A proposal (was Re: "Against Intellectual Property")

>>> Jon Noring <noring[_at_]netcom.com> 08/07 6:10 AM >>> wrote:

>>>>>

"Jeroen Hellingman" <jehe[_at_]kabelfoon.nl> wrote:

>Of course, we will need some way to renumerate the very valuable work
>of authors, etc., as otherwise society will be deprived of these works,
>and copyright may be a good way to do that, but, I think a term of
>say 25 years would be well enough to cover 99% of the economic returns
>of 99% of the works, and probably provide more than enough incentive
>for all works produced. If a work cannot earn back its initial
>investment within that term, probably few investors will be interested
>anyway. (Please name me some outside government investments in
>infrastructure).

>My thoughts are that free copyright right protection should last only a decade or two after publication (copyright should not be used for non-published works -- use a different vehicle for that). If the copyright owner wishes to extend the term, he can do so by paying a yearly fee, the fee being high enough (say $100) that the owner will pause and think if it is worth it, but not enough to make it prohibitive. The fees are divied up between the Copyright Office and the Federal courts which administer and enforce copyright (which at this time is supported by the taxpayer.)

>How long the optional fee period lasts is open to argument. I would not oppose them being for the life of the author plus 70, with a *much higher fee* (e.g., $100,000/year adjusted for inflation) for indefinite extension beyond that. But I do believe even the fee period should not last more than 40 years before the work reverts to the Public Domain.
<<<<<

U.S. law prior to 1978 was much closer to what you suggest. The initial term lasted 28 years (originally 14 years), and if your work was making money and you wanted to renew the copyright, you could do so (once) by registering the renewal term and paying an additional registration fee. Only 25 percent of all works were ever renewed, which placed the vast majority of material in the public domain a few decades after it was published.

The 1976 Act changed all that in the name of international harmonization: a single unitary term of life + 50 years (now life + 70, unless Eric prevails in his suit). Hoping that Congress will suddenly decide to act in the public interest (instead of in the interests of commerce) and change it back is wishful thinking.

Tyler T. Ochoa
Associate Professor
Whittier Law School Received on Thu Aug 31 2000 - 19:19:08 GMT