

Plan To Create Another Copyright-Like Right For Hollywood - Sambdala
http://www.techdirt.com/articles/20130410/07011422657/broadcast-treaty-is-baaaaaack-plan-to-create-yet-another-copyright-like-right-hollywood.shtml

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rayiner
Without addressing the copyright issue--I think what we've been seeing out of
WIPO recently, along with ACTA, etc, is really a vindication of conservative
concerns decades ago about participating in these sorts of international
frameworks. Congress may be a bunch of boobs, but at least they're our boobs,
and a stupid law out of Congress is better than a stupid treaty out of some
unelected international organization.

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MisterBastahrd
How is this a vindication of anything? Treaties don't get enforced in the US
in a vacuum: they require a 2/3rds affirmative vote from the Senate.

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tpenzer
I actually wrote a recent blog post on this subject, wherein I make the case
that copyright is dying, and try to come up with something better:

[http://thepenzone.com/content/copyright-dying-beware-
accessr...](http://thepenzone.com/content/copyright-dying-beware-accessright)

I think it's definitely time we have a replacement for copyright, given the
irrelevance of copying nowadays, though "Publish Right" is likely a better
term than "Broadcast Right", since the main issue is the commercial
distribution arrangements for protected works. If some agreement can be found,
after a certain date, copyright should stop being issued and the new right
issued instead. Now we just need to figure out what that will be.

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gabemart
If true, this is concerning. The public domain is already under attack from
increasingly aggressive copyright term extensions.

This does touch on a point I've been wondering about recently. Let's say I
write an adaptation of Romeo and Juliet where the main characters are all
robots and the setting is in space. From my understanding, I can claim
copyright on my new work so long as it contains sufficient new creativity and
transformation. My new work would be considered a derivative work from the
public domain original, and I would hold the copyright for my work.

The question is, what happens when someone else creates an adaptation of Romeo
and Juliet where the main characters are all pirates and the setting is the
ocean?

If my work were an original, I could sue the creator of the pirate version
because his version was a derivative work of mine and he didn't have my
permission to create it. But obviously, he can say his is a derivative of the
public domain version, not my version.

How do all these rights interact? My mind gets tied up in knots trying to work
it out.

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noonespecial
I'm not sure the parties pushing these ideas want you to be able to easily
work it out. The goal almost seems to be that whenever there's a dispute, a
long, expensive and unintelligible process delivers a result that seems random
(for those without enough money to do it right).

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waterlesscloud
I see no reason to limit this to broadcasting. If I put something in the
public domain on my website, I should be given copyright control over it as
well.

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freehunter
Hell, if I mention anything that is public domain, I should automatically get
copyright over it. When I read my kids a bedtime story from Grimm or Aesop, I
should start getting royalties from every other parent in the world.

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Daniel_Newby
The U.S. Constitution connects copyright to authorship. There is no enabling
clause to connect it to broadcast.

