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United States Your Rights Online

Public Domain Enhancement Act petition 669

EricEldred writes "Please sign the petition and support the proposed Public Domain Enhancement Act. See eldred.cc for details. 'This statute would require American copyright owners to pay a very low fee (for example, $1) fifty years after a copyrighted work was published. If the owner pays the fee, the copyright will continue for whatever duration Congress sets. But if the copyright is not worth even $1 to the owner, then we believe the work should pass into the public domain.'" See the brief description of the Act if you aren't familiar with what Eldred and Lessig are proposing.
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Public Domain Enhancement Act petition

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  • automate it (Score:4, Insightful)

    by bluelip ( 123578 ) on Tuesday June 03, 2003 @03:17PM (#6108006) Homepage Journal
    Corporations will automate the process so they will never 'forget' to pay the buck.
  • Tacit approval (Score:4, Insightful)

    by Anonymous Coward on Tuesday June 03, 2003 @03:19PM (#6108022)
    Can't this be taken as a sign of tacit approval in the life-plus-fifty copyright that exists now? Is that what we want?
  • by oiuyt ( 128308 ) on Tuesday June 03, 2003 @03:19PM (#6108023)
    Most copywritten material ISN'T worth $1. Corporations can't afford to pay $1 for everything.
  • by Mysticalfruit ( 533341 ) on Tuesday June 03, 2003 @03:19PM (#6108030) Homepage Journal
    Paying a very low fee would make it non trivial for a company to just perpetuate it's copyrights.

    As it stands a few companies have tens of thousands of copyrights that their just sitting on for the sake of others not having access to them.

    If you set some low fee, it would just legitimize their sqandering of literary material.

  • by AlabamaMike ( 657318 ) * on Tuesday June 03, 2003 @03:20PM (#6108034) Journal
    So what? $1 after 50 years?!?! The problem still exists. Congress will grant copyright extensions ad infinitum to these companies who ensure that the members get elected. The concept of "public domain" has been completely eroded the last 70 years, and during our lifetime it will continue to erode. The framers of the constituion had the right idea, but their successors have perverted the concept to where it's no longer of any value. Long live piracy! ;)
    -A.M.
  • A novel approach (Score:5, Insightful)

    by TopShelf ( 92521 ) on Tuesday June 03, 2003 @03:20PM (#6108040) Homepage Journal
    This could the small end of the wedge that actually has a chance of sneaking in. By initially focusing on material that isn't comercially valued, this aims to get the maximum material entered into the public domain with the minimum resistance from the copyright holders. I, for one, am signing right up.
  • Infeasible (Score:5, Insightful)

    by howardjp ( 5458 ) on Tuesday June 03, 2003 @03:20PM (#6108041) Homepage
    This is completely at odds with current copyright law. Copyright law, under the Berne Convention, grants copyright immedietly upon creation of the work. There is no regisration requirement. Requiring registration on the backend is nonsensical and the Copyright Office will be unable to validate existence of a valid copyright when granting the extension.

    For instance, what prevents me from paying the dollar and renewing the copyright on "The Wizard of Oz" (movie, not the book, the book is public domain)?
  • Re:automate it (Score:5, Insightful)

    by diablochicken ( 445931 ) on Tuesday June 03, 2003 @03:22PM (#6108053) Homepage Journal
    And that's fine if they do -- if it's worth it to a company to automate the process, more power to them. That's not what this is for.

    This is to allow the works of artists and writers who have gone missing to become public domain, so that their books and such don't just sit around collecting dust (and potentially disappearing from the face of the earth). This would allow people to save obscure works by republishing them even if they can't contact the original author to get permission.

    This will become more and more important as the term for copyright gets extended indefinitely by congress, and we lose more and more works of brilliance to the dustbin of history.
  • Too Long (Score:3, Insightful)

    by Davak ( 526912 ) on Tuesday June 03, 2003 @03:22PM (#6108058) Homepage
    To allow unused copyrighted works to enter the public domain after 50 years, while allowing copyright owners the full protection of the established copyright term.

    Why wait 50 years? Heck if I have to pay to renew my domain name every few years... why not a copyright, too? Also, there's no reason why it should have to cost any money at all. Just fill out the paper work every 5-10 years.

    Likewise, if somebody in your behalf (children, their children, etc.) continues this tradition... I see no reason why the copyright should not legally be able to be maintained forever.

    Davak
  • by DarkSkiesAhead ( 562955 ) on Tuesday June 03, 2003 @03:22PM (#6108062)

    I doubt this would be effective because corporate copyright holders have already shown that they will fight to keep control of material which is no longer directly profitable. The issue is that if more material went into the public domain then the public would have free material to watch/listen instead of paying for something newer. It would be worth it for the MPAA/RIAA to renew for $1 or even $100 just to prevent this. What we need is a law setting a hard cap on the length of a copyright, and for a much more reasonable period of time.
  • by cleveland61 ( 321761 ) on Tuesday June 03, 2003 @03:24PM (#6108079)
    Think about how many works are *lost* to the public because it is no longer profitable for the owner to keep them published. Out of print books, movies and recordings should be in the public domian if the copyright owner isn't willing to keep them available for whatever reason. For those owners that wish to maintain thier copyrights, they can. But for others who don't care, why shouldn't the public get a crack at these?
  • Limited usefulness (Score:3, Insightful)

    by oiuyt ( 128308 ) on Tuesday June 03, 2003 @03:25PM (#6108082)
    This does nothing for the abusive cases where the corporations are getting ad infinitum extensions.


    It is useful for removing restrictions where the restrictions are merely there by default and not intent. A book that was written in the 40's where the author (and/or his/her heirs) doesn't care about the copywrite. Under the proposed system this would drop into PD even without the CW holder explicitly putting it there.


    That's a fairly minimal benefit, but at least it IS a benefit and by not destroying the money-maker (extending the rights period) perhaps this could get passed? No, why bother, it's still an added hassle for the corporations that are controlling the law changes.

  • by unicorn ( 8060 ) on Tuesday June 03, 2003 @03:27PM (#6108103)
    This isn't about legitimzing the length of the terms.

    It's about making it so that works that the copyright holder doesn't care about anymore, lapse into public domain after 50 years.

    As things stand now, the copyright is in force for the current excessively long term, even when the rights-holder is dead, buried, and forgotten. This is a minor tweak, to make it perfectly legitimate to re-publish "abandoned" works after 50 years, rather than the longer terms now in effect.
  • by tuffy ( 10202 ) on Tuesday June 03, 2003 @03:27PM (#6108104) Homepage Journal
    If the fee started at $1 after fifty years and doubled every 2-3 years after, eventually it would be highly unprofitable for the work to remain copyrighted. Which would encourage artists/companies/whoever to create new works. Which was the whole point of copyright to begin with.
  • by diablochicken ( 445931 ) on Tuesday June 03, 2003 @03:28PM (#6108116) Homepage Journal
    Companies are not the only entities that create copyrighted material -- individuals do, too. A small fee makes sure that you're not punishing people who can't afford to keep their works copyrighted. Making the fee large would actually work in favor of the large companies, since they would be the only ones with the money to pay hefty fees.
  • by Carbonite ( 183181 ) on Tuesday June 03, 2003 @03:28PM (#6108117)
    Corporations can't afford to pay $1 for everything.

    Sure they can.

    Any corporation that has 100 copyrights can certainly afford $100.

    Any corporation that has 1,000 copyrights can certainly afford $1,000.

    Any corporation that has 1,000,000 copyrights can certainly afford $1,000,000.

    I can't see any value at which a corporation couldn't afford $1 per copyright. Perhaps if it was $10,000/copyright or renewal was required every year (after the first 20 or so). In my opinion the only solution is to reduce the copyright length significantly.
  • by sulli ( 195030 ) * on Tuesday June 03, 2003 @03:30PM (#6108136) Journal
    Think of this as the copyright equivalent to the partial-birth abortion ban, or medical marijuana. (I'm talking political strategy only - please don't flame me on those particular subjects, thanks.) Start with something simple and relatively inoffensive, and then expand it from there.

    Either it passes, in which case the law is at least improved from the status quo, or it fails due to strong opposition, in which case the opponents are smoked out and shown to be fools in the public eye.

  • by AnriL ( 657435 ) on Tuesday June 03, 2003 @03:31PM (#6108157)
    I see a number of potential issues with the idea. First of all is the obvious automation of the renewal process which will make it easy to automatically extend the copyright. However, the $1 (or whatever) fee is per work, that is, a fee to keep a single artwork copyrighted. This is all fine and dandy for bookwriters and moviemakers with an expected total of works in the count of 10 to 20 in a lifetime. But consider photographers, who shoot thousands of photos a year, or quite likely much more. Do they have to pay for each of their photos?

    Stock photography might radically change in view of this idea ...

    Of course, you say, but the photographer will then have to choose among his best work and pick the ones for which he wants to keep the copyright! Blah. You can't resolve it like this. Suddenly you'll have poor artists who will be exploited because they didn't pay their copyright fee, and you'll have rich art whores who'll pay to have every single piece of their crap copyrighted.

    It won't work. You might as well decide to have the copyright last ten times as long as it took to create the particular artwork. So if it's a photo, say ten days at most. If it's a book, 10 years or thereabouts.
  • by raehl ( 609729 ) * <(moc.oohay) (ta) (113lhear)> on Tuesday June 03, 2003 @03:32PM (#6108169) Homepage
    Online petitions are worth the paper they are printed on. They're for idiots who want to feel like they're contributing to some cause, but are too lazy to actually do anything to contribute.

    If you want something, quit copping out and write or call your representative. Or better yet, pay them a visit when they're at their home office.
  • by ChristTrekker ( 91442 ) on Tuesday June 03, 2003 @03:33PM (#6108186)

    Make it $1 for the 51st year, and double every year thereafter. Some posters have already mentioned the "automated copyright for perpetuity" problem. If the copyright is still worth $1M after 71 years, fine, let them keep it. If it's still worth $1G after 81 years, fine, let them keep it. But copyright in perpetuity? C'mon...

    Thoughts and ideas are not born in a vacuum. The public domain contributed something to those thoughts and ideas, it's only fair to give back eventually. That's the whole idea of mentioning "limited times" in A1S8. Personally I think 50 years is already too long, 25 years should be sufficient.

  • even worse... (Score:5, Insightful)

    by djtack ( 545324 ) on Tuesday June 03, 2003 @03:33PM (#6108188)
    Can't this be taken as a sign of tacit approval in the life-plus-fifty copyright that exists now? Is that what we want?

    Even worse, it seems like it could open the door for endless copyright, as long as the owner continues to pay the fee. It seems to imply that only works with no commercial value are worthy of the public domain. This makes me a little uneasy...
  • one reason (Score:3, Insightful)

    by knowledgepeacewi ( 523787 ) on Tuesday June 03, 2003 @03:34PM (#6108195) Journal
    progress...If you allow copyright to avoid the public domain you end up with a nation of lazy idiots living off the endeavors of their ancestors.
    The society can't progress if the sons and daughters of our most brilliant citizens don't need to contribute.
  • by diablochicken ( 445931 ) on Tuesday June 03, 2003 @03:36PM (#6108217) Homepage Journal
    You're not going to change the laws that have already been passed -- there's too much money at stake and the lobbies are too powerful.

    At least this would mitigate some of the damage that's been done by allowing important, un-shepherded works to pass into public domain before the paper they're printed on crumbles into dust.

    Is it a perfect solution? No. But it does addres many of the major problems of Infinite Copyright.
  • Re:Infeasible (Score:2, Insightful)

    by PD ( 9577 ) * <slashdotlinux@pdrap.org> on Tuesday June 03, 2003 @03:37PM (#6108225) Homepage Journal
    1) Moderators on crack - this is not offtopic.

    2) The same mechanism that prevents you from selling your own VHS tapes of The Wizard of Oz will prevent you from renewing the copyright does not reassign the copyright. The copyright office will simply register that 1$ has been paid for the Wizard of Oz. If you want to send them a dollar, they'll record that fact. It won't assign the copyright to you.
  • Re:automate it (Score:4, Insightful)

    by shreak ( 248275 ) on Tuesday June 03, 2003 @03:38PM (#6108237)
    But will it always be a $1? Think about where this money would go. Into the hands of the US government, which means into the budget.

    Hmmm... We get about $10000, a year for expireing copyright extension. And these corperations are only paying a 1$ fee to make additional millions? Let's bump it to $1000/renewal and POW an extra 10Mil/year!

    At $1000 companies will have to think about what they want to keep.

    Sure you'll never see Mickey Mouse go out this way, but that's not the point. The point is there are 1000s of copyrighted things that the owner maintains, "just because". After all, if there's no cost to maintain ownership, why not maintain it?

    =Shreak
  • by travail_jgd ( 80602 ) on Tuesday June 03, 2003 @03:39PM (#6108257)
    That's not a good solution.

    It's possible now for companies to keep their content (books and CDs) available for purchase either online, or in small production run printings. "Use it or lose it" would mean that the copyright on those works would never expire (much like the current system).

    Don't limit "distribution" to dead-tree or plastic disk versions collecting dust on store shelves.
  • Re:automate it (Score:4, Insightful)

    by WPIDalamar ( 122110 ) on Tuesday June 03, 2003 @03:40PM (#6108263) Homepage
    Copyright protect the small guy too. It's more the act of doing *something*, not the associated cost that makes this a good idea.
  • Re:50 years ... (Score:2, Insightful)

    by Anti Frozt ( 655515 ) <chris...buffett@@@gmail...com> on Tuesday June 03, 2003 @03:42PM (#6108287)

    But this also goes against the spirit of competition as it grants you a monopoly on said design/creation.

    The whole point of there being a 50 year limit is to allow the creator time enough to collect profit and then pass the design/creation on to the public where anyone and everyone can use it freely.

  • by ReconRich ( 64368 ) on Tuesday June 03, 2003 @03:42PM (#6108289) Homepage
    The public are not OWED the works at all.

    Hold on now ! Copyright is a temporary monopoly granted an author/artist etc. as opposed to it belonging to the public to begin with. Its us (collectively) granting the favor here, not the other way around. What's proposed here is simply another kind of copyright limitation, of the the kind that already exist. Given that, in the US, copyrights can only be granted for "limited times", the public ARE owed the works (eventually), this law just redefines eventually.

    -- Rich
  • Public Good (Score:2, Insightful)

    by oiuyt ( 128308 ) on Tuesday June 03, 2003 @03:42PM (#6108290)
    For the same reason that a patent expires after 17 years. Yes, you invented the whatsit (or maybe "invented" doing it online). Great, you get a chance to profit from it. Then, for the greater public good we all get a chance to make whatsits too.
  • by vudujava ( 614609 ) on Tuesday June 03, 2003 @03:42PM (#6108291) Homepage
    Speaking as one who has literally put thousands of hours into writing a book, I have to ask where you get off telling me that there should be a hard cap on the limit of my copyright. Don't I have the right to profit for the rest of my life from my work? What about my children? What about my grandchildren?

    I don't care how long Disney holds on to the mouse. Just because you place no value on your work doesn't mean that the rest of us don't place value on ours.

  • by AuraSeer ( 409950 ) on Tuesday June 03, 2003 @03:43PM (#6108304)
    This has nothing to do with corporate copyrights or the Mickey Mouse problem. That's a completely separate issue.

    The reform is aimed at non-corporate copyrights, the stuff that no one will bother to renew. Say some author wrote a scholarly book in 1924, which is now considered to be important. Because it's still under copyright, people like Project Gutenberg [promo.net] cannot use, reprint, or archive it without the author's permission.

    After 80 years it'd be very difficult to legally acquire permission, even from the author's estate. He may have multiple generations of descendants, or no descendants at all, so it's nontrivial to figure out which party has legal authority over the work. For most purposes, getting permission to use the work is simply not feasible.

    This change to the law would fix that problem. After 50 years, if the author's heirs have stopped caring (or have just died out), the $1 will go unpaid and the book will become public domain. Scholars and archivers can do with it as they will. On the other hand, if the work is important enough that someone does bother to pay the $1, we'll know that the payor is the person with legal authority. Scholars and archivers will know exactly whom to ask for permission. Either way, we no longer have the problem of unused works gathering dust under unnecessary copyright.
  • by n.wegner ( 613340 ) on Tuesday June 03, 2003 @03:46PM (#6108333)
    I believe the framers of the constitution granted copyrights because they thought the creations should be for the public's benefit. If the creator gets a limited-time monopoly on their works, they are given incentive to create (and create more) and the public domain gets bigger and better. The framers thought that it's the publics right to (eventually) take those creations and do whatever they want with them, possibly with the hope that more creations would be made based on the initial ones. I think the burden of proof rests on you to show how the public isn't owed these works, since the constitution pretty much says that they are.
  • by zymurgy_cat ( 627260 ) on Tuesday June 03, 2003 @03:47PM (#6108350) Homepage
    I'd rather see "use it or lose it". If something that is copyright is not available from the copyright holder, it should (sooner, rather than later) be legal for it to be made available by someone else.

    what about the small copyright owner who may not have the resources to provide said material? suppose I write a book and self publish it. years from now, i'm unable to self publish it again due to economic reasons nor am i able to find a large publisher to market it.

    under the situation you propose, i could lose out to "someone else" such as a large publisher who could simply wait for the deadline. such a system would adversely affect copyright holders with limited means. larger holders could easily comply with a "use it or lose it" system and protect their property. everyone else is screwed.

    the end result of such a proposal would be that large companies and wealthy individuals would be the only ones who could protect their intellectual property. don't we have enough of that already?
  • Re:automate it (Score:3, Insightful)

    by Planesdragon ( 210349 ) <<su.enotsleetseltsac> <ta> <todhsals>> on Tuesday June 03, 2003 @03:47PM (#6108355) Homepage Journal
    Why should anyone inherit something they didn't create?

    Because they married the author, and aided in a significant way in its creation.

    Because they are children, and fundamentally supported by the author.

    Because the author wrote it on his or her deathbed, and as a moral nation we want to never make it profitable to "wait for the author to die."

    A better extreme law, IMO, would be to limit copyright to individuals, and not corporations.
  • by Zathrus ( 232140 ) on Tuesday June 03, 2003 @03:50PM (#6108385) Homepage
    The framers of the constituion had the right idea, but their successors have perverted the concept to where it's no longer of any value. Long live piracy! ;)

    Ok, so you're only pirating works that are more than 14 years old, or 28 years old with extention, right?

    Yeah, I didn't think so. Don't try to talk about being all high and mighty when you're just a cheapskate.

    The copyright laws have gone into the land of the absurd, but that doesn't mean to throw the baby out with the bathwater.
  • by tbase ( 666607 ) on Tuesday June 03, 2003 @03:52PM (#6108401)
    The problem with that is that it totally negates the (IMHO) most important part - making sure that the copyright owner's contact information is available to anyone who wants to try and licence it. As I see it, this isn't about making sure things eventually become free, but more about making sure things aren't lost because the copyright owner drops off the face of the Earth and the work is lost forever because no one can get permission to keep it alive.

    Suppose an author wrote a book 50 years ago, and he dies, leaving no heirs. Now suppose I don't like the ideas in that book, and I don't think it should be available. For $1, I can see that it doesn't become available for another 50 years.
  • Re:automate it (Score:5, Insightful)

    by WPIDalamar ( 122110 ) on Tuesday June 03, 2003 @03:53PM (#6108411) Homepage

    I would assume there would have to be a provision that stated WHEN the $1 could be paid.

    Perhaps something like "From the 48th to the 50th anniversary of the first creation of the work".
  • by Dominic_Mazzoni ( 125164 ) * on Tuesday June 03, 2003 @03:54PM (#6108425) Homepage
    I see a number of potential issues with the idea. First of all is the obvious automation of the renewal process which will make it easy to automatically extend the copyright. However, the $1 (or whatever) fee is per work, that is, a fee to keep a single artwork copyrighted. This is all fine and dandy for bookwriters and moviemakers with an expected total of works in the count of 10 to 20 in a lifetime. But consider photographers, who shoot thousands of photos a year, or quite likely much more. Do they have to pay for each of their photos?

    Yes, if they still want to claim copyright after 50 years!

    If someone is still making a profit off of a photo after 50 years, more power to them. I think it's highly unlikely that they'd feel the need to keep their copyright on the hundreds of thousands of photos they've taken.
  • by NortWind ( 575520 ) on Tuesday June 03, 2003 @03:55PM (#6108439)
    where you get off telling me that there should be a hard cap on the limit of my copyright?

    The fact that you can enjoy any copyright privileges at all is a gift from the nation to you. This is exclusive right is given to you in consideration for your agreement to place that work into the public domain at a later date.

    If you wish to truly protect your work, the answer is easy: never show it to anyone.

  • by program21 ( 469995 ) on Tuesday June 03, 2003 @03:57PM (#6108463) Homepage Journal
    Can you tell me WHY you feel your children and grandchildren deserve to profit from your work? When you try and reconcile that with the purpose of copyright in the US ("promot[ing] the progress of science and useful arts"), it doesn't make any sense.

    The purpose of copyright is to allow an author/creator the fair chance to make a profit for a while after he creates something. It's not to ensure that he/she makes a profit, or that his/her grandchildren have a chance to make a profit.

    Just because you consider your work to be perfect and deserving of eternal protection, doesn't make it true.
  • Re:Tacit approval (Score:3, Insightful)

    by TheRaven64 ( 641858 ) on Tuesday June 03, 2003 @03:58PM (#6108470) Journal
    The point of copyright was to give the original author an exclusive right to distribute copys. I would like to see an enhancement to the law that requires copyright holders to prove that they are distributing their work in order to qualify for the extended duration, so a book that was out of print could not be copyrighted, for example.

    Copyright exists as an incentive for individuals to create. From the point of view of society, there is no difference between an individual or corportation creating something and hiding it to them not creating it at all, so these should not be protected.

    Of course, there should be a reasonable lapse period, so if a publisher decides to drop a title then the author has some time to find an alternate distributor (or even post it on the Internet with a copyright notice prohibiting furthur distribution).

  • by yintercept ( 517362 ) on Tuesday June 03, 2003 @03:58PM (#6108473) Homepage Journal
    Variable copyright dates make it extremely difficult for people to know what is and what is not copyrighted. Since articles and storied might appear in multiple publications, there will probably be quite a few mistakes made where people think an item wasn't copyrighted because it appeared in volume XXX...while it was copyrighted as part of volume YYY.

    The fifty year limit sounds like an interesting start.
  • do you think.... (Score:2, Insightful)

    by tuber ( 678236 ) on Tuesday June 03, 2003 @03:58PM (#6108476)
    do you think there'd be a way to get this as a little button or something where people could sign the petition on the front page of slashdot so people don't forget about it once the news story goes off the first page? it just seems like a shame that something this important is 'just another news story.'
  • by Turing Machine ( 144300 ) on Tuesday June 03, 2003 @04:02PM (#6108510)
    I have to ask where you get off telling me that there should be a hard cap on the limit of my copyright

    Constitution of the United States, Article I, Section 8:

    The Congress shall have power to... to promote the progress of science and useful arts, by securing for
    limited times to authors and inventors the exclusive right to their respective writings and discoveries;



    That's who gets off telling you.
  • by bravehamster ( 44836 ) on Tuesday June 03, 2003 @04:06PM (#6108541) Homepage Journal
    Your analogy is deeply flawed. A better one would be:

    Say, ten years after you build your house, I copy your innovative design in building my own house. You've benefited from your design for years, now it's public domain and we should all get to build houses using the same design.

    To which I would certainly agree. Sound very reasonable, doesn't it?
  • by Harinezumi ( 603874 ) on Tuesday June 03, 2003 @04:08PM (#6108557)
    You seem to view intellectual property as a natural right. A large number of posters to this site (myself included) choose to disagree. Intellectual property as a concept has been derived from a set of laws that have been enacted to encourage the generation of information (books, code, widgets, etc) by giving authors and inventors a financial incentive. Now the question is, would you be more likely to write another book if you knew you could live off off your previous book for the rest of your life, or if you had to keep writing new ones in order to keep supporting yourself through writing? Moreover, where do your children come into the equation? They have done nothing to contribute to the creation of the book you've written, so why should they be entitled to keep collecting profits from it? If you so desire, you're free to put a fraction of your own profits from your book into trust funds for them, but that's about it.
  • duh, no! (Score:4, Insightful)

    by Xtifr ( 1323 ) on Tuesday June 03, 2003 @04:13PM (#6108606) Homepage
    Speaking as one who has literally put thousands of hours into writing a book...

    Speaking as one who has literally put thousands of hours into automobile maintenance, don't I have the right to profit from those automobiles for the rest of my life? No? Then what makes you so special?

    Just because you place no value on your work...

    I place a value on my work. And I get paid for it too. I just don't see any reason that my work should be a gravy-train I can ride in perpetuity. And I don't see any damn reason why yours should be either.
  • by jandrese ( 485 ) * <kensama@vt.edu> on Tuesday June 03, 2003 @04:19PM (#6108680) Homepage Journal
    You've missed the point of copyrights. Copyright law was originally written to provide an incentive to create by allowing a temporary monopoly on the created work. It should be quite obvious why this is a good idea, it allows people who aren't doing something that can make a profit directly to increase the base of human knowledge and beauty. The fact that artists can make a nice profit on the side is secondary to the true purpose of copyright.

    Now, if you extend copyright to cover your grandchildren, and your grandchildren's grandchildren, then you have effectively created a disincentive to create. many generations of people can add nothing to the nation and just sponge off of the greatness of their ancestors. This is obviously not what was intended when copyright was concieved, yet it is the direction we are headed in due to ill-advised extensions to Copyright law.

    The problem is that coperations (and some artists) see copyright as merely a tool for making money, not something that improves the human condition, and they lobby to make changes to the law that makes it more suited towards making money than encouraging artists to create. Would an average author go and find work in another field if Copyright only lasted 20 or 30 years instead of the 90?

    Oh, and nobody has a right to profit. They have a right to be treated according to the laws of the land, but there is no guarentee of profit.
  • by SnakeStu ( 60546 ) on Tuesday June 03, 2003 @04:20PM (#6108702) Homepage
    As I wrote when Lessig discussed this weeks (months?) ago, I disagree with this on a fundamental level. Yes, I've read the many comments that say this "isn't about legitimizing" grossly-long copyright durations, DRM, and other evidence of the imbalanced nature of copyright law today. But, the PATRIOT Act wasn't "about" violating the liberty that US citizens should, by design of those who brought the country into being, enjoy still today -- yet that is the end result. Should we compare what the DMCA was "about" versus the end result? I think you get the point.

    This will help solidify the imbalance already in effect, and it will not address any real problems. For the majority of the general public -- the supposed beneficiary of this proposal -- this will be meaningless. How many people will actually notice that some obscure work has slipped into the public domain? If a tree falls in the forest and there's nobody there to hear it...

    If the copyright owner really believes they deserve an extension, perhaps the burden should be on them to prove, in court, that their retention of their copyright is more important to the public than the release of their work into the public domain. That would be ultimately more meaningful than some silly administrative fee that wouldn't have any impact on copyright-protected works that the majority of the public would be interested in. It would also restore the balance (because at the expiration of the time limit, the benefit to the public becomes the primary interest), and presumably result in very few works actually staying out of the public domain.

    The key problem is imbalance, and this trivial fee notion does nothing to restore it.

  • by Shalda ( 560388 ) on Tuesday June 03, 2003 @04:25PM (#6108783) Homepage Journal
    Here's a better idea, make it more frequent, and logarithmic.

    After 10 years, pay $10
    After 20 years, pay $100
    After 30 years, pay $1,000
    After 40 years, pay $10,000
    After 50 years, pay $100,000
    After 60 years, pay $1,000,000

    Thus eventually, a work becomes no longer economically feasable to maintain, yet the artist still retins a fair amount of control. If Disney is willing to pay a billion dollar tax to maintain their Mickey Mouse monopoly after 70 years, power to them. I say billion, 'cuz there's a lot of derivative works they'd have to pay taxes on as well. :)
  • by be-fan ( 61476 ) on Tuesday June 03, 2003 @04:44PM (#6109035)
    Don't I have the right to profit for the rest of my life from my work?
    >>>>>>>>>>>>&g t;
    No. A man can work in the fields for thousands of hours, or work on a sculpture for thousands of hours, and profit from it only as much as he can do so directly. And after he sells his creation to someone else, he has no right to control what that person does with it. I don't see why a book should be any different.

    Now, our system of government is based on certain British, French, and German philosophies. In particular, it is assumed that in the state of nature, people are free to do whatever they want without external restrictions. It is only because the state of nature does not exist in a pure form that a government is allowed to make certain restrictions on everyone to protect the individual. Thus, your copyright is a favor the government has done for you, by restricting the right of everyone else to make as many copies as they want of pieces of paper. It is most definately *not* a right you are entitled to.
  • by Anonymous Coward on Tuesday June 03, 2003 @04:53PM (#6109125)
    People that research ideas for patents have no such luxury. They must capitalize on their work within about 20 years.

    Why can't copyright holders do the same?
  • by Steven Blanchley ( 655585 ) on Tuesday June 03, 2003 @04:53PM (#6109136)
    Does something need to be published in a physical form, like a book or CD? Or does putting it on a web site count?

    What if I put a copyrighted work (say a written work, in an HTML file) on a password-protected web server using HTTPS, and the password is known only to me? Then I certainly haven't published it. Now suppose there's no password, but only I know the URL and I haven't linked to it. Is it published yet? What if someone goes to http://www.mydomain.com/mystuff/menu.html, which is on search engines and linked from other sites, truncates it to http://www.mydomain.com/mystuff/, and gets a directory listing including my copyrighted work? What if there's no directory listing, but I tell the URL of the web site to one of my friends? What if the friend tells a bunch of other people and links to it; has he caused it to be "published"? What if I'm the only one who knows the URL and then I graffiti it on the wall of a public restroom (say a unisex one)? The general public can now access it if they want to, right? Suppose someone cracks my web server, finds the secret URL of my copyrighted work, and posts it on Slashdot where it can be seen by all; is it published yet?

    Similar dilemmas occur with physical media, as well. What if I make a backup copy of my unreleased copyrighted work on CD, and then the CD is stolen? What if I leave a few such CD's in a public park where anyone could get them? What if I try to sell people my CD's but no one buys any?

    And what if I make a great movie, but the only way anyone can see it is by coming to my house and paying admission. (Assume for the sake of simplicity that this doesn't violate zoning ordinances.) Is that publishing? What if I only let friends see it for free, but they decide to donate money?

    Not everything is "published" by a huge company that issues a press release and starts advertising it everywhere. As someone who's been in a few of the above situations (let's not get into which ones), I think they need to be considered.

    I intend to sign the petition anyway, because no copyrights will be lost before 50 years are up, which is too long anyway. (I believe an ideal copyright term would be somewhere from 15 to 20 years.) Still, I can see some ugly legal fights going on in the future if cases like the above aren't considered.
  • by gurps_npc ( 621217 ) on Tuesday June 03, 2003 @04:54PM (#6109149) Homepage
    Online petitions have one value only: they are a form of advertisement to tell people about the problem.

    Signing one of these things is WORSE than doing nothing.

    It gives you the feeling that you have accomplished something, making it less likely that you will do anythign about the problem. If you REALLY think this is a good idea, write a letter to your congressman, it will do a HUNDRED times more than signing this kind of online petition crap.

    But the idea itself is a bad idea. We need congress to put Reasonable limits on the greedy sscumbags that keep raising the copyright limit, not to simply try to pick off the cheap idiots.

  • by aaribaud ( 585182 ) on Tuesday June 03, 2003 @04:59PM (#6109203)
    I am not even sure what *I* will get for a living after I retire from over forty years of work, but I am sure my children will not get a cent from that. Why would revenues from copyright be any different?

    Okay, you may deserve the right to profit from you intellectual property. But if you want your children to profit off copyright, teach them how to write well, then tell them to write their *own* best sellers.

    I say copyright should go, if any, to the *creator* of the work.
  • Thousands of hours (Score:2, Insightful)

    by krysith ( 648105 ) on Tuesday June 03, 2003 @05:02PM (#6109241) Journal
    Speaking as someone who has put literally thousands of hours into building a deuteron collider, why should you get life+50 years, and I get 20 years? Inventors lose their rights after a limited time, and rightly so. Inventors have to pay fees to keep their patents from being considered 'abandoned'. What makes your 1000's of hours of work worthy of more time than mine? Aren't a few decades enough time for you to, in slashdot-ese, "4. Profit!!!" ?
  • It seems to me, this 'copyright tax'would destroy public domain.
    I sent them an email regrding my concerns, it follows:

    To whom it may concern,
    I have some question about your proposed 'Copyright tax'

    first,
    "So why wait 50 years? Why not impose the requirement after 7 years? Or 10 years?

    Obviously, we believe that would be better. But let's start with something that seems reasonable to all. It will make shorter terms seem more reasonable later on."

    If this should happen, I find it doubtful that it would be able to be changed. It would seem to me it is better to start off asking for 7 years, then settle for a lengthier time frame.

    Second,
    Don't corporations own copyrights as well? It would become part of the 'day to day' activities of running a corporations to automatically see if any copyrights need updating, then update them, regardless if they are making money or not. this would effectively keep works out of the public domain forever. even if the corporation should fail, another one will buy it's assets.

    I think it is a noble attempt, but counter productive. Perhaps 7 years, with a renewal fee every 7 years by the originator of the copyright, not the owner or licensor. Also make it so corporation can not be a copyright originator.
  • by Steven Blanchley ( 655585 ) on Tuesday June 03, 2003 @05:51PM (#6109717)
    Even if it's a single song, big deal. Few CD's have more than 15 songs these days. If a CD isn't expected to earn $15 profit in five years, might as well let the copyright expire already.
  • by Citizen of Earth ( 569446 ) on Tuesday June 03, 2003 @06:11PM (#6109896)
    However, if the copyrighted work is still generating revenue, or they have plans to republish it, then they CAN afford the token fee of $1.

    The obvious stratagem of the bill is to keep increasing the renewal fee until some equilibrium is found between to value of a work to the publishers and the value to the public domain. With a fifty-year free term, I think that the right renewal amount would be around $300K, indexed to inflation. And, there should be no distinction between individuals and corporations. Fifty years is plenty of time for you to commercially exploit your private creation for free. Most people don't even live for fifty years after their major creations.
  • by GlassHeart ( 579618 ) on Tuesday June 03, 2003 @07:50PM (#6110687) Journal
    Forgive if I'm reading you wrong, but you project an air of "we'll deign to allow you 'ownership' of 'your' work, which rightly belongs to our mighty collective".

    Let's talk about a world without copyright laws first.

    An author writes a novel. This novel is entirely her property, and if she locks it in a safe and never shows it to anyone, nobody can take it from her. On the other hand, she can't sue anybody for copying her story or characters, either.

    If she chooses to publish the work, then she can run into some problems. Some people will pay her for a copy of the book, but some will surely just reprint the book for cheaper. This forms a disincentive for her to publish, because it really does feel a lot like being taken unfair advantage of.

    Here, the State steps in. The author is given a monopoly, so that nobody may copy her work. In addition, she would be able to sue somebody who tried to write a very similar book afterwards. This now forms an incentive to publish.

    However, other authors and the public as a whole now suffers. The names you could use for characters and other copyrightable elements of a story will decrease as each work is published. In the distant future, it's possible that any non-trivial work will violate some copyright. This is clearly not beneficial to society, which is why copyright is usually a time-limited monopoly, not a perpetual one.

    Here's the important part: by publishing the work, the author implicitly agrees to the deal. If you don't want it to ever lapse into the public domain, don't publish it, or use some other form of enforceable protection (such as an NDA).

    The notion that the public is owed the work comes from the author or artist having taken advantage of the benefits of copyright. We aren't owed anything unpublished, but any published work is "owed", and should by right be given to us for free in some years. That's the deal.

  • Do I hear 5? (Score:2, Insightful)

    by nbahi15 ( 163501 ) on Wednesday June 04, 2003 @12:03AM (#6112056) Homepage
    Do I hear 5 years? 20 years is one quarter of your life. Way to long.
  • by kraada ( 300650 ) on Wednesday June 04, 2003 @11:34AM (#6115432)
    Now for the next X years the parents are continually reminded of the daughter they lost.
    If I were the parents, I would've asked that he send the 1$ to MADD or some other appropriate charity . . . I wouldn't want the reminder, and at least then the money would go to some appropriate cause . . .

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