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

On Tue, 10 Nov 1998, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
>
> Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
> >
> > On Fri, 6 Nov 1998, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
> > >
> > > 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 a 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.
>
> Who determines the value? The market does, of course. If, after a
> period of seven years, say, nobody wants to reprint it, what value is
> there in it? I say there's nothing left to protect. Earlier on in
> the thread "Copyright expiration" somebody brought out that the early
> US law on copyright connected copyright with being in print. I shall
> try to find that message.

I can't agree. First, also a work that is not published or of which copies are just distributed to a handful of friends is also protected although the market value would be zero. Second, there is always the personal value determined by the author. Third, it would be a completely new concept to ling copyright protectio to the market value of the work. And finally, You did not comment on what I said on protection being not harmful (e.g. outdated software) - i'd be interested in your view.

Moritz Roettinger
<moritz.roettinger[_at_]dg23.cec.be> Received on Wed Nov 11 1998 - 11:50:29 GMT