Subject: Copyright thread? Copyright thread.
Author:
Posted on: 2017-12-04 11:03:00 UTC
My (current) thoughts on the appropriate length of the copyright term are "14 years and 14 more if you ask"1. Term starts at some sort of publication in this scheme.
The main reason for this is that, from what I can tell, 25-28ish (some subtleties of when you start counting from might eat a few years of the term for films and the like) years from when you've published something either:
a) It's sufficiently popular/enduring/... so as to have become part of the culture (LotR very much falls here) and therefore it should be available to the whole culture to interact with free of fear of lawsuit
b) It's effectively run its course as a thing you can sell, is probably out of print or equivalent), and the only people who still are interested are archivists and the twenty remaining fans (this is somewhat exaggerated but you get the point). In this case, the remaining audience should have the right to preserve and propagate the thing since it's (near-)abandoned by the copyright holder.
c) Sleeping hits, where no one cared initially but then decades later everyone wants to buy the thing. That is, cases where almost all of the royalties would be acquired after the 28 year mark if the copyright term were longer.
I claim that case c) is extremely unlikely, and that the law should not be optimized for it. In both a) and b), the publisher/author/... have gotten their well-deserved $, and it has become time for the public's interest in having artistic works available to override the creator's interest in getting paid.
Furthermore, a shorter copyright term is an incentive for people to make more stuff because they can't just sit on their one success forever.
However, we might want to allow a non-corporate creator control over their universe and the right to live off their one big hit, so a "life of the author OR 14 + 14, whichever's longer" term could be good. Than one bit's a complicated issue.
[1]: It should be noted that I want with 14 as opposed to some other small two-digit number like 15 because that's what it used to be ages back.
- Tomash