No more public domain (in the U.S.)?


delusionalHamster's avatar
Seems kinda perverse. Is this really happening? Can a government really take works that were once in public domain out of it? What if you use a public domain work in your own work, and later it gets made proprietary - are you then retroactively breaking the law, or does grandfather clause apply?

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siantjudas's avatar
You can't retroactively break the law. It's in the constitution.
However, if you are using it in an ongoing thing (based on your hypothetical situation), then they may ask for you to stop.

Example. If using paint was made illegal, you could not be charged for using paint before the law existed, and any paintings made before the law would be legal. However, continuing to use paint after the law would be illegal, and any paintings made after the law would be illegal. Make sense?
delusionalHamster's avatar
Yeah but it's still stupid. Not to mention immoral. What is public domain once should stay that way, period. No one has the right to appropriate common property. It's like if I suddenly said that I own all the air and everyone has to pay me for breathing. That'd be ridiculous because air is common property and no one can claim ownership of it.
MLAproduction's avatar
pretty much. it is happening and has happened.

and as for public domain grandfathering it's up to the 'new' owner to decide if its worth suing the seconday creator and it also would depend on the court.


I'm all for if the individual or corporation who owns the [object/picture/song/etc] is still alive or functioning than the copyright should continue to exist.

However ONCE something falls into public domain it should stay there.
delusionalHamster's avatar
Copyright should exist during the lifetime of the creator, HOWEVER the protection granted by copyright should be significantly reduced. It should be considered that whenever a work is published publicly it should be free to be shared and copied for noncommercial uses. Copyright should only apply to commercial use.

Also nobody should be able to claim ownership on public domain works.
MLAproduction's avatar
pretty much. it is and has happened. and as for public domain grandfathering it's up to the 'new' owner to decide if its worth suing also would depend on the court.

then there's disney with the renewable copyright just so they can hang on to all of their characters.
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DoctorV23's avatar
Total abuse of copyright. [link]
I'm trying to wrap my head around this one and it won't...someone writes a popular song. Being popular, people like to sing it. Then those same people who gave the author of the song it's popularity and success can get arrested for doing so :(
delusionalHamster's avatar
Yep. The copyright mafia is worse than the actual mafia in many ways.
Sadly my congressmen would support taking copyrights from dead beats and losers who don't have the money to defend themselves.... (basically stealing the lollipop from the baby.)
Artman40's avatar
Where are petitions to extend public domain?
delusionalHamster's avatar
I don't know. Why don't you make one?
theGman0's avatar
That's fucked up.
Artman40's avatar
You know, why won't you post it on a journal and spread the word?
Kalinka-Shadows's avatar
Unfortunately, yes, it's true already in the US. This is an effect of multiple copyright extensions that basically make Copyright eternity minus one day. The issue is, that with so much of the US manufacturing and production base moved to cheap labor countries, without the intellectual property industry, the government believes it will be insolvent. So the idea is to create a system where the US 'knows' everything and to use any technology, read any book, listen to any music, you must pay an American entity to do so. Even if said entity doesn't own the rights to do so.

It's absolutely true, that because of the DMCA, American corporations and individuals can issue take down notices, (see Youtube)for things they don't own, including user generated content, and commentary, the only solution is to repeal the DMCA.
delusionalHamster's avatar
That's right. When old businesses get complacent and fat, they become gatekeepers where their business model shifts from producing and innovating into preventing others from producing and innovating, so that everything has to go through them. That's really why the entertainment industry is so scared of the internet and torrents and all that - not because of piracy, that's just an excuse. They are scared because the internet makes them obsolete, as anyone can self-publish, and they are afraid of becoming irrelevant.

The copyright mafia is a really disgusting business, maybe even more so than the actual mafia - after all, why bother breaking the law when you can just buy the law.
Artman40's avatar
It gets worse. TV channel studios today are only good for producing TV shows. When it comes to distributing the shows, they actually hinder that. It's like paying a car repairman for completely breaking down your car.
Kalinka-Shadows's avatar
This is believe it or not, not the first time this has happened. There used to be used to be in the early 1900s, a Motion Picture Patents Association that could control virtually any movie could be produced, (on film) for consumption anywhere in the US. If you made a movie in the US, about anything, there was a mandatory fee to this organization.

Television in the 1950s and 1960s was one of the most tightly controlled and censored media there was.
JackMolotov3's avatar
when pro-copyright business intrests dominate congress, they can do anything they want.
delusionalHamster's avatar
You guys should get the Pirate Party elected, like we did here in Europe.
JackMolotov3's avatar
There is a national pirate party USA.

Less than successful. I envy Europe in this regard.

I've got a lot going on in my life, and I am not in the position to make a move.

otherwise I'd out handing out fliers.
qwertywithak's avatar
I'll help them out, any resources would be nice. Even though I'm an anarchist I'd love to help out anyone who stands for freedom.
DoctorV23's avatar
This is disturbing and a perversion of copyright law, its purpose and intent.