Posts Tagged ‘intellectual property’
The Free Music Archive has found a replacement for the most recognizable– and probably the most lucrative– song in America– “Happy Birthday To You.” Together with WFMU, FMA ran a contest to find a new copyright-free (and free to use) “Happy Birthday” song…
The “Happy Birthday To You” melody was published in the late 1800s by two sisters who taught elementary school, and it was registered for copyright, as “Happy Birthday To You” in 1935. Time Warner acquired the copyright in 1998. The song reportedly brings in two million dollars a year from licensing for films, TV shows, advertisements and the like; it won’t enter the public domain until 2030 at the earliest.
WFMU thought it was dubious that the song still deserves copyright protection, but rather than mount a court challenge, it sponsored a competition for a new birthday celebration song. Among the judges were Harvard Law Professor Lawrence Lessig and Yo La Tengo’s Ira Kaplan.
As WFMU says, the new song puts the happy back into birthdays, and takes the cease and desist out of them.
The winning tune, by Monk Turner + Fascinoma lacks the opportunity to shout out the birthday person’s name; but there is room to build in a call and response element. You can download the sheet music in the key of B (pdf, google doc) or the key of C (pdf, google doc). Also, check out the alternative versions of the song including two piano tracks and an instrumental version.
And you can hear it, playing behind Bloomberg Law’s recounting of the case, here:
[TotH to Laughing Squid]
As we hum a different tune, we might send public domain birthday greetings to Wilhelm Carl Grimm; he was born on this date in 1786. The younger of the Brothers Grimm, Wilhelm and Jacob collected and published folk and “fairy” tales… a great many of which, freely available as they are in the public domain, have been used as the texts of animated and live action films that are– and will for decades be– under strict copyright protection (c.f., for example, this list of Disney films based on fairy tales by the Brothers Grimm and others).
…Imagine you’re a new parent at 30 years old and you’ve just published a bestselling new novel. Under the current system, if you lived to 70 years old and your descendants all had children at the age of 30, the copyright in your book – and thus the proceeds – would provide for your children, grandchildren, great-grandchildren, and great-great-grandchildren.
But what, I ask, about your great-great-great-grandchildren? What do they get? How can our laws be so heartless as to deny them the benefit of your hard work in the name of some do-gooding concept as the “public good”, simply because they were born a mere century and a half after the book was written? After all, when you wrote your book, it sprung from your mind fully-formed, without requiring any inspiration from other creative works – you owe nothing at all to the public. And what would the public do with your book, even if they had it? Most likely, they’d just make it worse.
No, it’s clear that our current copyright law is inadequate and unfair. We must move to Eternal Copyright – a system where copyright never expires, and a world in which we no longer snatch food out of the mouths of our creators’ descendants…
A bold idea such as Eternal Copyright will inevitably have opponents who wish to stand in the way of progress. Some will claim that because intellectual works are non-rivalrous, unlike tangible goods, meaning that they can be copied without removing the original, we shouldn’t treat copyright as theft at all. They might even quote George Bernard Shaw, who said, “If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.”…
Certainly we wouldn’t want to listen to their other suggestions, which would see us broaden the definition of “fair use” and, horrifically, reduce copyright terms back to merely a lifetime or even less. Not only would such an act deprive our great-great-grandchildren of their birthright, but it would surely choke off creativity to the dark ages of the 18th and 19th centuries, a desperately lean time for art in which we had to make do with mere scribblers such as Wordsworth, Swift, Richardson, Defoe, Austen, Bronte, Hardy, Dickens, and Keats.
Do we really want to return to that world? I don’t think so.
As we return to our senses, we might recall that it was on this date in 1632 that Galileo Galilei “published” Dialogue Concerning the Two Chief World Systems (Dialogo sopra i due massimi sistemi del mondo)– that’s to say, he presented the first copy to his patron, Ferdinando II de’ Medici, Grand Duke of Tuscany. Dialogue, which compared the heliocentric Copernican and the traditional geo-centric Ptolemaic systems, was an immediate best-seller.
While there was no copyright available to Galileo, his book was published under a license from the Inquisition. Still, the following year it was deemed heretical and listed in the Catholic Church’s Index of Forbidden Books (Index Librorum Prohibitorum); the publication of anything else Galileo had written or ever might write was also banned… a ban that remained in effect until 1835.
The Andy Warhol banana that graced the cover of the Velvet Underground’s 1967 debut album has become the subject of litigation between the band and the artist’s estate.
In a nutshell, the estate believes that it holds the copyright, and is licensing the image (for everything from iPad covers to Absolut ads). The band argues that there is no copyright (as the original ran without a notice), but that the image is protected as a trademark of the band– so the estate is infringing. (There’s a more detailed recounting of situation and its background at Final Boss Form.)
One is tempted to launch into a discussion of the case as a symptom of the diseased state of intellectual property law and practice in the U.S.; but your correspondent has already burned pixels doing that, e.g., here, here, and here. Suffice it here to quote the ever-insightful Pop Loser: “This whole story is an excellent metaphor for the world we currently live in and should probably make us all a little bit sad.”
As we re-up our affiliation with Creative Commons and write our Representatives to oppose SOPA, we might recall that it was on this date in 1919 that “The Noble Experiment”– the national ban on the sale, manufacture, and transportation of alcohol that was better known as “Prohibition”– was ratified (the 18th Amendment).
By the time it was repealed in 1933, organized crime had become a major feature of American city life, and the American public had adopted the invented-for-the-occasion word “scofflaw.”
Ku Klux Klan: “Defender of the 18th Amendment” (source)
The increasingly rapacious and reactionary corporate attitude to intellectual property rights has been the subject of several posts over at Scenarios and Strategy (c.f., e.g., “Patently Absurd…,”Caution! Pile up ahead…,” or “I was aiming for my foot, but I seem to have shot myself in the thigh…“)
Now an update for readers who might feel the urge to deliver a present in just any light blue box, or who might fancy a certain shade of orange… Tiffany Blue and Home Depot Orange are trademark-protected– “colormarked”– hues.
Qualitex Press Pad
It all started in 1989. Qualitex used the unique color blend illustrated above for their dry cleaning presses. But then competitor Jacobson began using the same shade, allegedly to more easily confuse companies into buying their product instead. Qualitex sued, won– and colormarking was born.
Readers will find a list of 10 privately-owned colors at Mental Floss‘ “10 Trademarked Colors.”
As we discard a number of our crayons, just to be on the safe side, we might recall that it was on this date in 1981 that the extraordinary Canadian athlete Arnie Boldt jumped 6′ 8.25″ at the Tribune Games outside of Winnipeg, breaking his own record for long jump in disabled competition. Boldt, who’d lost his right leg in a grain auger accident at the age of three, burst onto the parasports scene at the 1976 Paralympics, where he took gold and set records in both the long and the high jumps. He raised his high jump record at the next Paralympics in 1980, then raised both records in 1981.
Arnie Boldt in the long jump (source: Canadian Sports Hall of Fame)