Re: copyright expiration as a spur to creativity

Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> On 26 Aug 1998, Peter Groves <petergroves[_at_]compuserve.com> wrote:
> >
> > Surely they are protected throughout the EC as literary works for
> > 70 years pma, although it hardly makes a difference: as far as the
> > development of new software is concerned, a copyright term of anything
> > more than a few weeks is a potential obstacle, and no coputer program
> > needs 50 (or even any) years pma. The incentive provided by copyright
> > would probably be as strong if copyright protection for such works was
> > only 5 years, period.
>
> This thought might apply to some software, particularly back office
> data processing. However, I would think that original text and
> artwork might have a commercial life quite separate from code in
> games and interactive instructional products.

....which becomes yet another reason for looking to the arguments of those such as Pamela Samuelson on software copyright. As I've become more familiar with the issue and what works/doesn't in the field, I'm less convinced that copyright per se is bad for software, or that sui generis protection would fix to problem -- without introducing a major opportunity for vested interests to tweak it even more in their favor. But the distinction you draw between the code itself, and textual or graphical works within it (or music) is one I have made myself.

I'd argue for a shorter copyright term for software, but extend full coverage to works (art, text, sound) within it. I'd also argue for a shorter term for copyright period, and one based on original copyright date, given the problems expressed earlier in contacting dead, hard to reach, or both, authors.

-- 
Karsten M. Self (kmself[_at_]ix.netcom.com)

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