Theater of the absurd, or once again about the fiction "public domain"
Epigraph:
A man comes to the master and says:
- Sir, I have something very tight with money. Lend me a ruble, and I will return two to you in the spring, and leave the ax as a deposit.
Scratched the master's head and says:
- Well, so be it, here's a ruble for you. Only in the spring it will be hard for you to give two rubles, let's give one right now, and in the spring one more?
I thought a man and said:
- Indeed, it will be hard to give two rubles, - and gave the ruble back.
He goes home and thinks: there is no ruble, there is no ax, the ruble should remain - and that’s all right!
Why this epigraph. Recently, I wrote a topic about how record companies steal soundtracks from the public domain . In the footsteps of the topic of raising the term of protection of related rights in the European Union, I decided to find out how long the enforcement right in the United States. And I found out.
Until 1972, there was no federal law in the United States regarding copyright on phonograms, but there were many local laws. The Sound Recording Amendment, adopted in 1971, translated all phonograms under the copyright wing and recorded that all phonograms that were released before 1972 are copyrighted until 2047, and the subsequent Sonny Bono Copyright Term Extension Act (aka Mickey Mouse law) extended this period to 2067 (see en.wikipedia.org/wiki/US_copyright_law#Duration_of_copyright )
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And from this follows the following: at the moment in the States there is no ONE PHONOGRAM IN THE PUBLIC DOMAIN AND WILL NOT APPEAR IN THE NEXT 56 YEARS. No one at all.
And, like, all right. Well, of course, if I suddenly post on the American server records, say, “Boris Godunov” performed by Fyodor Shalyapin, then I, thereby, will deprive the company of HMV’s legal profits, which have the following relation to these records: none. I emphasize that the rights of phonogram publishers belong ONLY to the label owner - neither the composer, nor the performer, whose copyrights so much like to hide behind, these rights are NOT PROVIDED by American laws.
However, from the experience of previous discussions on Habré, I’m sure that there will definitely be people who will say here that “everything is correct”; that there is no normal alternative to such a right; that I just do not want to pay for someone else's work and so on. However, I just could not come up with a single argument in defense of the existence of this theater of the absurd. Who did I rob this time?
UPD. Yes, I am aware that the record company can themselves transfer the phonogram to the public domain. But I don’t know any examples of such a program.
A man comes to the master and says:
- Sir, I have something very tight with money. Lend me a ruble, and I will return two to you in the spring, and leave the ax as a deposit.
Scratched the master's head and says:
- Well, so be it, here's a ruble for you. Only in the spring it will be hard for you to give two rubles, let's give one right now, and in the spring one more?
I thought a man and said:
- Indeed, it will be hard to give two rubles, - and gave the ruble back.
He goes home and thinks: there is no ruble, there is no ax, the ruble should remain - and that’s all right!
Why this epigraph. Recently, I wrote a topic about how record companies steal soundtracks from the public domain . In the footsteps of the topic of raising the term of protection of related rights in the European Union, I decided to find out how long the enforcement right in the United States. And I found out.
Until 1972, there was no federal law in the United States regarding copyright on phonograms, but there were many local laws. The Sound Recording Amendment, adopted in 1971, translated all phonograms under the copyright wing and recorded that all phonograms that were released before 1972 are copyrighted until 2047, and the subsequent Sonny Bono Copyright Term Extension Act (aka Mickey Mouse law) extended this period to 2067 (see en.wikipedia.org/wiki/US_copyright_law#Duration_of_copyright )
')
And from this follows the following: at the moment in the States there is no ONE PHONOGRAM IN THE PUBLIC DOMAIN AND WILL NOT APPEAR IN THE NEXT 56 YEARS. No one at all.
And, like, all right. Well, of course, if I suddenly post on the American server records, say, “Boris Godunov” performed by Fyodor Shalyapin, then I, thereby, will deprive the company of HMV’s legal profits, which have the following relation to these records: none. I emphasize that the rights of phonogram publishers belong ONLY to the label owner - neither the composer, nor the performer, whose copyrights so much like to hide behind, these rights are NOT PROVIDED by American laws.
However, from the experience of previous discussions on Habré, I’m sure that there will definitely be people who will say here that “everything is correct”; that there is no normal alternative to such a right; that I just do not want to pay for someone else's work and so on. However, I just could not come up with a single argument in defense of the existence of this theater of the absurd. Who did I rob this time?
UPD. Yes, I am aware that the record company can themselves transfer the phonogram to the public domain. But I don’t know any examples of such a program.
Source: https://habr.com/ru/post/129426/
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