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http://arstechnica.com/uncategorized/2007/07/research-optimal-copyright-term-is-14-years/ http://arstechnica.com/uncategorized/2007/07/research-optima... The p

http://arstechnica.com/uncategorized/2007/07/research-optimal-copyright-term-is-14-years/ http://arstechnica.com/uncategorized/2007/07/research-optima... The purpose of copyright is explicitly stated to be "to promote the sciences and useful arts". Copyright's temporary monopoly over works is designed to compensate the author for having written them. Without public domain, there is no advancement, as future authors cannot build upon earlier works. If I ever reference the sword Excalibur, or the outlaw Robin Hood, or the raising of Lazarus, I am using cultural references. Under the reign of permanent copyright, these references, which can enrich a work considerably, would not be allowed. In 100 years, authors will not be allowed to make reference to Harry Potter, or Frodo, or Luke Skywalker, a great cultural loss.

anigbrowl 12y ago
It's a bit pedantic of me, but I think your argument has presented has a lot of holes. You can always write original work that doesn't depend on existing cultural references, and the ability to reference things is not as limited as you suggest. I can write an publish a book tomorrow in which a character reads a Harry Potter novel and muses on the content. What I can't do is write a book featuring Harry Potter, boy wizard, as a character, unless it's some sort of parody - but in that case I may well have to expend money and legal effort on defending against a lawsuit while a court decides whether the derivative work falls within some permissible exception. Incidentally JRR Tolkien died in 1973 so you'll be able to recycle characters from Lord of the Rings to your heart's content in 29 years as long as the law doesn't change; you just won't be able to use the footage from the movies or quote the script insofar as it differs from the novel. A literary parody has been around for a few decades already, I think it's called Bored of the Rings.
throwawaykf05 12y ago
> Without public domain, there is no advancement, as future authors cannot build upon earlier works. Uhh, literature does not work like technology. Authors can and do create entire universes out of whole cloth. Of course, they will be influenced by countless other works, but copyright has no bearing their unless it's a barefaced rip-off. In fact, I would guess that most creators want to create their own work rather than build on top of others'. Firstly, because of ego, because the work would be all their own. Secondly, this allows the maximum amount of creative ability without being shackled by a backstory that they had no influence on.

anigbrowl 12y ago

It's a bit pedantic of me, but I think your argument has presented has a lot of holes. You can always write original work that doesn't depend on existing cultural references, and the ability to reference things is not as limited as you suggest. I can write an publish a book tomorrow in which a character reads a Harry Potter novel and muses on the content. What I can't do is write a book featuring Harry Potter, boy wizard, as a character, unless it's some sort of parody - but in that case I may well have to expend money and legal effort on defending against a lawsuit while a court decides whether the derivative work falls within some permissible exception. Incidentally JRR Tolkien died in 1973 so you'll be able to recycle characters from Lord of the Rings to your heart's content in 29 years as long as the law doesn't change; you just won't be able to use the footage from the movies or quote the script insofar as it differs from the novel. A literary parody has been around for a few decades already, I think it's called Bored of the Rings.

throwawaykf05 12y ago

> Without public domain, there is no advancement, as future authors cannot build upon earlier works. Uhh, literature does not work like technology. Authors can and do create entire universes out of whole cloth. Of course, they will be influenced by countless other works, but copyright has no bearing their unless it's a barefaced rip-off. In fact, I would guess that most creators want to create their own work rather than build on top of others'. Firstly, because of ego, because the work would be all their own. Secondly, this allows the maximum amount of creative ability without being shackled by a backstory that they had no influence on.