[dvd-discuss] Gaming the system (was: Specific ironies of the CTEA)

[John Schulien <schulien(at)speakeasy.net>]

 > Interesting. Suppose the recording enters the public domain, before the
 > song does. Technically, the recording is a derivative work of the song.
 > If an individual chooses to distribute the now PD recording, could his
 > actions be thwarted by the songwriter's estate?

Sure, and here's how I would explain it.

It's a common misconception that copyright "gives the holder the right to
make copies."  This is untrue.  Copyright doesn't give you the "right" to
do anything except to exclude others from repeating or building upon
your work.  Copyright is a power of censorship.

In this case, the recording has two parties who each individually
have the right to stop others from copying or distributing the work.
One loses their copyright, or right of censorship, due to expiration,
while the other retains it.  The result is that instead of two "blocks"
on the work, there is now only one block.  When the second copyright
expires, there will be no blocks on the work, and anyone can distribute
or copy it.