Lessig's "Creative Commons" @ The FAA

tramm writes "The FAA, working with the EAA have put together a proposal to release old type certificates and blueprints once the copyright holders no longer exist. Sort of like Abandonware for airplanes. This very closely resembles Lawrence Lessig's idea of a creative commons, into which source code would be escrowed. Once the copyright expired or became abandonded, the sources would be released. "This set of legal guidelines will help the FAA develop a set of procedures to legally release what had previously been unnecessarily protected as proprietary data.". Hopefully the Copyright office will take note of the success here, as well as the Supreme Court's hearing of Eldred v Reno."

Comments

Re:What about the Bono act?

[Rick the Red]

From THE MOUSE THAT ATE THE PUBLIC DOMAIN (reported here):

The CTEA extended the term of protection by 20 years for works copyrighted after January 1, 1923. Works copyrighted by individuals since 1978 got "life plus 70" rather than the existing "life plus 50". Works made by or for corporations (referred to as "works made for hire") got 95 years. Works copyrighted before 1978 were shielded for 95 years, regardless of how they were produced.

I don't think very many airplanes were designed prior to January 1, 1923; I suspect the bulk of the aircraft the EAA is talking about were designed between then and 1978.

I don't doubt that the FAA is going to do this, but I also don't doubt that they'll get their butts sued over it. Somebody owns the assets of those defunct aircraft companies, even if they're no longer supporting the airplanes, and Bono gives them the right to sue. Not that they will, but they could. I doubt the FAA has the authority to violate copyright law, even if the copyright holders don't care -- the RIAA and MPAA might just care enough to sue to enforce copyright law in general (although IANAL and don't know if a 3rd party can bring suit in a copyright case).

Copyright

[JimPooley]

This is a damn good idea. Lots of planes are flying long after their original designer and manufacturer are defunct, and anything that helps that is a good thing. People may even take this occasion to bring well loved classic aircraft back into production.

However, I would like to take this occasion to point out one very worthwhile extension of copyright. J.M.Barrie, creator of "Peter Pan" bequeathed his royalties to the Great Ormond Street Children's Hospital. When the copyright was due to expire in 1989, a special case was made in UK courts that the copyright be held in perpetuity by the hospital.
Now that's a good copyright extension. It helps people.