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So I've always leaned toward the "ends at death" model (if not sooner; I actually have tended to lean toward no IP protections) but I think you've raised a good
by derbOac 5y ago
So I've always leaned toward the "ends at death" model (if not sooner; I actually have tended to lean toward no IP protections) but I think you've raised a good argument and might have changed my mind.
However, can't you somehow create some legal mechanism for transferring rights on death to handle the sort of scenario you describe? This is, after all, the arguments about divorce settlements (Person A is supremely financially successful, but was supported by their spouse, so their spouse is heavily rewarded by the court). So couldn't you somehow smooth that process?
I tend to think copyright lengths are arbitrary except these kinds of arguments:
1. Death of the creator(s) -- or those supporting them, or designated by the creator(s) as you've outlined. People dream up all sorts of murder plots, but it seems like those kinds of incentives could be worked out.
2. Some decline in profits or failure to make available a product. That is, once the profit declines to a certain point, or if someone takes a product out of print, it enters the public domain.
You could also specify something based on averages. Like, the median product ceases to maintain X% of profit after Y years, so that becomes your copyright length.