Re: copyright expiration as a spur to creativity

On 03 September 1998, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> On 31 Aug 1998, Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
> >
> > 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.
>
> I'm not sure what you mean by "manipulating the market" for
> property. Most people I know exercise absolute control over
> all their property to the full extent of their abilities.
> Why should copyright be second-class property?
>
> Authors should be in a position to negotiate.
>
> The author of a novel, should be able to control translations
> and dramatic adaptations as a matter of artistic integrity.
>
> The author or publisher of a nonfiction work should be able
> to withdraw it or to make corrections. It may be in error,
> or libelous.
>
> The author of a letter should be able to oppose publication
> absolutely ... even to burn the letter.
>
> An artist should be able to exercise some control over the
> quality of reproductions.
>
> A poet should be able to withhold permission for his/her
> poems to be set to music or used in a dramatic work.
>
> There are also plain economic issues. Today a photographer with
> authorized photos of celebrities can grant limited exclusivity
> and command a good price from magazines, TV, and advertisers
> and make a decent living. Compulsory licensing would end all
> that, IMHO. Art would degrade to the quality of TV news with
> the same clip (f.e Monica hugs Bill) everywhere ad nauseum.

Oh my, here we go again. IP already is and must be a different "class" of property, necessarily involving differences in exercise of legal rights.

"Authors should be in a position to negotiate"

Authors already are in a position to negotiate on all the points listed by Mr. Henderson, unless the publishers are greedy (never happens?) and the authors naive, or don't have good lawyers (I mean competent lawyers).

Michael A Scarpitti
Assistant Editor
Materials Evaluation
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PO Box 28518
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<mscarpit[_at_]asnt.org> Received on Fri Sep 04 1998 - 15:19:06 GMT