Comment by mrec

Comment by mrec 21 hours ago

1 reply

> 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.)