular. Then, people who care could exert direct competitive pressure against those who don't go along.

    No, I don't think this will actually happen, but wouldn't it be cool?

  • Limit copyright (Score:5, Interesting)

    by teeth ( 2952 ) on Thursday September 23, 2004 @11:17AM (#10329377) Homepage
    ...to 15 years and real humans.

    Exclusive licences should be limited to 5 years and carry an obligation to publish; if a licencee fails to publish they should lose their rights without compensation.

  • by Large Bogon Collider ( 815523 ) on Thursday September 23, 2004 @11:19AM (#10329394)
    Copyright is a monopoly on use/distribution for a _limited_ time so as to grant the authors/creators some time to recoup their expenses. Afterward, it is meant to go into the public domain so as to benefit all of mankind. Most of our great works of literature and songs are in the public domain, which allows anyone to create derivative works without being unduly hampered by fees and such. If you can't make an adequate return on an investment in 50 years, it is safe to say that it was a flop. A copyright extension does nothing to change that! These greedy pigs ought to be slapped down.

    An interesting sidenote is this: remember when copying a chord (dunno how many notes that was) of song was considered infringement? I wonder what would happen if someone went out and made a pseudosong with every possible combination of a chord. Then they could sue every new song as being "infringing." The whole notion is ridiculous

  • by 16K Ram Pack ( 690082 ) <(moc.liamg) (ta) (dnomla.mit)> on Thursday September 23, 2004 @11:29AM (#10329504) Homepage
    Copyright I think is really a way of granting something we don't really want to grant - that is the right for something not to be copied, the right to protect ideas, and as such, people are granted a temporary license to them. That is, you get to exploit it for a time (quite a long time).

    Copyright was put in place from the point of view that if you don't have copyright, you'll get people just ripping off your work and therefore, people won't create. That's very reasonable.

    But, 50 years is quite long enough for a person, but then this is more about corporations, not people. Copyright was not created in a time of giants of publishing. When copyright first arrived, it was more about individual creative people, for whom a copyright of even 20 years would grant them sufficient income.

    If you record something age 18 and have 50 years, that means it expires when you are 68.

  • by Bloody Templar ( 702441 ) on Thursday September 23, 2004 @11:31AM (#10329525)
    Seriously, that's a real question. There's a really good round-table discussion in this month's Playboy about the music industry and how they're running themselves into the ground with this crap. Most everybody - except for the RIAA dick - seems certain that the record industry's days (as we know it) are numbered.
  • by upsidedown_duck ( 788782 ) on Thursday September 23, 2004 @11:32AM (#10329536)

    A thought just occurred to me: why do corporations take ownership of employee's copyrights instead of taking limited exclusive license? It's the employees doing the creating. Why not make Disney pay employees and former employees for continuations of exclusive license, until the copyright formally expires?

    Regardless, copyright terms are getting too long. The great masters of 20th century classical music, for example, would gain much greater appreciation if their sheet music were affordable and not artificially jacked up in price by someone who really has no claim to the work.

  • by Maul ( 83993 ) on Thursday September 23, 2004 @11:32AM (#10329541) Journal
    No, they are. At least the stuff that has lived on to become part of our culture.

    These de facto infinite copyrights that we have now will enable the entertainment industry to charge over and over again for music and movies that should be in the public domain.

    You can be guaranteed that if a new physical format for distributing music (the successor to the CD or whatever) takes hold, the record companies will re-release old Elvis and Beatles albums in this format (among plenty of others). They'll probably release them as "commemorative editions" and charge up the wazoo for them as well.

    With how things are now, some record company executives who weren't even born yet when the Beatles were creating music will continue to get rich off of their work, even after the remaining two are long dead and buried.
  • by argoff ( 142580 ) on Thursday September 23, 2004 @11:33AM (#10329555)
    For a primer of anti copyright arguments, I attack some of the main arguments on my web page, see .... Bitter Protest Against Copyrights [inetsoda.com]
  • The cost of music... (Score:2, Interesting)

    by HerculesMO ( 693085 ) on Thursday September 23, 2004 @11:36AM (#10329578)
    There used to be a pretty tried and true idea, that people are willing to pay for what they get. It's not true universally, but it's relatively speaking, pretty true.

    I still, suprisingly buy music. I do too, also pirate some, but they are deleted in short order. It's the nature of the industry nowadays -- most artists know they won't last longer than a few years and the goal is to get every penny they can. Look at Metallica, now winding down their career (because it was downhill anyway) -- they started out singing against the 'man', 'halls of justice painted green, money talkin', and then use the same method they preached against to get damages awarded because they don't want to tour as much and have real shitty music they now sell.

    But I digress... the music industry can't demand money for what people don't want to pay. Everybody now knows it doesn't cost $15 to make and package a CD, especially with the explosion in technology and the price cuts it has brought for the creation and distribution of everything. When a CD costs pennies to make and distribute, all you are saying is that, when customers don't want to pay the money to buy a CD with 1 good song on it, and further, don't want to pay $1 for a single song because it's missing a 'hard' copy and isn't really a discount well... you are being stubborn and you are going to get nailed. And the industry is getting nailed, by piraters everywhere. If music labels started doing a 'LaunchCast' type service (which I *love*), then all would be well. You subscribe monthly for say, $10.00, and people download and listen to all the music they want.
  • by John Jorsett ( 171560 ) on Thursday September 23, 2004 @11:46AM (#10329686)
    The recent changes to US copyright were supposedly to conform to the European standards. Now the Euros are supposedly needing to conform to the US standards. Clearly, the intent is to ratchet the period forward inexorably until copyright is effectively perpetual. I had hopes that the US Supreme Court was going to put a stop to this insanity, but noooooo.
  • by Lumpy ( 12016 ) on Thursday September 23, 2004 @11:48AM (#10329721) Homepage
    I do.

    www.iuma.com
    www.magnatune.com

    the ONLY new music I have bought over the past 12 months has been from artist on those sties.

    RIAA artists I like? I buy only USED cd's.

    buying Used CD's is the best way of kicking the RIAA and those that love them in the nuts.

    Buy Used CD's only if it is not an Indie artist.

  • What would be nice (Score:2, Interesting)

    by samberdoo ( 812366 ) on Thursday September 23, 2004 @11:49AM (#10329739)
    would be that after a certain time period, the artists get 100% of the royalties. I'm sure these companies would be so happy with that.
  • by stratjakt ( 596332 ) on Thursday September 23, 2004 @11:55AM (#10329811) Journal
    Mickey Mouse is a bad example, since he's a trademark.

    His older movies are copyright, and should be public domain by now, but noone but Disney would ever be able to use the image of Mickey Mouse in any derivative work.
  • by rusty0101 ( 565565 ) on Thursday September 23, 2004 @11:58AM (#10329845) Homepage Journal
    Nope. Copyrights should be good for the lifetime of the artist who creates the work, and requires a specific delcaration of assignment of rights to allow a corporation to make use of that copyright for the lifetime of the artist, or some shorter period of time, with the rights reverting to the artist.

    An artist who would like their works to be made publicly available over the internet would have to publish a list specifying what works are available.

    Yes, there will still be problems, copyright violators, and even people who will insist it is their right to make copies of any and all possible works, regardless of the copyright holder's opinion.

    -Rusty
  • Re:What the hell (Score:2, Interesting)

    by real_smiff ( 611054 ) on Thursday September 23, 2004 @12:10PM (#10329974)
    Hmm. you may have just hit something important. A lot of it is to do with presentation of particular kinds of music as "cool". People, especially youngsters are herd animals often without a well formed taste of their own. thus they are vulnerable to this pressure. It would be fascinating to know what people would like if they were brought up in a vacuum, with access to all music, but never hearing anyone else's opinion on music. i know it's impossible, but i bet a lot of what's now independant/alternative music would be more popular. you'd probably have more melodic pop and less hip-hop aswell - ? not saying that's necessarily a good thing.
  • by syberanarchy ( 683968 ) on Thursday September 23, 2004 @12:12PM (#10329996) Journal
    The same way I can get Night of the Living Dead on DVD, even though it's legal to download it from the public domain. If you can get it, it's legal. That doesn't mean a record company is obligated to give you a copy on physical media for free, and a lot of people still value physical media, for some reason... :(
  • by csteinle ( 68146 ) on Thursday September 23, 2004 @12:16PM (#10330042) Homepage
    The same way that book publishers can still make money from things like this [amazon.co.uk].
  • Re:What the hell (Score:3, Interesting)

    by hyphz ( 179185 ) * on Thursday September 23, 2004 @12:22PM (#10330124)
    The problem is that, like so many other things, music runs right up into a fundamental problem with capitalism.

    Part of the idea of capitalism is that people should buy the products that generate the most value for them. But with music, that's paradoxical, because until you've heard a song you don't know how much you like it; and once you have heard it, you've already consumed entertainment value from it.

    If someone was brought up in a vacuum, they'd try randomly until they hit on an artist they like and then just keep buying stuff by that artist - no point taking risks with their money. Yet if they get info from anywhere else, payola comes in.

  • by Microlith ( 54737 ) on Thursday September 23, 2004 @01:39PM (#10331072)
    If someone said there was no incentive to grow potatoes unless they could rip up your yard and plant some

    Huh? There's incentive to grow FOOD, it's called human metabolism.

    there was no incentive to say good things unless can control your speech

    This is false. There is incentive to say good things without control, but there's MORE incentive to say things when there is control.

    But the Renaissance happened without copyrights, so why can't the information age?

    The reasoning expressed here is a fallacy, and ignores the massive changes that have occurred in the 400 or so years since the Rennaisance. First and foremost being that you could not get copies of an artists work. You could possibly have gotten moderate reproductions, but I imagine they'd have been expensive (people like to be paid for their work! Go figure!) and hard to come by.

    So rather than being an equivalence relationship, copyrights are more like a form of censorship.

    Once in the distant past. Copyrights are not granted to those who won't print bad things about the government. They're granted to everyone without respect to the subject.

    people who copy are slandered with names such as thief and pirate

    True, those aren't the right words. I prefer freeloader and warez kiddies. I have yet to meet anyone who loves downloading anything and everything instead of paying for it that doesn't fit in one of those categories.

    these verbal assaults hide a cruel lie, the one that says - "copyrights benefit creative people"

    Oh but it does! But as we've seen the laws need reform. This entire paragraph falls under this necessity.

    and massive anti-trust behavior in the software industry

    I think you mean "massively monopolistic behavior" or "increasingly trust-like behavior" since anti-trust would imply there was actually diversity keeping things shaken up.

    well "how will we make money without copyrights?" Like a disingenuous thief asking "how will I feed my children without old ladies to mug?"

    Oh, so now we're equating people who want to make money off the things they create with people who brutalize others and take. This makes no sense.

    So say we abolish copyright. What then?

    The number of creative works, good or bad, would trickle to a crawl. How many people contribute to GPL software because of the assurance provided by the license that their work won't be taken and sold back to them?

    What about New Line Cinema, who put up the funding for Lord of the Rings? They'd never have put up the money if copyright wasn't available and rightly so, since all it'd take is one leak and they'd be ROYALLY FUCKED since every dvd producer and theater could show it without paying them any money.

    And all authors would be fucked, since publishers would exploit a lack of copyright and never pay them. We'd be like Hong Kong, where bootleggers make it almost impossible for acts to make any money whatsoever by selling copies of cds for $1.

    Until you can find a way to give people an incentive to create with the possibility that their work will be taken and sold and distributed without any compensation for them, the system will stay the same. The current system CAN be fixed, which you disagree with but I don't see why, and it needs to be but a complete abolishment of the system would do -far- more damage.
  • by Sique ( 173459 ) on Thursday September 23, 2004 @01:59PM (#10331355) Homepage
    On the other hand they borrowed from Carlo Collodi to make Pinocchio. And they made Pinocchio in 1940, the year after Carlo Collodi's Copyright ran out. He died in 1890, just 50 years before. Strange, isn't it? ;)

    Disney played very well on the copyright instrument, grabbing everything as soon as it was free of charge and put their own version in place, for which the copyright should never ever expire.
  • by adoarns ( 718596 ) on Thursday September 23, 2004 @02:10PM (#10331513) Homepage Journal
    Patents last for twenty years. They used to last only seventeen years. Why is this acceptable for patents but not for copyrights?

    I mean, I know why -- but is this unreasonable from anyone's viewpoint who doesn't charge $13.99 for a CD?

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