Skip Navigation
90 comments
  • I'm all in favor of shortening copyright length, but it shouldn't be tied to a creator's lifespan. It's too variable, and it doesn't make sense for anything that more than one person worked on.

    I think a reasonable compromise would be 20 years default, after which point you could apply for a 5 year extension twice. Extensions will only be granted if the work is still being made accessible, either new physical copies are being printed or digital distribution is available.

    But I would also include a clause that if a work is no longer accessible, such as being pulled from streaming services, an online game being shut down, software not updated to be compatible with modern platforms, etc, copyright is considered to be in a weaker state where end users are permitted to pirate it for noncommercial purposes.

    • I would shorten the initial term to 15 years instead but keep everything else the same, if the author can't be bothered to even file for an extension then they probably aren't earning money from the thing anyway. See below for why 15.

      • That's fine, the exact number isn't really important. I kind of went for an intentional highball to pitch this as a closer compromise to how long copyright currently lasts.

  • I think it's a great idea. Their descendants can inherit any proceeds from their life, rather than the ownership of the copyright.

    • I think I'd prefer a flat timespan rather than a lifetime-dependent one. The two flaws I see with the lifetime-dependent one are:

      • It can give wildly different opportunity to the rightsholder depending on how old they are and what their random life circumstances happen to be. A 20-year-old author could have 80 years' hold on their work whereas a 70-year-old one could have just 10. Unless Truck-kun randomly gets involved and sends that 20-year-old author into another world a day after he published.
      • It creates an incentive to assassinate popular authors.

      It also creates complexity for work-for-hire situations where a corporation owns a copyright, though that's already a special case so one could continue handling it separately.

  • Bad. Copyright needs to be reformed, but this would be more likely to put money into the hands of rich people and corporations.

    Imagine that I've just released a book series that's more popular than Harry Potter and LOTR combined, and I get hit by a bus. What's then stopping Disney or Warner Brothers etc from producing a set of movies with all the associated merch, and making a shit load of money, with not a penny going to my family? Not even giving them the opportunity to make enough to live on, never mind getting rich?

    In that situation, depending on the contract, the publisher could even pulp the existing books and release identical copies without paying me or my family.

  • Define "death".

    For a book? There is very much an argument that the listed author would make sense. But... good authors tend to have ten or twenty solid pages of thanking their editors and beta readers and researchers and partners and so forth for very good reason. And while they tend to not get royalties (outside of the partner), those associated with the publisher sort of do in the sense of getting a continued paycheck in part because of their demonstrated "value".

    But let's bump that up to a movie. Is the screenwriter the creator? What about a case where there were multiple "script doctors" brought in to punch up a premise? The director? The lead actor? The ridiculously good performance by the supporting actress that held every scene together? The people in the editing bay who turned "I want this scene to pop more" into actionable edits? The VFX team who did the entirety of every action sequence and half the dialogue because the costumes weren't finalized until a week before it hit theatres?

    And so forth. The time where works tended to have a singular creator was... closer to millennia ago than not. Even a lot of the "Willy Shakespeare was a fraud" is rooted in a misunderstanding of what editing and collaboration is.

    I don't know what a good model is. I like the concept of a fixed period with the idea that if you are continuing to use an IP then people will pay for the new stuff. Then I look at all the cash-in horror slop because Winnie the Pooh became public domain and... does that help ANYBODY?

    My mind keeps coming back to the end of Sebastien de Castell's Spellslinger series. He left a LOT of loose ends (in part because of the themes of the story he was telling which would be spoilers to elaborate on) but did a quick epilogue sequence of two characters reuniting. And then he wrote an afterward where he talked about how (paraphrasing) that is just one possible ending and that it doesn't actually matter what he wrote because, after the years we all spent reading about Kellen and Reichis and Ferius and Nephenia and Shalla... they aren't just his characters. They are OUR characters too. And what he can see as a potential future isn't necessarily what we see. I forget if he explicitly said writing fanfiction was a good idea but... that is kind of the reality of it.

    And in that sense? I increasingly come down on: Let the companies and creators keep their IPs. Only they get to profit. But also heavily strengthen fair use so long as there is no direct profit (we do need to understand the idea of ad revenue for a youtube channel or a website or something). Fill up AO3 with ALL the good slop but keep it out of theatres unless they are gonna file the mormon off and Fifty Shades of Grey it. Beyond that? Whatever.

    And just for those wondering what those themes were: ::: spoiler Spellslinger series spoilers A huge part of the series, and de Castell's writing in general, is the idea that the viewpoint character isn't the main character. Yeah, Kellen Argos is a really cool con-man with limited casting capability who does heroic stuff. But there is little he can do against the horrors of the world other than to inspire, and force the hand of, those who can. And, in turn, he is inspired by those he loves. Kellen isn't Frodo or Aragorn. He is Eowyn and Faramir. :::

  • That's how it used to be. It only became a problem when it stopped being an individual who owned rhe copyright and instead was owned by a corporation.

    Now corporations are treated as people, so this change would only make it worse for the little guys.

  • (From a US perspective) It would be good. As an analog, take a look at patents, the surge in 3d printer tech is because the patents expired. The idea is a "limited exclusivity", the permanent nature it has become is stagnating, and only there to benefit the corporate rather than personal nature that the system was designed for.

  • Would have made all of Disney and Universal's IP buy-ups over the last decade+ a lot more interesting.

  • As with all economics, the answer is probably complicated. Death incentives aren't great. Brands partially have value because they can be kept consistent, and some iconic characters have kept a relatively consistent identity across multiple authors. Allowing a free-for-all too early might make those kinds of characters harder to develop?

    My favorite variation on this (which probably also has complicated consequences) is that government should, after say ~10 years, get the chance to buy any particular copyright/patent for a sum (based on its profitability, say), and should they choose to buy then the work enters the public domain early. No idea what horrors this hides.

90 comments