Oct 072007
 

I know why it happened, but it still strikes me as odd, the fact that the goal­posts kept mov­ing, as it were, with copy­right. And it’s weird no mat­ter wheth­er the copy­right is there to give oth­er people rights to use, copy and modi­fy the work, or rights to the author to pro­tect and profit from their work. In oth­er areas of the law, the gen­er­al rule is that what counts is the law at the time. It’s only illeg­al if it was illeg­al at the time the offence was com­mit­ted, for example (the major excep­tion being crimes against human­ity). Even pat­ents are val­id for a set peri­od of time, and com­pan­ies know how long that will be when they apply for the pat­ent (hence all the phar­ma­ceut­ic­al tricks with minor modi­fic­a­tions that they hope will be just enough to get a new pat­ent on). Only in copy­right, that I’m aware of, has it been the case that the peri­od of valid­ity has been so massively changed and applied ret­ro­act­ively. From 21 years (see His­tory of Copy­right to the death of the author plus 50–75 years, depend­ing on the coun­try you live in and some con­vo­luted depend­en­cies. And then there’s the fam­ous exten­sion by which Mickey Mouse would have been in the pub­lic domain by now, but won’t be for a while yet. 

It just seems odd to me, the fact that copy­right is the excep­tion to the gen­er­al rule. But maybe it just seems odd to me.

  5 Responses to “Musings on Copyright”

  1. It seems odd to me too.

  2. Ret­ro­act­ive” has more than one mean­ing. I think there have been only a few cases where works fell into the pub­lic domain and were then retrieved from it again. There is cer­tainly no eco­nom­ic sense in extend­ing the copy­rights on exist­ing works (no one is incen­ted to pro­duce more because in future the copy­right might be exten­ded, and in ret­ro­spect the dead can­not be incen­ted at all), but it is sim­pler to have to apply only one rule at a time, rather than hav­ing to apply 1968 rules to works pub­lished in 1968 and 1988 rules to works pub­lished then.

  3. If it is Dis­ney, people are agin’ it. If it is Ma Kettle, people are for it. The law should be blind but what is she hid­ing under that skirt?

    Should Google allow the Google Ware­house con­tri­bu­tions to be used for a for-profit busi­ness such as SceneCaster? Do the mod­el makers deserve any reward for their work? Is the use of a free tool such as Sketch Up suf­fi­cient reward for giv­ing up their copy­rights to Google com­pan­ies? On the oth­er hand, does any­one believe one can build com­plex vir­tu­al worlds without lib­rar­ies? Does it mat­ter to the pub­lic that con­tent built in the closed serv­er farms using in-sys­tem edit­ors dis­ap­pears the day one turns off the electricity? 

    Ted Nel­son was right. We have to find a solu­tion that is fair for the pro­du­cer and the con­sumer. The head­long rush to being Google share­crop­pers can eas­ily leave the pro­du­cers with noth­ing but their own private water­mel­on patch and none of the corn.

  4. Len, I was delib­er­ately not talk­ing about the rights or wrongs of copy­right, just about how long copy­right lasts before things go into the pub­lic domain and how that has changed so much. 

    John, it is sim­pler in some ways (although the “author’s death + x years” takes away a lot of sim­pli­city) but it does break that gen­er­al prin­ciple and I still find it odd. Your argu­ment of sim­pli­city would the­or­et­ic­ally be applic­able to many issues, not just copy­right, but I’m not aware of any to which it does apply apart from copy­right — are there some?

  5. I don’t think you can fairly com­ment on the terms without men­tion­ing the conditions.

    The Sonny Bono pos­i­tion of ‘forever and a day’ is at one extreme. The oth­er extreme is ‘inform­a­tion wants to be free’. I think of these as extremes. Where is the con­sid­er­a­tion of a recon­sti­t­u­tion of copy­right itself that makes sense in the digit­al age bey­ond dona­tions that make the oth­er guy prof­it­able and not just a little arrog­ant. Silly Val­ley is becom­ing a dread­ful example.

    Nel­son saw this com­ing and tried if inef­fect­ively to cre­ate a net­work that could cope. IOW, as long as one extreme (free info) works with the new mega-ser­vices without regard to any con­sid­er­a­tion of pay­ment, expect the oth­er extreme to be just as, well… extreme in their claims.

    What I am look­ing at is that for some of the emer­gent forms of expres­sion such as vir­tu­al world build­ing, we have to cre­ate our own solu­tion or con­tin­ue to be Google or Linden Labs share­crop­pers. It isn’t a good life­style and goes against everything the markup tribe was try­ing to make pos­sible in terms of shar­able resources.

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