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Sherlock Holmes Is in the Public Domain, American Judge Rules

artsbeat.blogs.nytimes.com

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Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#21

Post by dragonwriter »

praxulus wrote: post #16
Moto7451 wrote: post #10

Earlier quoted context omitted.

I'm guessing we'll be seeing another one of these before then: http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? I don't think it's unreasonable for Disney to still hold copyright on Mickey Mouse (that might be the nostalgia talking), but there are plenty of creations from much more recent times that have long overstayed their welcome in th…

> Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years?

Periodic -- say, every 7 years -- renewals with exponentially increasing costs to renew.

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#22

Post by davidw »

I'm in favor of IP laws, including copyright, but with the idea of creating incentives for people to create. Putting Sherlock Holmes in the public domain is probably not going to have much effect on Arthur Conan-Doyle's writing output, though, so it's probably a good thing at this point.

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#24

Post by mullingitover »

praxulus wrote: post #16
Moto7451 wrote: post #10

Earlier quoted context omitted.

I'm guessing we'll be seeing another one of these before then: http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? I don't think it's unreasonable for Disney to still hold copyright on Mickey Mouse (that might be the nostalgia talking), but there are plenty of creations from much more recent times that have long overstayed their welcome in th…

Disney holds a trademark on Mickey Mouse in perpetuity, so your nostalgia is covered.

I'd be happy with a copyright system where the fee is $5 for the first year of government-protected monopoly, $10, for the second, $20 for the third, and on and on at the rate of $5*2^n for as long as they like. Note that at the fifteen-year mark, the renewal fee for another year of copyright enforcement would be over $30 million, which seems appropriate.

edit: math

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#26

Post by rwbt »

mariusmg wrote: post #25

So the character "Sherlock Holmes" is public domain but (some) of the novels are still copyrighted, right ? What is that good for....authors writing new "Sherlock Holmes" novels ? What is the point in having a "character" public domain ?

I'm assuming one can now make movies/television/video games with those characters without paying any sort of royalty.

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#27

Post by AmirS2 »

dragonwriter wrote: post #21
praxulus wrote: post #16

Earlier quoted context omitted.

Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? I don't think it's unreasonable for Disney to still hold copyright on Mickey Mouse (that might be the nostalgia talking), but there are plenty of creations from much more recent times that have long overstayed their welcome in th…

> Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? Periodic -- say, every 7 years -- renewals with exponentially increasing costs to renew.

Why bother with exponentially increasing costs? Even a token fee would ensure that copyright expires on abandoned/orphaned works.

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#28

Post by AbsoluteDestiny »

mariusmg wrote: post #25

So the character "Sherlock Holmes" is public domain but (some) of the novels are still copyrighted, right ? What is that good for....authors writing new "Sherlock Holmes" novels ? What is the point in having a "character" public domain ?

For making any art containing that character. Seems like a big deal. I thought he already was public domain and that was why there were so many derivative works (movies, tv, video games etc) but I guess they all had to license the character from the Doyle estate (for US works at least).

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#29

Post by notimetorelax »

mullingitover wrote: post #24
praxulus wrote: post #16

Earlier quoted context omitted.

Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? I don't think it's unreasonable for Disney to still hold copyright on Mickey Mouse (that might be the nostalgia talking), but there are plenty of creations from much more recent times that have long overstayed their welcome in th…

Disney holds a trademark on Mickey Mouse in perpetuity, so your nostalgia is covered. I'd be happy with a copyright system where the fee is $5 for the first year of government-protected monopoly, $10, for the second, $20 for the third, and on and on at the rate of $5*2^n for as long as they like. Note that at the fifteen-year mark, the renewal fee for another year of copyright enforcement would be over $30 million, w…

Did you mean 5$, 25$, 125$,... ?

Re: Sherlock Holmes Is in the Public Domain, American Judge Rules

#30

Post by rmc »

AmirS2 wrote: post #27
dragonwriter wrote: post #21

Earlier quoted context omitted.

> Is there a sensible way to extend copyright on "active" IP that is still being used in new content, while allowing copyright to expire on "dormant" IP that has been left untouched for years? Periodic -- say, every 7 years -- renewals with exponentially increasing costs to renew.

Why bother with exponentially increasing costs? Even a token fee would ensure that copyright expires on abandoned/orphaned works.

You need increasing fees to prevent big business from automatically renewing all the time. Make them think if they want to renew it all. Otherwise they'll decide the just renew it all.
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