Re: copyright expiration as a spur to creativity

Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
>
> On Fri, 28 Aug 1998, Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
> >
> > Could we ever get the Europeans with their moral rights tradition to
> > participate?
>
> Seems to me difficult. Why don't the US (and the other copyright
> approach countires) introduce more elements of the European moral rights
> tradition into their legislation?

I believe most common law jurisdictions are trying (certainly the UK, Canada and Australia have made moves in that direction) although there are significant issues. The answer in the US is a little easier. The constitutional basis for IP protection does not really allow a personal view of ownership but rather contemplates society granting a limited monopoly to compensate the owner for releasing their creations to society. Moral rights just don't fit into this philosophical structure very well.

To be honest, I much prefer the US model (at least without the registration requirements) but I would prefer to extend it with a compulsary licensing regime to prevent authors and owners from manipulating the market for works and restricting the creation of derivative works.

-- 
| Tim Arnold-Moore, LL.B., B.Sc. (Hons)
| Postal address:  Multimedia Database Systems, RMIT
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|	simul iustus et peccator
<tja[_at_]mds.rmit.edu.au>