Personally I think 25 years. What do you think?
I know that not everyone will agree with me but I’ve always believed that it’s less of a length of time and more of it being that the copyright should expire as soon as you’re no longer producing copies of, maintaining and/or selling it. I believe this because, from my prospective, if you’re no longer providing a copyrighted piece of media, then you’re clearly no longer looking to profit off of it, or at least keep it publicly available, and therefor don’t need it to be copyrighted anymore.
This also aids with archival and knowledge preservation. I really enjoy this?
I think the original 14 year with 14 year renewal was fine. That keeps it closed for almost two generations. that is more than enough time. Renewal should be allowed by spouses and children of an author if they die before they can renew it.
If I wrote a book about Bean Man the super hero, than I should maintain all rights to the concept of Bean Man and the related “characters/world” until I die or put it under public domain. The rights can be inherited by 1 generation, but they have 10 years to do something relevant with it or it falls into public domain. Also if the IP sits unused for 20 years, clear derivatives can be made so long as it’s clear the original creator was not involved.
However, the actual product, the books I write fall into a different category. After 30 years or, 1 year unavailable to legally purchase by an average person*, the books become free to share under a creative common license that does not allow for derivatives, or profit. In other words, the book it self becomes free for everyone but someone can’t take the IP and make a new “Bean Man” story (unless the copyright is no longer in effect).
* if I try some shit like sell it cash only on the 31st of February or charge a absurd price, all of my past and future works will be put into public domain as a “fuck you for being piece of shit”.
Where can I purchase your Bean Man book?
My personal opinion is that copyright should be strong in a manner inversely proportional to the size of the entity that controls that copyright. There should also be an extensive amount of work put into patching circumventions of this law.
If I personally make a little cartoon cat guy and make it big but I’m still just like one person making animations by hand I should be able to keep copyright on my creation pretty much until I die.
If I’m a multi-million dollar corporation the copyright protection should fall off dramatically. Corporations can still make a big profit on things they just can’t be the sole proprietor forever.
I’m not sure what exact figures would be fair but you get the principal, smaller entity longer protection. Basically the opposite of whatever the fuck Disney is doing to the law.
My personal opinion is that copyright should be strong in a manner inversely proportional to the size of the entity that controls that copyright.
Disney creates 100 mill small copyright holding companies. You lose.
My only issue is what if you start as a single artist but it gets so popular you become a corporation?
Like if your little cat guy gets popular enough you make a bunch of merch, maybe a video game, get offered funding to make a TV show… When does it switch? I could totally see this abused like “yeah we want a cat-guy show on Netflix! Here’s 100k to make it… Aw shame you are now above the personal limit so your copyright no longer exists so we will make it ourselves and you get no money!”
As I outlined previously I think this would involve somebody or a lot of somebody’s a lot smarter than me writing very elaborate law to fill in all the edge cases but yes.
I see the intent but can also imagine so much abuse… “yeah I own the copyright privately, yeah megacorp finances me, and yeah I technically own and control megacorp but the copy right is privately owned… Why are you asking all these questions?”
That’s like any law though this isn’t a gotcha.
You could say the same about taxes or murder. Yeah rich assholes find ways around laws. Grug know that this known quantity. That doesn’t mean we shouldn’t have laws about it.
I’m also not some kind of brilliant legal mind. So I accept that I would be under qualified to construct the laws.
The original version of the USA copyright law had it right:
United States copyright law traces its lineage back to the British Statute of Anne, which influenced the first U.S. federal copyright law, the Copyright Act of 1790. The length of copyright established by the Founding Fathers was 14 years with an option to renew it once for 14 more.
After a quarter century, if it’s still relevant, then it’s part of community culture and everybody should be able to have access to it.
Totally fair, 28 years.
Make that 5 + 5 and it’s fair IMO.
Maybe sime special extra years can be made for some types of creations, (or less) like medicine, cartoons, books etc.
So the original Star Trek series would’ve been public domain by the time the first movie was released? I don’t think that’s reasonable.
Competitors could have created their own Star Trek films and released them at the same time & really muddied things, preventing TNG from ever happening. I think it’s reasonable that a creator be able to control their creation’s direction for a good while until it’s firmly established as being what they wanted it to be. Creative work takes time, and so more time than you suggest seems only fair to me.
It would be from the release date.
And why should startrek get some kind of exception? Just because they “made it” doesn’t nean hundreds if other series wouldn’t have been better even. Lots of trash is made because there is a cash incentive.
BTW, nowhere is it stated that you can trash the artwork either, that is how it is in france, you can use it but not abuse it.
“Abuse” of creative work is in the eye of the beholder.
Star Trek was an example, not a specific call out. My point was the process often takes time and multiple steps.
Yeah that’s fair, but 10 years seems reasonable IMO, what do you think would be reasonable, and why?
Already answered since I started this thread.
Oh yes, sorry.
I think it’s too flimsy, any lawyer can argue it’s “relevant”. And if it is, it should absolutely be in the public domain IMO.
25 years is wild too IMO, but I already said that :-)
The purpose of copyright should be to allow authors to live off their work, and the purpose of its expiration should be to allow society at large to benefit from it.
Given that, I’d favor a return to the origins of the Statute of Anne, so something like 15 years with the chance of a single extension of 15 more years. Only the original author can apply for the extension, but the rights don’t expire with their death and can be sold or inherited.
This would give people 30 years to earn money from their work, and if a business buys them they get at most 15 years to use them, without the chance of hoarding them for too long.
I guess the ideal duration could be more or less than that, but I feel a good rule of thumb is: if some work came out during my lifetime, I have a reasonable chance to see it become part of the public domain while I’m still alive (and potentially use it to make something else from it).
The lifetime of the copyright owner of the original work unless he or she forfeits it to public domain willingly.
The original duration of copyright was a flat 14 years, with a single additional 14 year extension if the copyright holder applied for it. So 28 years in total. It turns out that after 28 years the vast, vast majority of copyrighted works have already earned essentially all of the money that they will ever earn. Most of them go out of print forever before that point. It’s only a rare few works that end up becoming “classics” and spawning “franchises” that last beyond that point. We’re sacrificing the utility of the vast bulk of what should be in the public domain for the sake of making those occasional lucky hits into cash cows. There’s a great paper by Rufus Pollock, Forever Minus a Day? Calculating Optimal Copyright Term, wherein he uses rigorous economic analysis to calculate that the optimal duration of copyright for generating the maximum value for society is 15 years with a 99% confidence interval extending up to 38 years. So remarkably the original law hit the right duration almost exactly through sheer happenstance.
In an earlier paper he also determined that the optimal duration of copyright actually decreases as it becomes easier to distribute work, perhaps somewhat counterintuitively.
Copyrights should expire five years from the date of initial publication at most.
The copyright should be nontransferable and exclusively held by the original creator/creators.
The creator(s) should be the people who substantively contributed to the work. Monetary contributions are not substantive.
The rights holder should be an actual human person(s) not a corporate entity.
The copyrighted work should enter public domain immediately upon the death of the last living rights holder or upon the expiration of the copyright. Whichever happens first.
Any decision to license the work should require the unanimous consent of all living rights holders.
If a rights holder is rendered incapable of making licensing decisions under suspicious circumstances all licenses to the work are immediately voided and no new licenses can be issued.
Every studio album will have a group of babies drumming to extend the copyright an extra 20-30 years.
Zero.
Copyright system barely ever benefits the authors themselves. Instead, it is one of the forces perpetuating the dominance of large businesses, and allowing monopolies and oligopolies to proliferate.
Particularly egregious are patents in the field of technology. We essentially agree to stifle the progress in the name of profits of patent holders - profits they’ll take from us - and it is not alright.
We must keep technology in the public domain for the benefit of society, and we must work on better forms of author compensation.
Charles Dickens famously made a tour of the United States and left pissed because nobody was buying his copy of the book.
Your assertion that authors do not benefit from copyright is ahistorical.
Copyright system barely ever benefits the authors themselves.
David Bowie made huge money selling his library.
I dunno, why not ask Disney how long it should be? They seem to have opinions on it.
It started on the same level as patents: 14 years. It could be renewed once for a fee. Anything beyond was a mistake.
I don’t think copywrong should exist at all. Either it’s kept private or it’s in the public domain. That’s all there is to it.
15 years default, with the option to apply for a 5-year extension twice. In order for an extension to be granted, the copyright holder must continue to make the work readily accessible.
In addition, I would have a clause where if a work is not being made readily accessible even in those first 15 years (delisted from digital storefronts or streaming services, software not compatible with modern platforms, or 5+ years out of print for physical media), copyright is considered to be in a weaker state where piracy for personal/noncommercial use is legal.
option to apply for a 5-year extension twice.
I want to be the instance where they all have to apply!
I think copyright should expire the moment it is no longer actively being printed or produced. Out of Print should equal Out of Copyright. For older works, it they’ve ever gone out of print, that’s a good time to enter the public domain. Go ahead and get a good initial run, but when you cease making your living off it, let others have a try.
I understand this is not a popular take. I could compromise and allow the original 14 year + 14 year renewal.
Let’s think about upper tolerable limits: there’s zero justification for copyright existing past the death of the original author, and I emphasize original author as the sale of copyrights to corporate entities offends me deeply. I would see copyrights as licensable, but never fully transferable or even ownable by any but a non-corporate human individual.
But even the lifespan of the original author seems a bit long.
To be perfectly honest, in my true ideal world, copyright would not exist, and payment for works of art would not exist except in as much as everyone on earth would receive everything they need to live and thrive. Art would then be created by artists because they want to create art, and there would be no restriction on use whatsoever.
Seems overly strict - what if you have cashflow issues, or something is unpopular but then sees a resurgence? A time limit seems more reasonable, and then an out-of-print limit too. Perhaps a way that people can demonstrate demand for something out of print so it can be used to officially require this use it or lose it protection?
I do think copyright should still exist, but with fair use being significantly expanded, maybe something like CC BY-NC?.
The bit about being non-transferable and owned by the individual creator is exactly what I was thinking.
Also: fuck patents.
It should be 20 - 25 years after death of the author… As it was before, before the Disney chimed in and lobbied copyrights protection 75 years after the author death
Even that’s kinda ridiculous. Why are we inhibiting everyone so your child can profit off something they never touched and that you finished 50 years ago? You had the rest of your damn life to figure out how to profit off it.
In the US, it’s a pretty common situation to have some kind of retirement plan through your job, like a 401k, or if you’re very lucky a pension. And if you die, in a lot of cases, that retirement plan gets paid to your spouse or children in some fashion. That’s a big part of how people plan for their families in case something happens to them. It might help to cover funeral expenses, or settle debts, or legal expenses, or just to make sure their spouse or children can afford to live if they die.
If you’re an independent artist though, you may not have that. Ideally you’d have some kind of life insurance, IRA, etc. to help fill that same role, but art is a fickle business, not everything sells well or is an instant classic, and sometimes it takes a while for something to get popular.
Let’s say I write a book and get it published, and it’s reasonably successful, but not exactly a bestseller. I probably got a nice little payment for selling the rights to the publisher, but I’m also expecting to have more money trickling in for at least a few years as long as it stays in print and keeps selling. And in the meantime I’ll hopefully get more books published, more payments, hopefully bigger, from the publisher, and then have even more money flowing in from book sales. If I’m really lucky, maybe one or more of those books will really be a hit, if not, hopefully I’ll at least have enough moderately successful books published to have a steady income from them, be able to save up some money, keep food on the table, save up for my kids’ college funds, my retirement, etc. it’s a long-term plan.
But instead I keel over and die. My spouse is now a single parent.
If I worked a normal job, hopefully some of those benefits are kicking in to help my spouse take care of herself, my funeral arrangements, and our kids. Survivor benefits from my pension start payment out to them or they get access to my 401k, maybe I even had some kind of life insurance through my job.
But since I didn’t work a normal job, all they get is that trickle of money from my book sales.
And you want to cut even that off for them.
And then to add insult to injury, now that I’m dead and it’s in the public domain, maybe my book gets turned into a movie which becomes an enormous hit and makes millions of dollars for some Hollywood studio, and my family doesn’t get a penny of it.
Yes, ideally we’d have better social safety nets in place to help people out in those kinds of circumstances, but we don’t, and until we do this is what we’re stuck with.
My guy, what do you think the state of benefits in the US is? Most people would consider themselves lucky to get a 401k match from their employer. So in effect, the artist gets more to leave behind than most Americans.
And? Doesn’t everyone deserve that kind of safety net? Should we take away people’s 401ks, pensions, life insurance, etc. because other people don’t have them?
I think I’d rather focus my energy on making sure that more people can make sure their families are secure if something should happen to them, not less
Just because the system is flawed doesn’t mean we should implement even more flaws in the system to cover some of the old ones. If providing for retirement and a family that survives the early death of their provider are your priorities, let’s work out systems to ensure everyone gets the support we can both agree should be provided. Depending on inherited IP rights and depending on an employer to contribute to retirement are both deeply flawed plans, and we’d be better off doing something like eliminating the cap on social security taxes so we can make sure everyone’s retirement is covered and that survivor benefits are sufficient.
But what were talking about isn’t implemented a flawed system, it’s improving one that’s already flawed, and the result still wouldn’t be perfect but it’s better than what currently exists
And it doesn’t prevent passing even better laws further down the line, but I think you know that creating new more comprehensive survivor benefits that would cover everyone is a much harder sell than a comparatively small tweak to copyright laws.
And if we remove those copyright benefits before those new systems are ready, you’re leaving people in the lurch without any safety net until those new systems can be created (if in fact they ever are)
It’s considered intellectual property so it can be passer down to descendants… As any normal property can be
And money is your property until it’s taxed by the government. Property doesn’t mean “yours forever”.












