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Subject: IP: The Death of Copyright
>Date: Sun, 02 Jul 2000 18:32:48 -0700 >From: "Tim O'Reilly" <tim@oreilly.com> >To: farber@central.cis.upenn.edu >Subject: The Death of Copyright > >Energetic and readable article on the atrocities being performed on >copyright law. Mostly focuses on music, but has some interesting >historical anecdotes and some great sidebar quotes: > > http://www.macedition.com/soup/soup_20000627a.shtml > >I'm a publisher, and I agree that copyright law is getting way out of >hand. Between software patents and extensions to copyright, we're >undermining the foundations of our culture's past success, which has >been based on free exchange of ideas. Here's to the coming dark ages! > >An excerpt: > > > In the past century, though, the wealthy and powerful have been > lobbying long > > and hard through international consortiums such as WIPO to shift the > balance of > > power back to the publisher. Fourteen years became thirty. Then seventy > five years. > > Then it became the life of the copyright holder. Then it became life plus > > thirty. Now it's life plus seventy years, applied retroactively, and > ninety-five > > years if the copyright holder is a corporation instead of a person. No > copyright > > held by a corporation has passed into the public domain since the first > World > > War. Nothing at all has passed into the public domain since the end of the > > second world war unless the author donated it. As bad as that is, the > fallout > > from the murder of copyright in the music industry is far, far worse. > You see, > > most of the music you hear on the radio is considered "work for hire", > which > > means even though the artist created and performed the music, the > record studio > > owns all rights to it. This was unpleasant, but accepted by early recording > > artists, because, after all, work for hire reverted from its owner to its > > creator after 35 years. This was changed under the Digital Millennium > Copyright > > Act so record companies, immortal entities, now own the copyrights in > effective > > if not literal perpetuity. Tom Petty and Metallica will never own the > music they > > wrote and performed while under a "work for hire" clause. > > > > Copyright is dead, a murder most foul, and the effect it's had on our > society, > > civilization, and culture is heartbreaking. > > > >-- >Tim O'Reilly @ O'Reilly & Associates, Inc. >101 Morris Street, Sebastopol, CA 95472 >+1 707-829-0515, FAX +1 707-829-0104 >tim@oreilly.com, http://www.oreilly.com
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