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New Bill to Limit Copyright to 56 Years, Would be Retroactive
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<blockquote data-quote="Dannyalcatraz" data-source="post: 8655504" data-attributes="member: 19675"><p>I agree that there’s more C&D letters and lawsuits in music than 20 years ago. There’s also a similar effect going on with YouTube takedown orders, especially for companies hiring musicians to demo their gear and people teaching techniques and music theory online. Rick Beato- a notable music producer- has had several of his vids taken down at least temporarily due to him demonstrating how to play this or that, or illustrating why a musician did what he did.</p><p></p><p>And yes, many of them ARE frivolous. Part of that has to do with the limitations on how many patterns there are that sound pleasing to human aesthetics. Part of that has to do with the information age’s technology making it easier to detect said patterns. Part of it is the desire to minimize entry barriers for initiating legitimate lawsuits perforce lowering those same barriers for the frivolous ones.</p><p></p><p>That last one is squarely on the legal profession. I strongly suspect that if the penalties for us attorneys wasting the courts’ time with frivolous/nuisance suits were a bit steeper, we’d see fewer of them.</p><p></p><p>The thing is, part of this litigious environment is ALSO due to the aftereffects of music piracy and the waning power of major labels as small-scale self-production becomes cheaper.</p><p></p><p>The latter phenomenon increased the percentage of the music industry being small labels and self-publishers, none of whom have the bankrolls Sony and the other big labels have to fight the former issue. Small operators HAVE to be aggressive in protecting themselves with C&Ds and takedowns because lawsuits STILL take time and money. Way back in the late 1990s, Ani Di Franco started producing her stuff in her own label. She found the time and effort she spent fighting piracy of her music was actually taking time away from creating it in the first place. It hasn’t really gotten better.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 8655504, member: 19675"] I agree that there’s more C&D letters and lawsuits in music than 20 years ago. There’s also a similar effect going on with YouTube takedown orders, especially for companies hiring musicians to demo their gear and people teaching techniques and music theory online. Rick Beato- a notable music producer- has had several of his vids taken down at least temporarily due to him demonstrating how to play this or that, or illustrating why a musician did what he did. And yes, many of them ARE frivolous. Part of that has to do with the limitations on how many patterns there are that sound pleasing to human aesthetics. Part of that has to do with the information age’s technology making it easier to detect said patterns. Part of it is the desire to minimize entry barriers for initiating legitimate lawsuits perforce lowering those same barriers for the frivolous ones. That last one is squarely on the legal profession. I strongly suspect that if the penalties for us attorneys wasting the courts’ time with frivolous/nuisance suits were a bit steeper, we’d see fewer of them. The thing is, part of this litigious environment is ALSO due to the aftereffects of music piracy and the waning power of major labels as small-scale self-production becomes cheaper. The latter phenomenon increased the percentage of the music industry being small labels and self-publishers, none of whom have the bankrolls Sony and the other big labels have to fight the former issue. Small operators HAVE to be aggressive in protecting themselves with C&Ds and takedowns because lawsuits STILL take time and money. Way back in the late 1990s, Ani Di Franco started producing her stuff in her own label. She found the time and effort she spent fighting piracy of her music was actually taking time away from creating it in the first place. It hasn’t really gotten better. [/QUOTE]
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