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The fairest idea I've come across concerning protecting copyrighted works from falling into the public domain is actually pretty simple: tax exclusivity after t

The fairest idea I've come across concerning protecting copyrighted works from falling into the public domain is actually pretty simple: tax exclusivity after the initial 30 years has elapsed. If this tax is non-negligible, companies will be obliged to keep only their best IPs protected and will let everything else fall into the public domain. The government taxes every other kind of property, so why not IP? Additionally, keeping created works out of the public domain is essentially a tax on the public; this intellectual levy placed on everyone should be balanced by a reinvestment in favor of public interests. If Disney wants to keep Mickey Mouse out of the public domain, they should pay a yearly fee to prevent it from becoming public property. They'd more than make up for it with the revenue they garner. I think that this would also encourage less wasteful use of copyrighted properties.

SomeCallMeTim 13y ago
Not just tax, but TRACK anything that you want to keep protected. Many books, movies, photos, and other IP instances out there are difficult to track down solid ownership info for. Sometimes the contracts surrounding the IP are so complex as to make it impossible for even a trained IP lawyer to determine who owns what. In some cases even IP claimed by a particular company may not be valid [1]. If there were a national registry that listed who owned what rights to a particular property, and you had to pay to be included (maybe the initial copyright registration pays for the first X years, but after that you have to continue to pay to continue your protection), it could not only clarify who "owns" what, it could list those people who had specific sub-licenses to the property in question, and what the details of their licenses are. To help combat orphan works, you can throw in one other important requirement: Even if we give them X years (30 or otherwise) for the initial registration requirement, they would also need to keep their contact information current at all times, on pain of losing their registration. If you try the forms of contact and get wrong numbers and returned letters, then you report that fact to the copyright registry, and if THEY can't contact the owners within, say, 60 days, then ALL the copyrights owned by that entity get released. I know of some properties (old games in particular) that have such confused licensing surrounding them (with companies buying "rights" in large packages and then ignoring them, or the companies closing down with no clear record of who ended up purchasing those particular rights...) that they are languishing in limbo. No one can make a sequel, no one can republish them on new platforms... With a registry, you could look to see WHO is currently paying the upkeep fee, and with the "keep your contact info public" requirement, at least you'd be guaranteed that you'd be able to contact the current rights holder. [1] http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-strip-happy-birthday-to-you-of-its-copyright.html?_r=0 http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-s...

SomeCallMeTim 13y ago

Not just tax, but TRACK anything that you want to keep protected. Many books, movies, photos, and other IP instances out there are difficult to track down solid ownership info for. Sometimes the contracts surrounding the IP are so complex as to make it impossible for even a trained IP lawyer to determine who owns what. In some cases even IP claimed by a particular company may not be valid [1]. If there were a national registry that listed who owned what rights to a particular property, and you had to pay to be included (maybe the initial copyright registration pays for the first X years, but after that you have to continue to pay to continue your protection), it could not only clarify who "owns" what, it could list those people who had specific sub-licenses to the property in question, and what the details of their licenses are. To help combat orphan works, you can throw in one other important requirement: Even if we give them X years (30 or otherwise) for the initial registration requirement, they would also need to keep their contact information current at all times, on pain of losing their registration. If you try the forms of contact and get wrong numbers and returned letters, then you report that fact to the copyright registry, and if THEY can't contact the owners within, say, 60 days, then ALL the copyrights owned by that entity get released. I know of some properties (old games in particular) that have such confused licensing surrounding them (with companies buying "rights" in large packages and then ignoring them, or the companies closing down with no clear record of who ended up purchasing those particular rights...) that they are languishing in limbo. No one can make a sequel, no one can republish them on new platforms... With a registry, you could look to see WHO is currently paying the upkeep fee, and with the "keep your contact info public" requirement, at least you'd be guaranteed that you'd be able to contact the current rights holder. [1] http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-strip-happy-birthday-to-you-of-its-copyright.html?_r=0 http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-s...