Re: Abandoning property (Was: Copyright Extension Bill Passes Congress)

On Fri, 6 Nov 1998, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
>
> On Thu, Nov 5, 1998, Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
> >
> > On Tue, 3 Nov 1998, Lance Purple <lpurple[_at_]netcom.com> wrote:
> > >
> > > - If you leave your car, your wallet, etc. abandoned in a
> > > public place for several years, it typically ceases to
> > > be your property.
> >
> > Is this really the case in US law? In the European countries I am
> > familiar with this is not the case. You would have to actively
> > declare that you abandon the object. Even then, in the case of a
> > car left alone for years on a public parking, you would be obliged
> > to pay for its removal. If I leave my wallet abandoned you should
> > ask first whether it is just forgotten (property still belongs to
> > the owner) or really abandoned. Abandoning property is a legal
> > figure which is very rare in practice.
> >
> > > Should a published but out-of-print work be considered "abandoned"
> > > after x years and become public-domain?
> >
> > Certainly not. Copyright is the intellectual property right of the
> > author. The decision about a reprint is typically taken by the
> > publisher who has different interests. (Please also don't forget
> > that publication is no prerequisite for copyright protection.) If
> > the publisher refuses a reprint, why should the author's copyright
> > protection be put into question?
>
> Because if it has no value in the market, there's nothing to "protect",
> is there?

Sorry, but that's not true.

Firstly, if an out-of-print work has no value for a certain publisher, the author may seek another one.

Secondly, who determines the "value"? It may be of value or at least of e certain personal value for the author only. Even if an object has no value on the market (e.g. an old car or a horrible picture nobody wants to buy), it is protected by law.

Thirdly, if there is no value so why should any (copyright) protection be harmful? Take the example of computer programmes which are protected for 70 years p.m.a. in Europe. This does not harm the further development although the programmes loose their value within few years.

Moritz Roettinger
<moritz.roettinger[_at_]dg23.cec.be> Received on Mon Nov 09 1998 - 10:30:27 GMT