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Supreme Court declares Public Domain status "temporary"

Started by Telarus, January 19, 2012, 09:34:46 AM

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Telarus

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Nephew Twiddleton

Can you include quote? Id have to write down the url and type it on my phone.
Strange and Terrible Organ Laminator of Yesterday's Heavy Scene
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Soy El Vaquero Peludo de Oro

TIM AM I, PRIMARY OF THE EXTRA-ATMOSPHERIC SIMIANS

Telarus

Supreme Court Says Congress May Re-Copyright Public Domain Works
    By David Kravets

Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday.

In a 6-2 ruling, the court said that, just because material enters the public domain, it is not "territory that works may never exit." (.pdf)

The top court was ruling on a petition by a group of orchestra conductors, educators, performers, publishers and film archivists who urged the justices to reverse an appellate court that ruled against the group, which has relied on artistic works in the public domain for their livelihoods.

They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells' Things to Come; Fritz Lang's Metropolis and the musical compositions of Igor Fyodorovich Stravinsky.

The court, however, was sympathetic to the plaintiffs' argument. Writing for the majority, Justice Ruth Ginsburg said "some restriction on expression is the inherent and intended effect of every grant of copyright." But the top court, with Justice Elena Kagan recused, said Congress' move to re-copyright the works to comport with an international treaty was more important.

For a variety of reasons, the works at issue, which are foreign and produced decades ago, became part of the public domain in the United States but were still copyrighted overseas. In 1994, Congress adopted legislation to move the works back into copyright, so U.S. policy would comport with an international copyright treaty known as the Berne Convention.

In dissent, Justices Stephen Breyer and Samuel Alito said the legislation goes against the theory of copyright and "does not encourage anyone to produce a single new work." Copyright, they noted, was part of the Constitution to promote the arts and sciences.

The legislation, Breyer wrote, "bestows monetary rewards only on owners of old works in the American public domain. At the same time, the statute inhibits the dissemination of those works, foreign works published abroad after 1923, of which there are many millions, including films, works of art, innumerable photographs, and, of course, books — books that (in the absence of the statute) would assume their rightful places in computer-accessible databases, spreading knowledge throughout the world."

Anthony Falzone, executive director of the Fair Use Project at Stanford University and a plaintiff's lawyer in the case, called the decision "unfortunate" and said it "suggests Congress is not required to pay particularly close attention to the interests of the public when it passes copyright laws."

The majority, however, rebuffed charges that a decision in favor of Congress' move would amount to affording lawmakers the right to legislate perpetual copyright terms.

"In aligning the United States with other nations bound by the Berne Convention, and thereby according equitable treatment to once disfavored foreign authors, Congress can hardly be charged with a design to move stealthily toward a regime of perpetual copyrights," Ginsburg wrote.

It's not the first time the Supreme Court has approved the extension of copyrights. The last time was in 2002, when it upheld Congress' move to extend copyright from the life of an author plus 50 years after death to 70 years after death.

The lead plaintiff in the case, Lawrence Golan, told the high court that it will not longer be able to perform Prokofiev's Classical Symphony and Peter and the Wolf, or Shostakovich's Symphony 14, Cello Concerto because of licensing fees.
Telarus, KSC,
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Nephew Twiddleton

Im generally pro copyright but as it said copyright lasts for life plus 70 years. That seems pretty sufficient to me. Whos going to profit at that point? Great great granchildren? Im also ok with being more in line with international copyright - maybe there should be a global standard - but if the author has been dead for almost a century why not let it go and remain in the public domain?
Strange and Terrible Organ Laminator of Yesterday's Heavy Scene
Sentence or sentence fragment pending

Soy El Vaquero Peludo de Oro

TIM AM I, PRIMARY OF THE EXTRA-ATMOSPHERIC SIMIANS

Telarus

The problem with a "global copyright standard" is that copyright (originally) only granted certain privileges from within a jurisdiction. I.E. when you took out a US Copyright, it meant that you held the monopoly on the legal act of copying your work within the United States. Without Treaties, a US Copyright means fuck-all in Uganda. Jurisdiction a very "base code" part of law.

A global copyright standard would mean some governing body with global jurisdiction. The US won't even put up with that in the UN (see our classic stance of "we refute your (the International Criminal Court) jurisdiction by passing a resolution in the UN Security Council exempting our citizens from arrest and trial under ICC jurisdiction").
Telarus, KSC,
.__.  Keeper of the Contradictory Cephalopod, Zenarchist Swordsman,
(0o)  Tender to the Edible Zen Garden, Ratcheting Metallic Sex Doll of The End Times,
/||\   Episkopos of the Amorphous Dreams Cabal

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Cramulus


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