4 ms·
This problem has already been "solved". In drug companies, making new a drug is extremely expensive, but once you have the formula, it is (usually) very cheap t
by rackjack 5y ago
This problem has already been "solved". In drug companies, making new a drug is extremely expensive, but once you have the formula, it is (usually) very cheap to produce. So the government gives the maker of a new drug a patent for some number of years. Enough to milk the formula for cash, while still forcing innovation once it expires and rest of the companies start making it. These patents also prevent derivative works.
The problem with intellectual property (I might be mixing copyright and intellectual property here, if I am, my apologies) is that by preventing derivative works while also having a near infinite lifespan, it absolutely crushes any kind of creative innovation. IMO the lifespan of intellectual property should be 40-50 years, reduced when going to market, similar to how drug patents work. This lets smaller creators who don't have the vast war chests of literal drug companies to make a good living off of it, while still allowing for innovation for the next (or next next) generation.
The REAL problem is that Disney and such have been lobbying for extending copyright and IP protections. I think we're up to nearly 100 years now.
https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
- hitpointdrew 5y ago40-50 years in software is an eternity, it should be MUCH lower than that like 10-15. There is zero reason that Windows 3.1, Windows 95, and Windows 98 should be protected by any copyright/patent at this point. All of those should be in the public domain by now.
- EamonnMR 5y agoIf IP expired quickly like patents we wouldn't be subjected to so many franchise films and that would be a huge win.
- omarhaneef 5y agoWouldn’t we have more franchise films since anyone could make one? We might get more cross overs too (x men vs teen titans)
- PaulHoule 5y agoI think of "Romance of the Three Kingdoms" as the oldest set of franchise characters and I'm amazed at how many movies have been made from Les Liases Dangereuses.
- EamonnMR 5y agoWithout the "only we can make it" factor, studios with the budget to market them would be less compelled to make and market them. Sure, anyone could make another Spiderman movie, but at least I wouldn't have to hear about it.
- PaulHoule 5y agoThe current regime has the most pernicious impact on books as opposed to movies. For the most part Disney has done a good job with Marvel films, and one can easily find many "arthouse" films which are just awful. Yet, for an author, the real money is in the film rights. If they are commercially motivated, the books themselves are an afterthought.
- WalterBright 5y agoCopyright lifetime should be limited to 10 years. I speak as someone who's business relies on copyright.
- rackjack 5y agoCould you explain more? I was mainly thinking of the small creator who might bang out one or two great works over a lifetime when I was considering the 40-50 year lifespan, reduced when going to market. Wouldn't 10 years be too short?
- WalterBright 5y agoIf it's great work, the vast bulk of the revenue you get from it will be in the first couple years.
- rackjack 5y agoI see, thank you.
- PaulHoule 5y agoIt's well established that patents work for drugs in the sense that drug companies make a tremendous investment in developing drugs. For other things the case is less clear. For instance fighting between Curtis Aircraft and the Wright Brothers held back the U.S. Aircraft industry for a decade until the Government saw it being a crisis in WWI.
- Damian111 5y agoI work in the patent field, mostly in technology patent (5G, wireless, IoT, etc...) Patents in tech from what I know are valid for 20 years and that includes all countries that operate with PCT (patent cooperation treaty) https://www.wipo.int/pct/en/ https://www.wipo.int/pct/en/ Most countries you could think off operate within PCT laws. While I had heard about the Mickey Mouse treaty I never dug into it too much, there are different patent for different stuff I think the personal protection characters that are the face of something (like Mickey Mouse) are some of the most outrageous long term patent. But for technology most patent only last 20 years and while I won't get into the nitty gritty of how patent protection works its mostly done to protect big companies from spending alot of money on RnD and then having there competitors steal the done invention and profit from it. Big techs are in general lenient when a pop a mom shop infringes on an ip within the 20 years period. Just wanted to clear things up, most inventions that you guys could think up that would be patentable are only for 20 years not 100.
- specialist 5y ago> So the government gives the maker of a new drug a patent for some number of years. Noob question: Why aren't patents treated like govt issued licenses, leases? Want exclusive use of airwaves, water, mining, catchy song, clever idea, whatever? Terrific. Pay up. Set the price at just over reasonable. To prevent people from frivolously camping on stuff to exclude others from using it. Economists are smart about setting price. Auctions for stuff that's hard to price (airwaves). Boilerplate for bog standard stuff (trademarks, songs). Whatever works. With some clever veto points to thwart regulatory capture.
- sizzle 5y agoWhat about making biosimilars once a drug is discovered and patented, biosimilars can be made that are similar but different enough.
- metalliqaz 5y agoDrugs are a bad example. There exists no free market for drugs. When the choices are buy a patented drug or die, then the price becomes unethical very quickly.