Comment by this_was_posted
4 hours ago
Then just make it the rule that the copyright expires after 30 years or when the author dies, whichever comes last.
4 hours ago
Then just make it the rule that the copyright expires after 30 years or when the author dies, whichever comes last.
I am fine that estate gets to keep rights for whatever period is left. If estate is dissolved ofc rights would also end. So they can't be orphaned. Either someone has them or they are public domain.
Why not just 30 years? Patents get a flat 20.
Not that I'm arguing for 30 per se, just that I don't see what goals of copyright would be advanced more by adding an "or until death" complication.
For inventions if you don't make money off it in the first 20 years you are unlikely to ever make any money off it - as the invention space moves on.
That's not the same for a work of fiction or a piece of music. Case in point apparently books sales for the Odyssey are massively up - when it was originally written in 7-8 BC :-)
Also most books etc don't make much, if any money - an publisher/author might rely on a the cummulative effect of a number of revenue streams built over time.
Also the effect of exclusivity is different - for patents you are potentially blocking the area of innovation you have patented by your exclusivity.
That's not the same societal effect as somebody not being able to copy mickey mouse.
So they aren't exactly the same - however I'm not proposing a 3000 year copyright :-)
My personal preference is actually a flat 50 years. I think that if an author writes something at 25 and it doesn't blow up until they're 75, I think that's given them more than a fair chance to capitalize on it.
My real point though is that IMO, whatever duration we pick shouldn't depend on the creator. It would tend to undervalue their later creations, treats corporations differently from people in a way that doesn't seem relevant to copyright, and oddly might lead to the untimely demise of creators.
I find your Odyssey example to be relevant. Homer's death means people today can release their own translations or adaptations. I can find a public domain version from 100+ years ago, or a modern translator can profit from their work so that I can see their take. I can watch the Italian 1911 silent film version for free on youtube [0], or pay for Nolan's modern take. The expiry of copyright gives me options.
[0] https://www.youtube.com/watch?v=ZbR97hqfG2o
Well imagine you write a book in your 20s or 30s and it only becomes popular after a couple of decades. The publisher gets to pocket all the money.
Somebody decides to make a movie based on your book? You get nothing at all from it... The movie bit would be problematic even for books that were reasonably popular at the time. e.g the Witcher adaption came out almost exactly 20 years after the last book, for GOT it wasn't that far from being the case as well (at least for the initial volumes). Studios would be incentivized just to wait a couple of years to avoid paying anything.
I think it could be reasonably to have a fixed limit if the rights are held by corporations, though.