Debating Copyright Extension In The UK

from the missing-the-point dept

Shane Richmond, who writes about technology and media for the Telegraph, recently handed over his blog to Martin Kretschmer and Horace Trubrudge for a debate about copyright extension (which is currently being discussed in the UK). Kretschmer is an intellectual property professor who is against copyright extension, while Trubrudge is the Assistant General Secretary of the British Musicians' Union, and (not surprisingly) favors copyright extension. You can read the back and forth as follows:

• Kretschmer: We must not inhibit digital creators :: Shane Richmond
• Trubrudge: I am here to fight the corner of the UK's musicians
• Kretschmer: Musicians should see themselves as part of a continuum of creative endeavour
• Trubrudge: It's time performers' moral rights were strengthened
• Kretschmer: Redistributing from the living to the dead
• Trubrudge: 'What have you got against Cliff Richard'?

Unfortunately, the debate is a bit haphazard and goes all over the place at times. Kretschmer, unfortunately, doesn't do a great job picking the key points for why copyright extension is bad and sticking to them (i.e., the fact that copyright is a deal struck between the public and the creator, and changing that deal at a later date steals from the public). Instead, he focuses on the fact that most of the money will go to the record labels and big name musicians -- which is a worthwhile point, but it leaves it open for Trubrudge to basically say, "so what?" Trubrudge's point is that even if the record labels and some big artists will benefit the most, other musicians will still benefit somewhat, and his job is merely to make sure that those artists benefit. He also pulls out the "moral rights" argument which is a total red herring.

It's too bad the debate went in that direction, as the question of copyright extension is a really important one -- especially considering that it breaks a contract that the public made with musicians on the terms under which that content was created. It also ignores how such extensions limit the ability of new artists to build on older works -- which is a key component to many newer artists creating their own unique works of art. As an example of this, I point (again) to James Boyle's excellent discussion on how Ray Charles invented soul music by effectively "ripping off" other musicians, and how others have then built on Charles' work. Stringent copyright protection at the time may have prevented soul music from ever coming about. There are plenty of similar examples as well -- but unfortunately the debate doesn't seem to touch on that aspect at all.

Filed Under: copyright, copyright extension, horace trubrudge, martin kretschmer, uk