Marcos Sueiro wrote:
> Very interesting.
> In today's fluid world of digital media, sometimes I see two possible
> future outcomes: either doing away with copyright altogether, or an
> enforcement of intellectual property rights that will amount to a sort
> of "copyright police state." Could make a good science-fiction book.
It appears that the greatest threat is enforcement by self-censorship.
The second is that blatant disregard will spread from incidental
violation to wholesale disrespect. Now, I'll agree that the law as it
stands now is worthy of little more than contempt, but when that is made
obvious action is all but inevitable.
At some point, UCSB will realize that their posting of cylinders relies
on rational interpretation of law. Given the recent finding by the New
York Supreme Court, the 1923 'rule' does not apply. I'm sure no one will
complain at their posting pre-1924 recordings as out of copyright, but
when their own attorneys realize how the law has devolved, they will
pull the plug.
Action is taken against gross violators when they can be found, but that
applies to counterfeits of current films and CDs. An occasional
cease-and-desist letter can be expected, often with substantial
publicity for publicity, not for penalty.
Small-time copyright violation will go unnoticed especially if it is
short-term and does nothing to bring global attention to itself.
Currently in the field of classical vocal music, rights are being
trampled wholesale with a sort of competition among collectors for
infringing videos on YouTube and in podcasts. Those sites try to
transfer responsibility back to the perpetrators, but they are
participants in the 'criminal acts' and will be suppressed with the
It is not uncommon to find a clip on YouTube recorded from the audience
and posted without regard to anyone's rights. One example is
Using keyword opera, one finds many copies of a clip from a program of
the Toelzer Saengerknaben and many more of various treatments of Phantom
of the Opera. I think it's safe to say that no one has cleared rights
for any of those - and that eventually Webber or his publisher will take
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