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How about copyright reverts to its original duration of 14 years with an opt-in renewal for an additional 14 years? https://en.wikipedia.org/wiki/Copyright_law
by justinpombrio 4y ago
How about copyright reverts to its original duration of 14 years with an opt-in renewal for an additional 14 years?
https://en.wikipedia.org/wiki/Copyright_law_of_the_United_States#History https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St...
- halostatue 4y agoVarious treaties that have been signed and approved prevent that. Copyright longer than 14–28 years is not a bad thing, but copyright for longer than ~50 years is IMO questionable. I’d love to see some of those treaties renegotiated to limit copyright duration for Works for Hire (e.g., most software out there), but also to reduce the overall length of protection…BUT. I’d also love to see RAND compulsory licensing on copyright materials over a certain age…BUT. In Europe (not really recognized in the U.S., AIUI), there’s the moral right of the creator in addition to the copyright of the creator. This can be used by an author to prevent their work from being published (say, an author’s private letters that came into a publisher‘s hands) at least while they are alive. I think that’s important.
- Robotbeat 4y agoNope, there is no such moral right. It’s an artificial right we created (actually mostly taking away the natural right for people to free copy whatever). And then through corruption, ended up expanding to absurdity and locking it in via treaties and all the propaganda that the vast majority of people swallow whole and take it for granted like fish take water for granted.
- halostatue 4y agoThe European Union disagrees with your assertion, as do I.
- EntrePrescott 4y ago> the natural right for people to free copy whatever Practical as it may be, that's not a natural right but merely a physical possibility. More generally, the concept of natural rights - except for a very narrow niche of special subjects closely centered on the individual's own life and bodily autonomy - is a shortcut to total subjectivity at best. And even for that very narrow niche, the "rights" part is a normative civilizational convention/construct, whereas nature conspicuously ignores such "rights" (as do humans for the most part when it comes to other species)
- Robotbeat 4y agoThat’s a fast track to undermining any moral right whatsoever, including especially any claim about “copyright.” Copyright and IP actually are violating individual autonomy. It restricts what you can say or write.
- EntrePrescott 4y ago> That’s a fast track to undermining any moral right whatsoever What is? If you mean the absurd idea of wanting to base those on the murky and subjective notion of "natural" rights, then I fully agree. If on the other hand you mean the reminder that such subjective notions of "natural" rights are a shitty wobbly base for any moral rights (or most other rights as well for that matter) legislation, then no, not at all, quite to the contrary: The fact of being aware of what rights are (a civilizational norm that grants the individual the protection of their possibilities, as opposed to some inherently subjective notion that a physical possibility would somehow be more special than another because of a subjective view of "god" or "nature") is actually positive for individual autonomy… and a crucial part of enlightenment as far as the legal parts of civilization goes. In contrast, arguing for concepts based on what they believe to be "natural" is what reactionary forces do in order to restrict individual freedoms. Not so long ago, we had lots of discriminations based on that, e.g. on the idea that black people were "naturally" below white people, that women were "naturally" to obey some role models or that being gay way an abomination against "nature". Arguments based on ideas of "natural rights" have - outside of very narrow special subgect niches directly related to the individual's life and bodily autonomy - always been a major factor against individual freedoms. Of course that doesn't change the fact that legal systems can also come up with factors restricting individual freedoms based on totally unrelated factors. > It restricts what you can say or write so do laws against slander and laws against unconsented divulgation of personal data. Now don't get me wrong, I agree that the domain of copyright does need some reform. But it's clearly not as simple as just to remove everything that somehow restricts (be it copying and sharing of data or other possibilities). Otherwise any privacy laws and laws for data sovereignty and against unconsented divulgation of personal data would fall as well. They too are based on the legal concept that everyone has an ownership of their data. And more generally, laws about rights are almost always the result of a complex balance to find between the rights and possibilities of many sides.
- account42 4y agoThank you for identifying another huge issue with copyright: That it infringes the right of individual nations for self-determination.
- TylerE 4y agoAn idea I’ve always liked is increasing fees over time. Make it renewable in, say, 5 years terms after an initial ten year period. Double the price for each. So, everything has some prot cation, and valuable stuff can be protected for a long time (at a a cost). This would seem to strike a good balance… obscure stuff will enter the PD quickly, because the publisher isn’t going to pay even $100 for something they’ve forgotten about, while not kneecapping someone who has a massive breakout success.
- jurynulifcation 4y agoFees that scale on a linear, quadratic, or exponential schedule (or any other above-unity schedule) is a regressive tax. It would disproportionately harm smaller creators. I would run out of money for my IP far before Disney. Unless this scaling was also based on the amount of revenue produced thus far, it wouldn't achieve equitable aims. Even that proposition is dubious since Disney can afford better lawyers to parse the revenue streams to their benefit. Note that I'm not for the proposition of revenue-based scaling. That would just be a tax on success.