Back to Back-to-Back Bach

Here's some good news:

You can download for free the complete organ works of Johann Sebastian Bach. They were recorded by Dr. James Kibbie (University of Michigan) on original baroque organs in Leipzig, Germany. Start with a collection of Favorite Masterworks, or get the complete works that have been divided into 13 groups for easy download.

It's certainly wonderful that everyone can now enjoy the greatest organ works ever written, but there are a couple of points worth noting here.

First, it's not clear what licence is being used for these recordings: there's no mention of Creative Commons options anywhere, so presumably they are under normal copyright, but freely released. That's not ideal, since it limits what can be done with them.

The other thing is that it's extraordinary that such a move is extraordinary. These works were written at a time when music copyright did not exist, and have in any case been in the public domain for hundreds of years. So why is it only now that people can download them in this way?

It is a mark of a civilised society that everyone has free access to its cultural treasures to study and perhaps build upon. The fact that we only have that now for one part of one composer's legacy is truly damning. The reason people don't have instant access to all music is, of course, copyright. Its deadening hand means that not only are copyright works rigorously locked down, but that performances of works in the public domain also rarely get released freely, partly because yet more copyright artefacts are created by such contemporary recreations.

This latest news about Dr Kibbie's generous move only emphasises how poor we really are when it comes to enjoying the immense riches of our culture. (Via @timbray.)

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Copywrong

The Open Rights Group has a great story about an eminent intellectual monopoly academic giving the lie to the current European Commission proposals to *extend* the copyright term granted to sound recordings, when all the evidence suggests they should be *reduced*:

When the European Commission put forward their proposal to retrospectively extend the copyright term granted to sound recordings, locking away vast swathes of our cultural heritage in a commercial vacuum for 45 years, it was clear that they had rejected all the expert evidence in favour of voodoo economics.

Now Professor Bernt Hugenholtz has written a letter to Commission President Jose Manuel Barroso asking why. Huggenholtz, Director of the Institute for Information Law (IViR), which was tasked by the European Commission to look into the arguments for and against extending copyright term, says his team were “surprised” to discover that their studies had been completely ignored, and that statements the Commission have made that “there was no need for external expertise” in drafting the proposal were “patently untrue”.

Love the voodoo economics bit.

Copyright Moves from Reason to Emotion

Interesting discussion of the proposed extension to sound copyright, including the following:

In setting up the rationalist background of his title, Professor Bently noted that the 2004 EC Staff Working Paper, the Gowers Report, and the EC-commissioned IVIR report had all approached the question rationally, with evidence-based and economic reasoning. Each had come out against extension.

Also worth noting is this comment from the other side:

He challenged the economic evidence against extension, relying on counter-examples in a PwC report which had failed to identify any significant pricing difference between copyright and out-of-copyright music. To illustrate this point, he observed that iTunes charge 79p a track regardless of the existence of sound recording protection or lack thereof, and concluded that extending copyright would not act to the disbenefit of consumers.

Not for consumers, maybe, but what about that new group - those who want to *re-use* material? Plenty of disbenefit for them....

Sounding Off Against Sound Copyright

Talking of petitions, here's one against extending the copyright in sound recordings, open to anyone. It includes the following excellent summary of what we're fighting for:

Copyright is a bargain. In exchange for their investment in creating and distributing sound recordings to the public, copyright holders are granted a limited monopoly during which are allowed to control the use of those recordings. This includes the right to pursue anyone who uses their recordings without permission. But when this time is up, these works join Goethe, Hugo and Shakespeare in the proper place for all human culture – the public domain. In practice, because of repeated term extensions and the relatively short time in which sound recording techniques have been available, there are no public domain sound recordings.

This situation is about to change, as tracks from the first golden age of recorded sound reach the end of their copyright term. The public domain is about to benefit from its half of this bargain. Seminal soul, reggae, and rock and roll recordings will soon be freed from legal restrictions, allowing anyone (including the performers themselves and their heirs) to preserve, reissue, and remix them.

Major record labels want to keep control of sound recordings well beyond the current 50 year term so that they can continue to make marginal profits from the few recordings that are still commercially viable half a century after they were laid down. Yet if the balance of copyright tips in their favour, it will damage the music industry as a whole, and also individual artists, libraries, academics, businesses and the public.

The labels lobby for change, but have yet to publicly present any compelling economic evidence to support their case. What evidence does exist shows clearly that extending term will discourage innovation, stunt the reissues market, and irrevocably damage future artists' and the general public's access to their cultural heritage.

As Europe looks to the creative industries for its economic future, it is faced with a choice. It can agree to extend the copyright term in sound recordings for the sake of a few major record labels. Or it can allow sound recordings to enter the public domain at the end of fifty years for the benefit of future innovation, future prosperity and the public good.

Willy Nilly, Ageing Rocker Gets With It

Sir Cliff Richard, Tony's bosom pal, was one of the leading, er, lights in the effort to extend the sound copyright to a mere 95 years, instead of the current 50. Happily, that failed, but it's nonetheless surprising to see the music of the said musical knight being used for a nice bit of innovative thinking from EMI, one of the few music companies that seems to get it:

Benefiting from one of the first new digital directions from the new owners of EMI, from today, his latest album Love, The Album, goes for sale via online pre-order at £7.99 - with the price dropping the more fans make the purchase. The collection has a floor minimum of £3.99 and, no matter when a customer pre-ordered, they'll only pay the lowest final price.