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A Free Market Fix for the Copyright Racket

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Re: A Free Market Fix for the Copyright Racket

#21

Post by bo1024 »

cynicalkane wrote: post #7
loarabia wrote: post #3

Given other issues floating around maybe rather than go to something as restrictive as what was proposed at the end of the article take a half step. Leave much of the law today as is (copyrights can apply to more than the original copyright law allowed and are automatically in force even without registering) but change the duration mechanism. For the first 14 years of the work's existence you get a copyright for free…

I don't like this because the amount an entity will pay to keep copyright is roughly proportional to how culturally valuable it is. The more Disney will pay to lock up Mickey Mouse, the more we want the mouse to be free.

Right, but this should be perfect because they're paying the public. (Not that I expect the government to spend the money wisely, but in theory it seems to make sense.)

Re: A Free Market Fix for the Copyright Racket

#22

Post by Danieru »

wtvanhest wrote: post #9
cynicalkane wrote: post #7

Earlier quoted context omitted.

I don't like this because the amount an entity will pay to keep copyright is roughly proportional to how culturally valuable it is. The more Disney will pay to lock up Mickey Mouse, the more we want the mouse to be free.

If there is no cap on the exponential portion eventually Mickey will be too expensive to protect and he will be free. The result would be the Government capturing all the value in later years and then the work would be freed allowing the public to capture the value. I think the OP's suggestion is the best I have heard so far. It could be a simple formula like a fee starting at $10/year for each copywrited work after…

Now Government will have yet another source of revenue to optimize. Since Government hates giving up revenue we could expect entities close to giving up due to cost to receive exceptions. Anything to keep the money flowing.

Re: A Free Market Fix for the Copyright Racket

#23

Post by dredmorbius »

mvc wrote: post #17
loarabia wrote: post #3

Given other issues floating around maybe rather than go to something as restrictive as what was proposed at the end of the article take a half step. Leave much of the law today as is (copyrights can apply to more than the original copyright law allowed and are automatically in force even without registering) but change the duration mechanism. For the first 14 years of the work's existence you get a copyright for free…

I like this idea, but often economics isn't the only thing at play. Imagine for example, after 28 years, Halliburton wanted to make use of a John Lennon song in their advertising (pun not intended). Seems unfair that John (or his heirs) would have to pay to keep it from being used in this way.

Existing music copyright already has this property. Mechanical licensing means that, simply by paying a standarized fee, a performance or recording of a piece of music may be lawfully created. This issue occurs regularly during political campaigns in which a candidate or party may use a song (Palin's use of "Barracuda" and Silversun Pickup' "Panic Switch" by Romney) against the wishes of the musician in question. Generally the negative publicity of the musician's protest outweighs benefits to the campaign. But legally there's not much musicians can do.

http://www.cnn.com/2012/08/16/politics/music-in-campaigns/in...

More broadly, the question becomes: at what point is a work fair pickings -- should we be able to prohibit Mozart or Vivaldi or Shakespeare works from being appropriated by various commercial or political concerns? Regardless, "use against my wishes or viewpoints" isn't one of the concerns of copyright as formed in the US Constitution.

My view is that absent a brief period of commercial control, works should be released to public domain reasonably speedily.

Re: A Free Market Fix for the Copyright Racket

#24

Post by dredmorbius »

mvc wrote: post #17
loarabia wrote: post #3

Given other issues floating around maybe rather than go to something as restrictive as what was proposed at the end of the article take a half step. Leave much of the law today as is (copyrights can apply to more than the original copyright law allowed and are automatically in force even without registering) but change the duration mechanism. For the first 14 years of the work's existence you get a copyright for free…

I like this idea, but often economics isn't the only thing at play. Imagine for example, after 28 years, Halliburton wanted to make use of a John Lennon song in their advertising (pun not intended). Seems unfair that John (or his heirs) would have to pay to keep it from being used in this way.

And for a similar issue, there's the case of Neda Soltani. You may recall the woman whose death by a sniper during a rally in Iran was shared on video with the world in 2009. This is not her story. Rather, Neda Soltani's Facebook photo was mistakenly attributed to Neda Agha-Soltan by media worldwide. In a cosmic dark comedy, both protesters and Iranian government agents attacked Soltani on account of an error she had no part in. Eventually she left the country, though much of her family and many friends remain behind.

http://www.onthemedia.org/2012/nov/30/my-stolen-face/

http://www.amazon.com/My-Stolen-Face-ebook/dp/B009JVQ8QQ

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