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What Could Have Entered the Public Domain on January 1, 2014

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11–20 of 165 posts

Re: What Could Have Entered the Public Domain on January 1, 2014

#11

If this stuff did start to enter the public domain after 28+28 years, the modern entertainment industry would be screwed because they would have to compete with it. Rationally, they'd rather it burned than free.

Burned? Blah. The Cat in the Hat, Atlas Shrugged and probably others from that list are still popular. The books are still being printed and sold, not being hidden away from society.

Re: What Could Have Entered the Public Domain on January 1, 2014

#12
post #4

If this stuff did start to enter the public domain after 28+28 years, the modern entertainment industry would be screwed because they would have to compete with it. Rationally, they'd rather it burned than free.

There's some interesting stuff on that list but I don't think it'd be competition to anything. I like the idea that the kids would be watching Bridge on the River Kwai instead of the latest recruitment video but it doesn't seem likely. Of course, the studios would lose the long-tail revenue from controlling movies like Bridge on the River Kwai (or licensing the movie rights to things like the old version of 3:10 to Y…

At this point, it's mostly about preservation. Kwai is one of a zillion war movies produced more than 40 years ago; unlike the bridge, that movie will forever endure, but so many of its contemporaries will disappear -- a fate entirely avoidable in this age of long-tail hyper-specialized scholarly studies, unlimited data capacity and worldwide p2p redundancy. Art will be lost because of unbridled greed, and this is the real tragedy.

Re: What Could Have Entered the Public Domain on January 1, 2014

#13
post #5

i would love to hear from our libertarian friends on what they think about copyright and the public domain.

That would probably depend on whether they were minarchist or anarchist libertarians. Minarchists would likely defend copyright with more rational time limits, whereas anarchists would contend that copyright is not rational or enforceable, and that artistic patronage is the only viable business model. In either case, "stealing" an artistic work would be interpreted as plagiarism rather than unauthorized copying. Arti…

> plagiarism rather than unauthorized copying

Isn't that the definition of plagiarism?

Re: What Could Have Entered the Public Domain on January 1, 2014

#14
post #3

For those curious, this is mostly a result of Disney. http://www.washingtonpost.com/blogs/the-switch/wp/2013/10/25...

Ironic that a company founded upon the reuse of public domain works is campaigning against more public domain works.

Re: What Could Have Entered the Public Domain on January 1, 2014

#15
post #3

For those curious, this is mostly a result of Disney. http://www.washingtonpost.com/blogs/the-switch/wp/2013/10/25...

My IP law professor once stopped class and shouted at someone wearing a polo with the disney logo, "Sir, are you trying to antagonize me?!"

Re: What Could Have Entered the Public Domain on January 1, 2014

#16
post #5

i would love to hear from our libertarian friends on what they think about copyright and the public domain.

Copyright (patents/intellectual property) is one of Benjamin Tucker's Four Great Monopolies[1] that give rise to monopoly capitalism[2]

[1] http://en.wikipedia.org/wiki/Benjamin_Tucker#The_Four_Monopo...

[2] http://en.wikipedia.org/wiki/State_monopoly_capitalism

Re: What Could Have Entered the Public Domain on January 1, 2014

#17

Earlier quoted context omitted.

That would probably depend on whether they were minarchist or anarchist libertarians. Minarchists would likely defend copyright with more rational time limits, whereas anarchists would contend that copyright is not rational or enforceable, and that artistic patronage is the only viable business model. In either case, "stealing" an artistic work would be interpreted as plagiarism rather than unauthorized copying. Arti…

> plagiarism rather than unauthorized copying Isn't that the definition of plagiarism?

Plagiarism is passing someone else's work off as your own. Unauthorized copying is just providing a work for others to consume without claiming credit for it, but without having a legal right to do so. Plagiarism doesn't really relate to authorization at all. If you have permission from someone to put your name on their work, that doesn't change the fact that you are lying, which can have consequences of its own (especially in an academic context).

I thought this was obvious, but maybe it isn't? I see disclaimers on Youtube all the time ("I don't own this") which seem to imply the person posting the video doesn't understand the difference.

Re: What Could Have Entered the Public Domain on January 1, 2014

#18

Earlier quoted context omitted.

That would probably depend on whether they were minarchist or anarchist libertarians. Minarchists would likely defend copyright with more rational time limits, whereas anarchists would contend that copyright is not rational or enforceable, and that artistic patronage is the only viable business model. In either case, "stealing" an artistic work would be interpreted as plagiarism rather than unauthorized copying. Arti…

> plagiarism rather than unauthorized copying Isn't that the definition of plagiarism?

I think most would agree that plagiarism is characterized primarily by claiming the copied material (authorized or not) as original work.

Re: What Could Have Entered the Public Domain on January 1, 2014

#19
post #7
post #5

i would love to hear from our libertarian friends on what they think about copyright and the public domain.

"Government enforced monopolies are bad" is what particularly doctrinaire libertarians say, but libertarians aren't know for their ability to agree with each other.

I guess I am a PDL but I fail to see how any government-enforced monopoly could be a good thing ever. I genuinely see people who believe such things as backwards, primitive fucks.

Anyhow, among hardcore libertarian circles there is actually pretty wide agreement these days that IP laws are unjust. The work you want to look at for the sea change is Kinsella's Against Intellectual Property free online here: http://mises.org/document/3582

Re: What Could Have Entered the Public Domain on January 1, 2014

#20

Earlier quoted context omitted.

That would probably depend on whether they were minarchist or anarchist libertarians. Minarchists would likely defend copyright with more rational time limits, whereas anarchists would contend that copyright is not rational or enforceable, and that artistic patronage is the only viable business model. In either case, "stealing" an artistic work would be interpreted as plagiarism rather than unauthorized copying. Arti…

> plagiarism rather than unauthorized copying Isn't that the definition of plagiarism?

No, plagiarism entails passing the work or idea off as your own.
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