Re: copyright expiration as a spur to creativity

Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> On 07/27/98, Christopher G. Wren <cgwren[_at_]wisconsinlaw.com> wrote:
> >
> > For example, a 75-year-old decides to write a book she believes could
> > provide a legacy for her grandchildren if they're allowed to exploit
> > it for at least, say, 30 years after she dies. Her willingness to
> > create this work depends on an expectation that the work will
> > financially benefit those grandchildren. With so little time left
> > (actuarially speaking), writing the work will mean foregoing other
> > activities the author has always wanted to do (such as take one last,
> > longed-for trip to a favorite but faraway vacation spot).
>
> I agree that the copyright term one advocates depends a great deal on
> the model one adopts, but I tend to think that the example you offer
> here is itself a marginal situation -- how many 75-year olds base
> their willingness to write a book on the likely financial benefit to
> grandchildren? I think that they probably write the book or don't write
> the book based on whether or not they feel like writing a book. If
> their concern is providing for grandchildren, it may be more rational
> to just spend the time at some job with a fixed wage and invest the
> salary in a good mutual fund. ...

Mr. Burk's point is a good one, and certainly realistic. However, it is not unheard of for someone (regardless of age) to decide to write a book in order to provide for his heirs rather than simply because he feels like writing a book. Usually, I admit, the "feels like" element is present as well. But the British author Anthony Burgess has frequently been quoted as saying that he began writing novels because he had been diagnosed with a terminal illness, and wanted to produce something that would generate a legacy to his family after his death. (As it turned out, he lived many years longer than his doctors predicted .... and also produced a heck of a lot bigger and greater legacy for his heirs than even he imagined.)

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Jul 29 1998 - 16:54:05 GMT