Comment by mchusma

Comment by mchusma a day ago

117 replies

I love the original 14+14. I’ve heard proposals for exponentially growing fees to allow truly big enterprises to stay copywritten longer, like 14+14 with filing and $100, another 14 for $100,000, another 14 for $10M, another 14 for $100M. That would allow 70 years or protection for a few key pieces of IP that are worth it, which seems like an okay trade off?

So many ideas better than the current regime.

Aromasin a day ago

I think would diminish independent author rights. Quite often, a novel will become popular only decades after publishing, and I think the author should be able to profit on the fruits of their labour without wealthy corporations tarnishing their original IP, or creating TV shows and the link with no reperations to the creator.

Fantasy book are a good example. A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity. Good Omens main peak was ~15 years after release. Hell, some books like Handmaiden's Tale were published in 1985 but only reached their peak in 2010.

IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.

  • gwd a day ago

    > IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.

    I like Cory Doctorow's analogy: Artists are, to a large degree, at the mercy of big companies (publishers, music labels, etc), who have the leverage to force artists to sign over all of their rights. Giving artists more rights is like giving your kid more lunch money when it's being stolen by a bully: no matter how much money you give your kid in that situation it's not going to give him any lunch.

    • csallen 19 hours ago

      What's interesting is that this is true of all creators, not just artists.

      Making money means running a business, and running a business requires more than just creating something. You also have to identify a good market for that creation, and find a way to distribute to them, and provide a viable model for them to pay for it, and (the hardest part) out-compete all the other businesses who are doing the same.

      This is true for cooks. It's not good enough to create a meal. You have to also scope out the local market, find a good location, build a restaurant or a stand, attract customers, and sell your meals. And if you aren't willing to do that, then you either need to accept cooking for free, or going to work for a restaurant who's going to do all those hard parts and take the bulk of the profits.

      This is true for computer programmers. It's not good enough to write a program. You also have to build a business, find customers, attract them through ads or marketing or viral growth, collect credit carts, and sell your product. And if you aren't willing to do that, then you either need to accept coding things that make no money, or go to work for corporation or startup who will pay you a salary while collecting bigger profits.

      Etc.

      For some reason artists are the only group that makes a big stink about this situation, and feels that they should get the benefits of running a business without doing the work or taking the risk of running a business.

      • kmeisthax 15 hours ago

        Artists are not the only ones who make a stink about this; it's inherent to the capitalist mode of production. Everyone involved in a venture is risking something, but the law only rewards specific kinds of risk with equity ownership over the venture. Other kinds of risk are solely rewarded with monetary wages at sub-profit margins. That's why labor unions exist, and why the nation's elites work tirelessly to stop them.

        But with artists, there's a particular extra wrinkle, in that the law created a middle tier of reward specifically for the efforts of creative workers. Copyright was specifically intended to allow authors to have their own business ventures without necessarily having to share in the same risks that equity owners do. So, naturally, those equity owners all colluded with one another to steal this other form of equity and wear it as a second shell.

        • csallen 15 hours ago

          > the law only rewards specific kinds of risk with equity ownership over the venture

          I would argue that it's not solely the law rewarding that kind of risk, it's the market. There is no law that says that only equity owners can enjoy massive profits. Some employees get paid 7 figures, 8 figures, or more, even without equity.

          Generally speaking, the rewards go to the hardest parts, the riskiest parts, the parts with the least supply and the most demand.

          You are taking far more risk by being a business creator and blazing a new trail, than you are by studying a fixed set of knowledge and techniques to train to become a Front End Software Engineer or some other kind of well-defined high-demand pre-defined role. And the evidence for this is the fact that there are millions of people who've shaped themselves into that safer mould, and very few who have done the former.

          And this doesn't just apply to owners vs employees, it applies within each group, too. There are far more restauranteurs than search engine founders, as the former is simply a less risk and less competitive endeavor. (Competing with your local market vs competing with the world.) And artists who create unique works tend to earn a lot more than copycats. Artists who master rare skills tend to earn a lot more than people generating stuff off Midjourney. Etc. Risk tends to go hand-in-hand with reward.

          Of course there are exceptions, e.g. rent-seeking, sabotage, monopoly, collusion, etc. that can earn you a lot without you providing a lot of value or taking a lot of risk. And a huge role of the law is to make as much of this illegal as possible, to force people into more value-creating activities by process of elimination.

  • msabalau a day ago

    I don't know that A Game of Thrones is a good example, at all.

    The series was already remarkable commercial success before the TV adaptation. A Feast for Crows debuted at #1 on the NYT list in 2005.

    The series sold millions of copies prior to the TV series. That's more successful than the average successful Fantasy novel by orders of magnitude.

    If the books sold even more copies after being adapted, that's because HBO put the story on TV, not because of anything the author did.

    And, of course, even if the first book in the series lost it's copyright after 28 years (nearly three decades!), the all the rest of books in the series would still under copyright, and the HBO wouldn't be able to access the ending without the authors help, as it hasn't even been published yet. The most HBO could have done without Martin's involvement would have been to create glorified fan fiction, while leaving themselves open to lawsuits about any similarities to any later books in the series under copyright.

    Almost all the money almost any artist makes comes in the first 28 years. It is hard to see why we should deprive all of society from benefiting from using, building on, or remixing culture, to slightly increase the leverage that a handful of exceptionally rare winners get.

    An of course, there is a huge gap between 14+14 and today's maximalist copyright regime.

  • sp0rk a day ago

    > Fantasy book are a good example. A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity. Good Omens main peak was ~15 years after release. Hell, some books like Handmaiden's Tale were published in 1985 but only reached their peak in 2010.

    Using your example and the rules suggested in the grandparent post, GRRM's copyright would have been set to initially expire in 2024, where he would be able to pay $100k to renew it until 2038. Handmaiden's Tale works in a similar way, with the initial expiration in 2013.

    This still seems very reasonable to me.

    • bnj a day ago

      Keep in mind that under such a system, corporations would have a financial incentive to wait just a bit longer to do an adaptation

      • throw0101c 21 hours ago

        > Keep in mind that under such a system, corporations would have a financial incentive to wait just a bit longer to do an adaptation

        Meanwhile they are currently buying up IP and locking it up for decades in such a way that no one can build on it.

        Sherlock Holmes, who was created in the 1800s, only became public domain (but not all of it) a few years ago:

        * https://www.theguardian.com/world/2013/dec/27/sherlock-holme...

        * https://www.theatlantic.com/books/archive/2025/01/how-sherlo...

        BigCorps could do a lot of things under a new regime, but they are already doing shitty things. I'd rather deal with the current problems and then see if/what kind of new issues crop up, and then course-correct then.

      • wongarsu a day ago

        GRRM is already beating them at that game by publishing a new book in the series every couple decades. That might become a common tactic in such a copyright environment

      • ronsor a day ago

        I find it strange how people are so invested in spiting $BigCorpThatMightDoBadThing that they're willing to harm the public at large as well.

  • glimshe a day ago

    So add another 14 to the original 14+14, giving 42 years of maximum protection. That would cover your examples and require active renewal to send abandonware to the public domain earlier. I'd love to see shorter terms, but active renewal would already greatly enrich the public domain.

  • Pet_Ant a day ago

    > Hell, some books like Handmaiden's Tale were published in 1985

    It was already a classic by the year 2000 and Margaret Atwood has made more than enough money and was an icon even back then. I say this as a fan and someone who paid to meet her.

    Copyright should ensure that artists make a living, not enable them to make a killing.

    • mrguyorama 18 hours ago

      A person who wants to coast off the success of a single creation for eternity and not feel compelled to make future creations is not an artist.

      They are a capitalist.

      Artists create, despite the destitution, because they want to create and feel strongly compelled to create. Art is about that compulsion.

      An artist wants enough money to pay rent/mortgage, raise a family, have a hobby, not be in debt, etc. But when Daniel Hardcastle received 0 pounds from his book because the publisher was a scammy cunt, he doesn't stop writing because there's no money in it, he continues to write despite the lack of profit. Because that's what he feels compelled to do.

      When youtube made it impossible for animators to make money on Youtube, Arin Hanson (Egoraptor) started paying people to make animations out of his content, including people who started out doing it entirely without their permission. When many channels make pure profit from creating clip shows or compilations of their content, instead of throwing lawyers or the Youtube machine at those people, he paid someone to make official versions.

      Compare how those two jackwads acted (the fine brothers), trying to trademark the concept of a "reaction video", to all the different channels and groups that do "Power Hour" or variety content like Good Mythical Morning. They even joke about how they are all stealing from each other. They know that their audience is looking for their unique output, not a specific format, and that protecting such a format would be a waste for everyone.

      Because a real artist does not say "How dare you make better product with my formula", a real artist says "Aww man they used my formula to make something great, I should figure out how to make something great and up my game".

      The sin in artistry is someone taking your style or content and shamelessly stealing it because it's a profitable business, rather than riffing on it or iterating on it.

      Weird Al generally gets permission to do his work despite the law being clear that he does not have to because artistry is about respect and effort and collaboration.

      More importantly for copyright law, despite no legal protection for a "Power hour" format, many groups are able to profit off it simultaneously, because art is not some winner takes all market. Copyright is not about enabling you to profit off of a work indefinitely, copyright is about ensuring that Greedy McBusinessman cannot take your book and sell it for cheaper because he doesn't have to pay your rent and does that for a hundred other artists. It's about who owns the Rights to Copy a work.

  • raldi a day ago

    If a novel you wrote 15 years ago becomes hugely successful you can capitalize with a sequel. Maybe GRRM would have written them a little faster in that universe.

    • actionfromafar a day ago

      Or you can't because 57 new sequels were published the week before.

      • kshacker 15 hours ago

        How do the sequels affect this? I read this once more in the same discussion so I am curious.

        Let's assume the 1st book goes public. I should be able to use those characters and their known relationship in any which way, no? What's wrong with that, copyright wise?

      • StopDisinfo910 a day ago

        Have you noticed how the abundance of fan fictions have completely killed famous book series? Me neither.

      • Jolter a day ago

        For a novel of middling success, like Game of Thrones ca 2004, as is the argument here? Why would anyone write and publish that sequel? Nobody would buy it if it was not from the original author.

      • Aloisius 19 hours ago

        I mean, that sounds like a win from the point of view of copyright.

        The whole purpose of copyright is to promote the creation of new works after all. In GRRM's case, the more successful his works became, the less he wrote which is kind of the opposite of what copyright was intended to do.

  • jandrese 18 hours ago

    Game of Thrones and Good Omens would easily fit in the 14+14 model. Even Handmaid's Tale would be fine, although the new TV series would be outside of copyright. 28 years is still a long time in human terms, timespans longer than that are mostly beneficial only for effectively immortal corporations.

  • ssl-3 a day ago

    14+14=28 years. That minimum being proposed here is longer than a patent lasts for.

    Why should we protect the work of an author for a lengthier term than that of an inventor?

    (And remember: It's really not my problem, as a regular Joe, when an author or inventor creates something that doesn't catch on right away -- if at all. Success is not guaranteed.)

    • mrec 21 hours ago

      > Why should we protect the work of an author for a lengthier term than that of an inventor?

      Well, independently coming up with the same solution to a given problem is a lot more likely than independently writing the same novel. Personally, the chilling of independent invention is the thing I find most obnoxious about patents.

      • ssl-3 21 hours ago

        I might independently invent a cartoon character of a black mouse with a tan face that wears white gloves and red bibs and wish to publish a comic book featuring that character on the cover, but I'll never be able to do that -- no matter how long I wait: We have trademark law in the way.

        Trademarks can go away by various mechanisms, but they never automatically time out as a mere function of the calendar. As long as Disney keeps using Mickey Mouse, they will retain and defend this well-known trademark and others will most assuredly be forbidden from using it. It will be impossible for me to outlive The Walt Disney Company.

        The addition of copyright makes it all a double-whammy. Trademarks can already last as long as time itself; copyright doesn't also have to be that way at all.

        14+14=28 years is a Really Long Time to exclusively control a work. Would films like 1997's Donny Brasco and Jackie Brown really have never been made, do you suppose, if the creators knew that by the end of 2025 anyone would be able to copy them freely? I remember 1997 very well, and at that time 2025 seemed like something in the impossibly-distant future -- a lot like 2053 does today.

        (Also: Thanks for the reminder. I've independently invented a small (but non-zero) number of physical things that I've subsequently found to be patented. It's annoying when that happens, but I manage. I think one of those is timing out soon and I really should check on it.)

  • BeetleB a day ago

    > A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity.

    Sorry, but this is nonsense. Way before 2011 all my friends were telling me to read it. It was so popular that Neil Gaiman - before 2011 - wrote a famous blog post criticizing R R Martin fans for being upset that R R Martin was not giving a timeline for writing his next book (and implied he may never complete the series).

    It also consistently won some of the top awards prior to 2011.

  • superxpro12 17 hours ago

    14+14 seems to cover these two scenarios? Lifetime+whatever is far too on the other end of this seesaw.

  • marcosdumay a day ago

    > IP law was originally to protect artist and authors from the wealthy

    IP laws were created on the Modern Age (that is not, you know, our modern one) arguably to protect the technique of book copyists, and very probably to improve kingdoms taxation and control what knowledge the bourgeoisie could access... at that time when the bourgeoisie was a persecuted fringe group.

  • philipallstar a day ago

    > A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity

    Yes - the catalyst was the amazing (early on) TV series, and not the book.

    > IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.

    In the case of GoT, if the TV series had never happened then the popularity wouldn't have happened. The author's books got popularity based on other people's efforts.

    • nkrisc a day ago

      > The author's books got popularity based on other people's efforts.

      The author’s book got popular based on the efforts of others based on the author’s book.

      • cedilla a day ago

        That's true of course, but the book series wouldn't have become a cultural phenomenon that makes billions.

        Unlike, for probably the only example, Harry Potter, which was already a cultural phenomenon when the first film was announced.

      • philipallstar a day ago

        Yes, there was some stuff done that sold some books, and some more stuff done (under licence from the author) that sold waaaaaay more books (that goes to the author) and generates cash.

        What's the problem, I suppose? The author definitely did better out of the TV production than vice versa.

    • LtWorf a day ago

      Nah it was popular among people who read books long before the tv show.

      • philipallstar a day ago

        I read it too before the series came out, but it wasn't the same level of popularity.

    • poulpy123 a day ago

      > The author's books got popularity based on other people's efforts.

      LMAO the serie would not even exists if not of his books

  • pydry a day ago

    >IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.

    Im pretty sure that was always the sales pitch and never the intent.

    Similar to the Patriot act.

  • eesmith a day ago

    "Quite often" = actually quite rare. I think you greatly underestimate the number of new novels published each year.

    Your first two examples would have been covered under a 14+14 copyright period.

    I do not think a 28-year copyright period would have kept Atwood from writing The Handmaiden's Tale, do you? She was a millionaire by the time that copyright expired.

    I don't think looking at peak sales for outlying cases should affect copyright limits. When were peak sales for Shakespeare's Hamlet? Darwin's On the Origin of Species? Marx's Das Kapital?

    The justification for US copyright is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The problem you point out is that right can be transferred to publishers and others. Note that since 1978 it's possible for an author to terminate that transfer after 35 years, which is well after those peaks you mentioned.

    What you've not mentioned is the ability for other authors to build on existing ideas. Disney famously profited by re-telling public domain stories, but will come down on you if you re-tell their stories. Speaking of fantasy, you can now write stories which take place in Oz, but make sure it doesn't have ruby slippers as that's a detail from the movie, which is still under copyright.

  • mcny a day ago

    14 years is already too long.

    Also, IP is not real. It is a term we should avoid. Copyright and trademark have nothing to do with each other.

    • philipallstar a day ago

      IP is just the umbrella term for copyright/design/trademark/patent, isn't it?

      • eesmith a day ago

        It is. A common argument against using "intellectual property" is how beliefs about tangible property - land and objects - shouldn't be applied to copyright, patent, etc., so using the term is an implicit acceptance of a false narrative.

    • GaryBluto a day ago

      > IP is not real. It is a term we should avoid.

      Your opinion does not make that fact.

      • mcdonje a day ago

        The opinion that it is real is also not a fact. We're not talking about physical things. They're made up rules about made up things. It can all be different if we agree to make it so.

        IP isn't a concept that has existed in all cultures for all time. It's not inherent to group dynamics or humanity. It's not even a concept that's fully respected by cultures that claim to care about it.

        • 0xEF a day ago

          I'd push even further and say it encroaches, if not outright invades the conversation about who owns what data. Both are terribly muddy waters, to be sure, but something worth hashing out since we live in an age of information that is both accessible and under threat, so the real question is where do we want to collectively steer this ship?

      • psychoslave a day ago

        Law is all about enforced opinion on what others should say and do.

        Even property is a misnomer on that regard. The proper of someone is certainly more spontaneously matchable with one corpse. If anything, a land encompasses people, and someone psychological traits are indeed more property of the person but they can make it lasts through some expression of it only in external support which are distinct from their proper self.

mikkupikku a day ago

It should be the opposite. Independent artists should keep their rights for their natural lives, but if they sell their rights to a corporation the work will fall into public domain a reasonable number of years after that sale.

bryanrasmussen a day ago

I like it because Peter S. Beagle definitely didn't get screwed over enough in this world, in this other better world he would take it good and proper.

https://www.cartoonbrew.com/law/the-last-unicorn-author-pete...

Aside from that your way to help big corporations make sure they could keep their prime pieces of worthwhile IP just is, something else, let's put something in so big corporations can continue screwing people over if they think it is worthwhile, but the people who made something probably won't be able to afford to keep control, unless their last name were Rowling obviously.

finally, as always have to point out that while the argument about the purpose of copyright that is the stand of the U.S is not that which holds in the rest of the world, and as such it seems unlikely to translate to other countries - specifically EU ones - lowering their copyright rules and thus seems unlikely to have any practical effect since Media is an international business nowadays.

gwbas1c a day ago

I think we should mix in some compulsory licensing: IE, the copyright holder has exclusive rights for a period of time, and then afterwards there is a formula that's used to allow anyone to re-publish.

It will help handle abandonware where the rightsholder can't be bothered to publish something; tries to limit where something is published; or otherwise tries to hold the fee artificially high.

(This could be used, for example, to force a luddite to publish a book in electronic form, force a show that's locked into a single app to print a bluray, ect, ect. A copyright holder shouldn't have exclusive control over which media and stores sell their work.)

  • ssl-3 a day ago

    Let's work through this statutory licensing concept.

    A work is published. Sometime later, the entity that created it falls off the face of the earth. The work is thus very much abandoned, and it remains copyrighted anyway.

    But tomorrow, that work will enter the timeframe where anyone can pay to license and publish it however they wish. And it just so happens that you wish to license this work and publish it as an ebook because you're feeling trite or something.

    Who do you pay? How do you pay them?

    • ghssds 20 hours ago

      >Who do you pay? How do you pay them?

      Create a non-government copyright collective[0] that manage copyright unrelated to music (musicians already have their).

      0: https://en.wikipedia.org/wiki/Copyright_collective

      • ssl-3 20 hours ago

        That's somewhat hilarious.

        Last time I looked into trying to get pricing from ASCAP and BMI so I could legally stream some music for a small number of people, I found the following to be true:

        1. There is no public pricing. (Why? Because fuck you, that's why!)

        2. If I insisted, then the simplest way to get a price is to stream whatever I want and wait for a nasty letter from one or more lawyers that will most assuredly tell me how much I owe.

        3. The only safe way to proceed is not to play the game at all.

        That's gonna be a "no" on the cartels for me, boss. We might as well just throw all of the money and all of the copyrighted stuff into the memory hole for all the good they do.

        • gwbas1c 19 hours ago

          See if the scheme that BMG / Columbia house still works. (Apparently they would send a check to the rightsholder, and if they cashed it, it was considered payment.)

          (But don't quote me, I'm not an expert.)

    • gwbas1c 21 hours ago

      That's a good question. IMO:

      1: The formula dictates what you pay.

      2: The money goes into a government-controlled escrow account.

      At that point, the rights holder has a reasonable amount of time (years) to claim the money. Otherwise, if the rightsholder doesn't come forward, the money is forfeited.

      (What happens to the money at that point? I think this is a great thing for people to argue about while the rest of us get the kind of copyright reform we need.)

      (Likewise, what happens if the money gets refunded to someone impersonating the rights holder? That's also a wonderful thing to let people argue about while we get the kind of copyright reform we need.)

      • ssl-3 20 hours ago

        Those are great answers.

        I'd like to propose the following additions to help tie it all together:

        Copyright must be registered. Registration requires sending a digital copy to some officious government body, such as the Library of Congress, for preservation. (It used to be ~about this way; it can be this way again. Disk is cheap. Git and email both exist. It can be figured out.)

        This registration will be open and publicly-available to query (online, of course, but also by phone, and mail, and just by walking in the front door and asking), so the question of "Who to pay" is always easily answered.

        All forfeited money from licensing goes to help pay for the preservation of the collected works, and for the ongoing expense of providing the registration database. It won't be nearly enough to cover those expenses, and that's fine: This means that the balance always has a place to land.

        Copyright should not span generations. It should still time out completely, and do so after a period that is shorter than a normal human lifespan.

        If a person saw a film when they were 5 that they really enjoyed, and if they manage to live long enough, then they should eventually be able to walk into the Library of Congress, give them some money, and walk out with a physical copy of it, and be able to freely upload that copy of it to YouCloud for their great, great grandchildren (and indeed, the world) to see, and be able to do all of this without becoming a criminal.

        (How much money? Something in the realm of 15 Big Macs worth of dollars sounds about right.)

      • shagie 20 hours ago

        Which government? Who controls the account?

        How do I claim it?

        How does this work across national boundaries? (e.g. how does someone in Wakanda license a work created by someone in the US? How does someone in the US license a work created by someone in Wakanda?)

        What happens if the government refuses to pay me (or return the money to me after the period of time has elapsed)?

        What happens if the government refuses to acknowledge the escrow and uses the money themselves?

        ---

        I would contend that this suggestion puts too much faith in governments and their handling of money, record keeping, and not using financial tools to penalize individuals and countries.

    • [removed] 18 hours ago
      [deleted]
  • mrguyorama 18 hours ago

    A reasonable copyright term makes abandonware not a thing

    If copyright is hard stopped after 14 (or even 28) years, it doesn't matter whether the initial rightsholder dies or hates the world or refuses to do the legwork to make it accessible, they cannot stop anyone from distributing it anymore full stop.

    Abandonware is only a thing because of copyright.

    >A copyright holder shouldn't have exclusive control over which media and stores sell their work.

    This is the entire point of copyright. Abandonware is an intentional right of copyright. A creative SHOULD be able to say "Actually I don't want to sell this anymore"... at least until their rights run out after a decade or two. Copyright is NOT about giving third generation descendants of a creative profit from something that was made a century ago. Copyright is NOT about preventing people from playing around with intellectual property of an entire previous generation.

    Disney's existence is basically because of a formerly correct and right implementation of copyright. If Disney's copyright existed when they first started, they would have likely failed to be big. Large copyright timescales only hurt artists and the public.

    • zenoprax 17 hours ago

      I was about to respond to your comment yesterday about closed protocols but this is a better article!

      > A copyright holder shouldn't have exclusive control over which media and stores sell their work. > This is the entire point of copyright.

      Not only is the entire point, it is the thing that matters most when discussing "piracy" productively. Putting aside "you wouldn't download a car" jokes side, infringement on that exclusive right is only possible by distributing the media. "Consuming" intellectual property can never be piracy by definition because you are not providing anything.

      If Netflix screws up their licensing agreements and provides too many seasons of a show and people watch it no one would be considered "pirates". Netflix is simply in violation of a licensing agreement. If they had no agreement whatsoever then they are directly infringing on the "IP holders exclusive right to control the distribution and sale".

      • mrguyorama 13 hours ago

        >Putting aside "you wouldn't download a car" jokes side, infringement on that exclusive right is only possible by distributing the media.

        I don't know if I go that far, since copyright is literally about the right of exclusive control over copies, and piracy is making a copy without authorization.

        However, the advent of computers limited the "literalness" of that interpretation, and my understanding is that even without such consideration, many countries do not consider copying for personal use to be a breach of law. I am not in violation of copyright when copying a program from my hard drive to ram, and I think that would be true even if the proper owner of the copyright insisted otherwise.

basilikum a day ago

Why on earth would you do that? Why should copyright ever be extended after the fact for already being profitable? That only benefits huge corporations in the same way copyright already does, to the detriment of everyone else.

  • gwd a day ago

    It's basically a compromise. Many people hate the current situation (90 years for works-for-hire, life + 70 for people), and would love to return it to something like 14+14. But is that realistic? The money behind not doing that is massive, and I think most of the population have been conditioned by forever copyright to a degree that there will never be populist support for it.

    But there might be populist support for releasing old stuff that nobody's using. More people would agree, for instance, that it's preposterous that some game from the 80's can't be sold because nobody knows who owns it (but those who think they might own some part of it threaten to sue).

    And who knows, once people get used to the idea that copyrights aren't naturally forever, they'll be more amenable to the idea that they should be something more reasonable.

    • basilikum a day ago

      I don't think the problem is most people being against shorter copyright terms but simply them not caring. I don't think a compromise with the devil will change anything about that.

      • gwd a day ago

        Right; so according to your own assessment, for the "14+14 no extensions" thing , you're always going to have have "a minority of opinionated geeks" on one side, and "a minority of massively rich entrenched interests willing to fight tooth and nail for a gold mine" on the other side. You're never going to win that one.

        Whereas, for the "pay to extend copyright" thing, you have a minority of opinionated geeks and at least a little wider net of people who see the irrationality of not being able to watch a movie from 40 years ago that nobody's making any money off of any more, and politicians seeing a new source of tax revenue that doesn't affect voters; against it you have, "a minority of massively rich entrenched interests fighting for something not making them any money". There's at least a chance of winning this one.

        IOW, the choice is not, "Should we have 14+14 no extensions, or should we have pay-to-extend?" The choice is, "Should we have pay-to-extend, or the status quo?"

marcosdumay a day ago

> So many ideas better than the current regime.

Almost every idea is better than the current regime. Maybe even completely cancelling the concept. The same applies to patents, where there's no "maybe", cancelling the concept is clearly better than what we have.

The governments all over the world have been so incredibly corrupt since the 80s, that they managed to confiscate almost every public good in existence.

whycome 12 hours ago

Why No ip is created in a vacuum. It’s built on the ideas and concepts that came before it. It’s built on the shared open culture that we all own.

nathell a day ago

Which key pieces of IP are worth the exponential fees?

  • sd9 a day ago

    Something like Harry Potter must be worth more than $100M for 14 years, for example.

teddyh 20 hours ago

Nobody who uses the word “copywritten” can be taken seriously.

amelius a day ago

Corporations will just turn things into trademarks, like Disney did with Mickey Mouse.

mrguyorama 19 hours ago

>exponentially growing fees to allow truly big enterprises to stay copywritten longer

The problem with this concept is that things which are "worth it" to pay absurd fees to maintain long copyrights are the exact things which copyright is meant to revert to the public domain to mix in to future culture.

That's the point.

The idea that richer or more resourced members of a community should have more protections in the law is absurd. If you accidentally created a hit, too bad, you don't get to solely milk it for the rest of your life, and that's a good thing for economies and societies.

Letting you profit immensely for 90 years off a single work or creation is called stagnation and is bad, in the same way that we shouldn't be willing to let someone extend a patent forever just because it was effective.

Copyright ought to be for the little guy. The little guy should never have the resources to extend it past a short time frame. A little guy creative who is satisfied with milking the same thing for 30 years is, frankly, not a creative or artist and copyright is not intended to protect them.

Copyright is so you can live off the proceeds for a short while to spend time creating your next work. Copyright is not so you can profit for multiple generations off your work.

A reminder that any sort of inheritance of value or resources at all is inherently anti-meritocratic.

testdelacc1 a day ago

I like this system but it will make the rich richer. Disney will never have a problem paying the $100k or even $10M from something that is generating revenue. But the heirs of a mildly successful author won’t be able to, leaving those works to be harvested for free by Disney et al.

The current system, for all its faults, gives rich and poor the same benefits.

Keeping The Fellowship of the Ring by JRR Tolkien (published 1954) would have forced the Tolkien estate to pay $100k in 1982 on minimal revenues. Then $10M in 1996 in the hope that they would recoup it in a future film licensing agreement. Except no one would pay $10M+ to license it when they could just wait until 2010 to pay $0 and make it without any conditions being stipulated by the Tolkien estate.

So the Tolkien Estate would have let copyright lapse in 1996 and the eventual adaption would have grossed $900 million, of which they’d have seen $0. Followed by 2 more adaptations that grossed $1 billion each.

Edit: downvote if you want, but nothing I’ve said is inaccurate or incorrect.

  • martiuk a day ago

    The idea of an exponential fee is a good one, in what universe does a _single_ Disney IP become worth over $1T?

    • testdelacc1 a day ago

      Did you mean to reply to someone else? I agreed with Disney paying more. My issue is with small time authors being unable to afford the fee and people wanting to license the content just waiting out each 14 year term out to see if the author will renew instead of simply licensing it. The example I gave is the Lord of the Rings.

      The proposed system doesn’t affect Disney that much, but it will negatively affect small timers.