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Opinion: Time to update copyright law?

James Joyce, the author of "Ulysses," is seen 1938. "Ulysses" has entered the public domain.

STORY HIGHLIGHTS

Each year, works of art with expired copyrights enter the public domain William Patry: How long copyright should last has been a contentious issue since 1790 Patry: When length of copyright is too long, it hinders creative repurposing of older works He says that in the digital age, arcane copyright laws should be updated

Editor's note: William Patry, a senior copyright counsel at Google Inc., is the author of "How to Fix Copyright" (Oxford University Press).

(CNN) -- On the first day of every year, works of art whose term of copyright has expired enters the public domain. This year's class is particularly strong, as the novels of James Joyce and Virginia Woolf are now free of copyright protection. If you ever wanted to stage a puppet show of Joyce's masterpiece "Ulysses" or set Woolf's "Mrs. Dalloway" to music, now is your chance.

But why now?

When copyright expires, it means that the public is not liable for using works of art in ways that would otherwise violate the copyright law. Dover can publish scores of classical music at low prices; translations of literature can be commissioned; authors, artists and motion picture companies can adapt older works and make them into new works. A number of Disney classics are, in fact, based on public domain works.

William Patry

How long copyright should last has been a contentious issue since the first copyright act of 1790. In some industries, copyright laws are necessary to provide financial protection for the time and investment that goes into creating works of art. But when the length of copyright is so long that it hinders creative repurposing of older work, then copyright's purpose isn't being served.

Our original copyright act in 1790 protected only books, maps and charts. Over time, the law expanded to include fine art and photographs, among other things. Currently, a blockbuster film such as "Avatar" gets the same protection as an e-mail you dash off to your friends.

To understand how copyright law has changed in the United States over the past 30 years, it's helpful to take a look at Duke University's Center for the Public Domain's list of famous works that would have gone into the public domain if it weren't for the changes in copyright law. This year, it would include Vladimir Nabokov's "Lolita," J.R.R. Tolkien's "Return of the King" and Disney's "The Lady and the Tramp."

These famous works were originally covered by a law in 1909, which stipulated that copyright lasted for 28 years from first publication, with the possibility of another 28 years, but only if the copyright owner filed a renewal publication with the Copyright Office. Thousands of works were protected under this sensible system, and 85% of them entered the public domain after 28 years, making them available to artists and more accessible to consumers.

But in 1978, Congress retroactively changed the rules, giving these works another 19 years at the end. If the artist renewed the copyright, he or she received 47 years rather than 28 years, for a maximum of 75 years. And then in 1998, Congress retroactively added another 20 years to these old art works, meaning they now have a protection up to a maximum of 95 years. For works created after 1978, the length of copyright is even longer: life of the author plus 70 years after the author's death.

The effect of this dramatic lengthening of copyright has come at a large cost with little benefit: older works cannot be used productively by motion picture companies, authors and artists. Many owners of copyrighted works cannot even be located. And remote heirs, such as grandchildren and great-grandchildren or the estates of deceased authors, can veto uses that are economically harmless.

For example, when I was in private practice at a large law firm, a partner asked me to approach the estate of a famous playwright. My colleague was hoping to get permission to produce an abridged version of a play at his son's special education school.

The school was willing to pay the licensing fee, but the children were capable of only performing one act, not three. The production would be only before parents, not for any profit. After all this was explained to the estate, they subsequently refused permission and the money, insisting the children had to produce the play as written, or not at all.

As we adapt to the digital age, arcane copyright laws that offer no benefit even to the current copyright holder must be reconsidered. A sensible approach would not act as an obstacle to future generations who want to create something new.

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The opinions expressed in this commentary are solely those of William Patry.

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Opinion: Time to update copyright law?

Nokia 800 Lumia Unboxing/ Review – Video

22-01-2012 19:51 I managed to get my hands on a Brand New Nokia 800 Lumia Running Windows Phone 7.5 Mango So I hope you enjoy seeing it and how it comes! If you like this video be sure to let me know in the comments below 🙂 ------------------- Facebook - on.fb.me Twitter - bit.ly Google+ - bit.ly Google+ Page - bit.ly Donate - bit.ly ------------------- If you have any apps you want me to review Or any phones/ devices you want me to unbox let me know 🙂 itswillbarlow@gmail[DOT]com

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DoT starts process for auctioning spectrum in 700 Mhz band

New Delhi, Jan 31: 

The Department of Telecom has set in motion the process for the next round of spectrum auction.

The Department has asked various internal units, including the Policy Group and the Wireless Planning & Coordination (WPC) wing, to take steps required for selling 700 Mhz band for broadband services.

A draft letter to the Secretary, Information & Broadcasting has been prepared requesting vacation of spectrum in this band. The 700 Mhz band is used for offering broadband services using fourth generation technologies. This is currently with the Ministry of I&B which wanted to use this band for mobile TV services. However, the National Frequency Allocation Plan has earmarked the band for wireless broadband in line with international standards.

The DoT has also alerted its Policy Group to seek the recommendations of the Telecom Regulatory Authority of India in terms of reserve price, spectrum usage charge, quantum of spectrum to be auctioned and the eligibility criteria for the bidders. The Policy Group has also been given the task of finalising the auctioneer.

The DoT is also looking to get additional spectrum vacated from the Defence forces and the Department of Space. But this may require inter-ministerial consultation by a Group of Ministers. The DoT has asked WPC to identify items that may need a decision by the GoM by March 31 and prepare the agenda note by April 15, if required.

But the I&B Ministry is expected to oppose the plan. Earlier, it had written to the DoT saying that Doordarshan needs this band as it has initiated digitisation of its terrestrial networks.

The 700 Mhz band ranges from 698 Mhz to 806 Mhz and has been identified by the International Telecommunication Union for telecom services. In India, Doordarshan has been given a 40 Mhz bandwidth between 745 Mhz and 795 Mhz for digital terrestrial transmission in four metro cities. The balance is currently free but the I&B Ministry wants 96 Mhz in this frequency band reserved for mobile TV services.

tkt@thehindu.co.in

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DoT starts process for auctioning spectrum in 700 Mhz band

Kerry Seeks Internet Help on Spectrum

Two weeks after Internet users helped sideline controversial online piracy legislation, Sen. John Kerry, D-Mass., urged the Internet community on Tuesday to again rally to push Congress to free up more unlicensed spectrum for Wi-Fi and other new wireless technologies.

“It’s going to take your voices and the voices of a whole bunch of folks similar to what happened a few weeks ago ... to just rise up and make clear that that freedom, that the accessibility, capacity for innovation is vital to our future competitive position,” Kerry, chairman of the Senate Commerce Communications Subcommittee, said at an event sponsored by the Wireless Innovation Alliance and the New America Foundation. 

Kerry was discussing concerns about a provision included in House spectrum legislation that would limit the ability of the Federal Communications Commission to free up more spectrum for unlicensed uses such as Wi-Fi.

Almost anyone who uses a tablet computer, laptop, or smartphone has likely taken advantage of the availability of unlicensed spectrum the FCC has provided in the past by using one of the growing Wi-Fi spots available at coffee shops, stores, and other places around the country. Kerry and other lawmakers, as well as tech companies, public-interest groups, and others, would like to see the FCC free up even more unlicensed spectrum for Wi-Fi and new technologies but worry the provision in the spectrum bill approved by the House Energy and Commerce Communications and Technology Subcommittee could derail that effort.

Kerry argued that the need for unlicensed spectrum for a whole range of current and future innovations is as important as the concerns raised in recent weeks about online-piracy legislation. Earlier this month, thousands of websites blocked part or all of their sites in protest over the online-piracy legislation, which critics said would stifle innovation and free speech on the Internet. The protest helped push congressional leaders to shelve the online piracy legislation for now. 

House and Senate negotiations on extending a payroll-tax cut may include spectrum legislation in the compromise package to help pay for the cost of tax legislation. Supporters of unlicensed spectrum don’t want conferees to include the House’s language if they include spectrum legislation in the final payroll-tax package. The House GOP spectrum bill would bar the FCC from reserving some spectrum from the so-called incentive auctions authorized by the legislation for unlicensed uses and would restrict the ability of the FCC to structure the auctions as they see fit. Incentive auctions are aimed at getting broadcasters to give up some of their spectrum for a share in the revenues. 

Reed Hundt, who served as FCC chairman during the Clinton administration, described the House spectrum bill as “the single worst telecom bill I have ever seen.” Hundt, however, said he is concerned it could get passed as part of the payroll-tax package because many members want to see payroll-tax cut extended.

The House Communications and Technology Subcommittee approved its spectrum bill, which was drafted by subcommittee Chairman Greg Walden, R-Ore., late last year despite opposition from the panel’s top Democrats. The spectrum bill was included in the payroll-tax package approved by the House. The Senate Commerce Committee approved its own spectrum legislation last summer. The Wireless Innovation Alliance, a coalition of tech companies, public-interest groups and others, prefers Senate Commerce’s language on the issue but the Senate did not include spectrum legislation in its payroll-tax measure. 

Supporters of the House spectrum language may have the upper hand in negotiations with the Senate on the payroll-tax package. Both Walden and Energy and Commerce Chairman Fred Upton, R-Mich., are among the House conferees on the payroll-tax measure as is Energy and Commerce ranking member Henry Waxman, D-Calif. However, no Senate Commerce Committee members are on the payroll-tax conference panel, which would allow them to directly push for their version of the spectrum legislation.

“I’m worried … about the dynamics of the payroll-tax process because I’m not sure everybody engaged in that shares quite the same sensitivity that is represented in this room and elsewhere,” Kerry said.

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Kerry Seeks Internet Help on Spectrum