Comment by yason

Comment by yason a day ago

4 replies

As others have noted copyright duration is ridiculous. But more importantly it lacks severe counter-forces to balance out the explicit monopoly.

Since the point of copyright is to offer an incentive (to profit) from works it should be tightly tied to the market value of said works and the willingness of its owner to present them for sale.

If nobody keeps selling X there's no reason to let X enjoy the protection of copyright.

If X is kept for sale for the sake of keeping copyright alive but it's not really selling much that should also affect the nature of the copyright. For example, a minimum fee you have to pay annually to keep copyright going would cull out the works that are no longer commercially viable.

The fee could be proportional to the overall sales of the works so that if your works were a huge hit in the 80's but sales have trickled down to a minimum you'd have to pay more (from the profits you've obviously received over time) to keep it copyrighted (which would force you to balance your copyrights to your net income from current sales), but if you published an obscure album decades ago that never got much traction your fees would be negligible (but you'd still have a minimum fee you'd have to pay regardless) so you would be incentivized to give up the "protection" and make it cheaper for everyone to let it fall in public domain.

Further, the various aspects of copyright could be torn down in different timeframes. Let's say you wrote a successful book in 1963 which made money but no longer sells much. You probably wouldn't mind letting the copies of the book fall in public domain but if you could keep the option to hold onto copyright for derivative works in case someone wants to make a film out of the book you could do that (again, with annual fees, but these could be lower if the original book could be freely copied).

Or some other scheme. I could soon think of dozens if I wanted to but you get the idea. How about a tax on the sales of copyrighted works that starts from 0% but increases by some percentage point each year. You can profit first but as years go by you will have to start paying more and more to keep it going as the overall balance approaches unprofitability.

Copyright doesn't have to be a complete monopoly, it could have shades of gray. Sure there are exemptions already (such as fair use, in some countries, or right to make backups under certain conditions) but none of them address the commercial stronghold copyright allows for companies to keep works of art hostage for decades and eventually, for centuries.

jandrese 18 hours ago

At the very least a system like this might force publishers to not drop ebooks from their stores just because.

But others would point out that being able to not distribute a work is part of having the copyright. If a corporation doesn't want to sell old works because they want to encourage people to only buy new works then that's their right. The government saying that it's fair game simply because there's no legal option to purchase it is an infringement on their right to withhold the work from the public. They could even have a policy of destroying all copies of the work once it goes off sale to make sure it never enters the public domain, that's also within their rights.

  • joquarky 9 hours ago

    Why should someone have a right to void content?

    How does that "promote the Progress of Science and useful Arts"?

ssl-3 a day ago

> Since the point of copyright is to offer an incentive (to profit) from works it should be tightly tied to the market value of said works and the willingness of its owner to present them for sale.

> If nobody keeps selling X there's no reason to let X enjoy the protection of copyright.

Suppose Lucy paints original portraits of Barbra Streisand and sells them on eBay. She makes no copies of them; there are no copies of them for her to sell.

And Lucy is just a painter. She's not a printer. She's not a publisher. Again: Lucy only paints portraits of Barbra Streisand and sells them on eBay. That's all that she does.

But because Lucy isn't selling copies, then the portraits become public domain and anyone is free to copy them.

Why would that ever be a thing that encourages Lucy to paint more portraits of Barbra Streisand?

LtWorf a day ago

Yeah i think books that are out of print since decades should become public domain.