Re: copyright expiration as a spur to creativity

On Sat, 12 Sep 1998, James Rogers <jetan[_at_]ionet.net> wrote:
>
> Your analysis is cogent and incisive... I wish that I had the time
> to reply as fully as it deserves. However, with all due repect to your
> really very good reasoning and to the obvious expertise belonging to
> Mr. Henderson in his particular field, I must disagree with the small
> portion (printed above) of your post that states that Mr. Henderson's
> position is "mainstream". I will not pretend to an expertise in
> international copyright legislation that I do not possess but I will
> go way, way, way out on a limb and assert that notions of perpetual
> copyright with no fair use exceptions are very far from "mainstream"
> in the U.S..

The theme of "copyright expiration as a spur to creativity," rather than mainstream thinking, prompted the hypothetical extention of term down to one year and up to infinity. The topic of fair use is related as it tends to discourage the investment of authors and their publishers. At hypothetical extremes, such examples are useful to demonstrate dynamic relationships that encourage or discourage creativity.

It is very clear to me, having managed businesses and brokered business acquisitions, that the appearance of short term, clouded exclusivity, and compulsory license may discourage any investor: author, publisher, artist, etc. who has other opportunities.

Universities are now trying to put publishers out of business by garrotting library budgets and by attacking copyright directly and as connected to tenure. The adoption of library photocopying as an alternative to collection development was forced by shifting financial allocations. Its success has prompted a new effort. They now appear to aim at shedding their library cost rather than simply containing it.

The exclusive rights protected by law are the linchpin holding together the various interests of researchers -- as differentiated from university administrators -- in information, dissemination, recognition, and publishers' investment.

Albert Henderson, Editor, PUBLISHING RESEARCH QUARTERLY <70244.1532[_at_]compuserve.com> Received on Tue Sep 15 1998 - 12:55:54 GMT