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But, crucially, these users will not be making a copy of those images. Instead, the images will be stored on the agency’s computers; each embedded image will include a credit and a link back to the Getty Images website, where higher-quality versions will be available to license.

Mr. Peters said the agency would be taking a liberal approach to the term “noncommercial,” including websites that carry ads, and even large commercial news sites that use the images to illustrate editorial content.

By retaining control, Getty Images could in the future take down those images down, or somehow incorporate advertising. YouTube, Google’s highly profitable video service, is a model, Mr. Peters said, in that its material is widely available via an embedding tool, and even the embedded videos can carry advertisements.

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Until the Sonny Bono Copyright Term Extension Act in 1998, films could generally enjoy 75 years of copyright protection. Anything that had fallen out by then, however, was understood to stay in the public domain. That alone covers a wealth of film history, including much of the work of foundational filmmakers including Griffiths and Keaton.

After 1923, public-domain challenges arise when the copyright is not renewed. Later Congressional extensions of copyright complicate the matter (and have been the subject of debate), but the initial period is crucial.

“Most commonly, a film’s copyright might not be renewed after its initial 28 years of protection had expired,” Michael Mashon, head of the moving image section at the Library of Congress, wrote in an email.

What you get for… $600,000 Explore an antique palazzo in Malta House hunting in … Austria He cited the examples of the Buster Keaton film “The General” (1926), “His Girl Friday,” “Meet John Doe” and “Nothing Sacred,” a 1937 screwball comedy starring Carole Lombard.

Other films didn’t follow basic rules for maintaining copyright. For instance, “The Night of the Living Dead” and “Carnival of Souls,” a Herk Harvey horror film that has since received a Criterion Collection release, both failed to display a copyright notice clearly enough in the credits.

That notification eventually ceased to be a requirement, but not before affecting Sam Peckinpah’s debut feature, “The Deadly Companions,” and “Charade.”

As a result of these lapses, many of the films proliferated in quick-and-dirty editions on home video.

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“While I applaud the spirit of the Vinyl Vaults project, the copyright laws of the United States are a significant obstacle to any such effort. Unfortunately for Amoeba and music fans, U.S. copyright laws governing music are antiquated. Basically, unless a music composition was published before 1923, most compositions remain under copyright until 2019 or later. Much of the types of work in the Vinyl Vaults project will likely be protected until 2067. Accordingly, any project such as Vinyl Vaults must give serious consideration to avoiding copyright infringement claims made by copyright owner(s).

Daar adds that the rare nature of the music in Vinyl Vaults provides no defence legally. “The United States copyright laws do not contemplate or provide an exemption for out of print music compositions. In addition, there is no legal excuse for infringement even if it is done in good faith and the money from the infringement is held in trust. Accordingly, unless Amoeba has the express permission of the correct copyright owner(s) it runs the risk of being liable for copyright infringement,” he says.

“U.S. law is far from clear on how to deal with orphaned works, which is music where there is no clear knowledge of ownership. With the Vinyl Vaults project, Amoeba is charging for each download of its digitised and remastered tracks. Amoeba may be acting above board in its claims that it first seeks to track down and obtain the permission of rights holders (assuming who owns the rights is going to be clear) and then hold in trust the money paid for downloads for those it cannot find. However, it would appear that for such tracks, Amoeba may be found guilty of infringement if a copyright owner came forward and brought a copyright infringement lawsuit.”

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“The releases are a response to a new European Union copyright law that will extend copyright protection to 70 years — but only for recordings that were published within 50 years after they were made. So in the case of the Beatles, the group’s 1963 debut album, “Please Please Me,” already benefits from the copyright extension, but the unreleased session tapes — unused versions of the same songs on the album — did not, hence the release. Similarly, the BBC performances released on “Live at the BBC” (1994) and “On Air — Live at the BBC, Vol. 2” (2013) — are protected, but they represent less than half of the 275 performances the Beatles recorded for the BBC between 1962 and 1965. Another 44 of those recordings are included in the set to be released on Tuesday.”

– http://app.nytimes.com/#2013/12/12/arts/european-copyright-laws-lead-to-rare-music-releases

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Even the judge, Denny Chin of the United States Court of Appeals for the Second Circuit, said during a September hearing on the case that his law clerks used Google Books for research.

“It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders,” Judge Chin wrote in his ruling. “Indeed, all society benefits.”

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– http://www.nytimes.com/2013/11/15/business/media/judge-sides-with-google-on-book-scanning-suit.html?ref=todayspaper

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In other words, efforts to simply eradicate piracy by shutting down sites can’t work. The internet moves too quickly, and has unlimited space for infringing sites to hide. This is a very strong admission for an industry-funded report, and one that shows the extrajudicial DNS blocking that SOPA would allow can’t work. Never mind the censorship concerns—killing websites that host infringing material, unwittingly or not, won’t kill piracy.

That on its own runs counter to the prevailing refrain in the copyright lobby. But what’s even more surprising is that the report offers an actual solution, as Techdirt adroitly pointed out: If you want to combat piracy, make your content available elsewhere.

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– http://motherboard.vice.com/blog/the-best-way-to-combat-piracy-is-to-make-movies-easier-to-watch

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