Still, and thank goodness for it, there is still a strong role for the commons. This convention came about with the Sonny Bono Copyright Extension Act of 1998, better known as the "Mickey Mouse Protection Act." It was a blatant case of industrial protection, forcing copyright on all works for the lifetime of the claimant, plus 70 years. In the music world, if you can find an edition of words and music on an edition published before 1923, the music in question is considered by the legislation to be part of the commons. Now, to be sure, the whole basis of this claim is very shaky. What a lovely example of how rights created by statute differ so dramatically from authentic rights! There will be roughly a decade and a half during which time you can sing the song in a café in Paris but not at the Hotel Paris in Las Vegas. The copyright there expires at the end of 2016. Then it was renewed, and it won't expire in the United States until 2030, at which point it will be legal to sing it, free of charge. Warner claims that its copyright dates back to 1935. It has long enforced its copyright claim with its deep pockets, effectively intimidating everyone with the threat of government coercion. So it is something of a shock to learn that one company, Warner Music Group, claims to own and control it, and thereby has a right to wet its beak with every performance. Of all songs that seem to be part of the common cultural experience of humankind, this one tops the list. But the weird reality is that these waiters are not allowed to sing the song, unless the restaurant is willing to cough up a licensing fee to the song's owners. The new song can be creative and fun, to be sure. It is some other song, often with the same lyrics but with a different tune. Here come the wait staff, and they start to sing the song. You have been there, at the restaurant, and it's someone's birthday.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |