Re: Snooze/lose (Was: Academics and coursepacks)

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Mon, 14 Sep 1998 17:25:06 -0400 ()

On 10 Sep 1998, Daniel J. Schaeffer <daniel_schaeffer[_at_]kirkland.com> wrote:
>
> I am not advocating any particular extension (20 years, 4 centuries,
> 15.2 nanoseconds, whatever) to the existing copyright term. In fact,
> I think that for some types of works, the current term far exceeds
> the useful life of the work. As I said, there is a balance point --
> a minimum term -- below which a content producer has no incentive to
> produce. That point may vary from work to work, from category to
> category and even from producer to producer.
>
> As to your point that there would be very little revenue stream after
> 50 years, I refer you to Disney's practice (which may now have been
> abandoned, I'm not sure) of re-releasing its animated films on a 7-year
> rotation. A practice of that nature could extend the useful (i.e.,
> revenue-producing) lifetime of a work far beyond 50 years. Would you
> deny the creator of the work the right to pace its publication in that
> manner, and if so, on what basis? (I address that same question to
> Michael Scarpitti, who has been advocating a five-year "snooze or
> lose" abandonment of copyright scheme.)

The scenario proposed by Daniel Schaeffer re length of protection is truely bizarre in that it would introduce such a chaotic situation with respect to term of protection as to render it meaningless for most practical purposes. My comment about an extinguished revenue stream after 50 years clearly noted that there were a relatively few exceptional works to this generalization. As for Disney corp's clever cyclical marketing - my basis for limiting them is the same as the basis for statutory copyright itself. Advocates of eternal author's (or more specifically, owners') rights would like the tasty icing without the underlying bland (and to their sesibilities, rather stale) cake. It's all one and the same piece!

Cheers,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph, Guelph, ON  Canada  N1G 2W1
         and Chair, Ontario Library Association Copyright Action Committee

e-m: bkatz[_at_]uoguelph.ca // v: 519-824-4120, ext.2089 // fax: 519-824-6931 Received on Mon Sep 14 1998 - 21:27:34 GMT