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Public Domain Enhancement Act petition

EricEldred writes "Please sign the petition and support the proposed Public Domain Enhancement Act. See eldred.cc for details. 'This statute would require American copyright owners to pay a very low fee (for example, $1) fifty years after a copyrighted work was published. If the owner pays the fee, the copyright will continue for whatever duration Congress sets. But if the copyright is not worth even $1 to the owner, then we believe the work should pass into the public domain.'" See the brief description of the Act if you aren't familiar with what Eldred and Lessig are proposing.

17 of 669 comments (clear)

  1. So we're going to convolute the system more? by SuperDuG · · Score: 5, Interesting
    Let's make it simple, you get it for 50 years to horde and license and then WHAMMO, it's societies to be bettered and shared. You had your time to profit and since we allotted you the time to profit from it we now as society are going to keep it as our own. If in 50 years you haven't profitted from it, then we aren't going to see a use for it either, so it's not our concern and it's dead.

    This whole forever copyright thing is a pain in the ass and quite frankly a load of crap. If you want the legal protection of a copyright then you need to follow the rules, not keep profiting and profiting on it, while society is at your whim. Wuit convoluting an already convoluted system. There are other options, don't bother copyrighting something and then you don't have to worry about it being public domain in 50 years, you can keep it a secret forever.

    Online petitions also don't work, they're too easy to fradulate, if you're really concerned call your representative and talk to them about it, don't put your email address on a weblog and think you've done your civic duty.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  2. Re:automate it by PD · · Score: 5, Interesting

    Don't forget the works of silliness too. There's quite a few pulp novels from 50 years ago that are crumbling or lost, because they were literally printed on cheap paper. These "works of non-brilliance" are still important in their own way.

  3. Re:With the amount of material they generate? by PetiePooo · · Score: 4, Interesting

    Most copywritten material ISN'T worth $1. Corporations can't afford to pay $1 for everything.

    This is exactly the point. If a corporation can't make a single buck over the next five years on a copyrighted work, then they SHOULD let the copyright lapse and let the work pass into public domain. However, if the copyrighted work is still generating revenue, or they have plans to republish it, then they CAN afford the token fee of $1.

    Brilliant!

  4. Re:With the amount of material they generate? by BrynM · · Score: 3, Interesting
    I think what will happen is similar to what you say, but we'll see the packages get bigger. What is the copywritten item here:
    • A single song
    • The original album the song was on
    • The compilation album with 20 such songs on it
    • The Boxed set containing all of the Artist's work in his/her lifetime
    I can see the record industry trying to argue that the $1 for the boxed set should cover everything above. Of course, this could spark a move for print publishers to return to offering compilation sets from authors.
    --
    US Democracy:The best person for the job (among These pre-selected choices...)
  5. One Possible Complaint by JWhitlock · · Score: 4, Interesting
    I imagine a minority of copyright holders will utilize the service if the law goes into effect. This brings up a problem - most government agencies that charge fees do so to save the taxpayers the cost of government services, or only charge those who use the service. One dollar is not going to cover many of the costs of processing forms, maintaining a database, and paying someone to answer the phone.

    I have no problem with taxpayer money going to support something like this, but the industry lobbyists will mention it to lawmakers as a reason to not pass the bill, and it may be hard to argue why it's so important for works from 50 years ago to pass into the public domain. It can be argued, but I doubt I'll see Lessig on CSPAN any time soon.

    While this is a reasonable solution to the problems of creeping copyrights, maybe the fee should be something more substantial ($100? $1000?), so that there is a chance that fees will pay for the service.

  6. Re:You're missing the point by Steve+B · · Score: 4, Interesting
    Or, to put it another way (and I know this will be unpopular), why SHOULD the public get the works? The public are not OWED the works at all.

    One view is that copyright is a natural property right. Another view is that copyright is a creation of the state for a public purpose.

    The latter is the one written into the US Constitution. If you think the former is a better basis for American law, fine; get cracking on obtaining the agreement of 2/3 of each house of Congress and 3/4 of the states.

    --
    /. If the government wants us to respect the law, it should set a better example.
  7. Re:automate it by Ost99 · · Score: 5, Interesting

    That is why the fee should start earlyer (14 years was the old magic number, why not use it again) and increase exponensially...

    If it starts at $100 for year 15, and doubles for every 5th every year after... the fee would be over $800 000 after 80 years.

    Automatic renew process for *all* published works should run any company out of bussiness whit that system.

    - Ost

    --
    ---- Sig. gone.
  8. Problems with current copyright laws by coldmist · · Score: 3, Interesting

    Here are some other problems that this doesn't even begin to address:

    o Lack of having to register the work in the first place
    o Lack of hard limits on the final length of time it's valid
    o Removal of having to declare that a work is copyrighted (like in the front of a book or movie)
    o Extremely long duration, preventing the Public Domain from having access to the work in a timely manner

    These are just a few.

    I propose that we repeal all copyright changes since the first 1790 act that provided 14 years, renewable once for a total of 28 years. I think that it is a fair duration for the author to profit from the work.

    I also propose that any electronic work (either program code, etext of a book, etc) needs to be archived with the copyright office so that when the copyright expires, a copy of the source/text can be acquired for the duplication/shipping fee.

    Ryan

    --
    Don't steal. The government hates competition.
  9. $1 is far too low. by esnible · · Score: 3, Interesting

    I own a piece of Arizona desert worth $500. I must pay $13 in property taxes every year. The land is completely unimproved so what I'm paying for, in a sense, is police enforcement -- to kick squatters off.

    "Steamboat Willie" is a valuable copyright. Disney gets free enforcement of copyright laws on this valuable piece of copyright property. "Steamboat Willie" is more valuable and needs a lot more copyright enforcement than most titles. Disney should pay more for that protection.

    The purpose of property taxes are to offset the costs of providing services, like law enforcement, for the property. If Copyrights are to be considered Intellectual "Property", they must pay property taxes at their appraised value or forfeit that property.

    For a copyright that could be sold on the market for $500, a fair value for copyright should be about $13/year, after the initial grace period of 14 years (perhaps with optional free renewal for another 14).

  10. So disney has won... by phoroszowski · · Score: 3, Interesting

    I guess they've managed to convince everybody that a copyright owner has the right to his copyright indefinetly. Tack one more attempt onto the "Mickey Mouse for Disney" preservation act. It's this sort of fundamental shift in perception that is the hardest to fight. Just reading the main post gives people that idea.

  11. Fifty years by poptones · · Score: 4, Interesting
    In 50 years the present notion of copyright will be completely antiquated. There is nothing at all to prevent someone RIGHT NOW from making a "project gutenberg" type online publication. The only barrier is to PROFITING from such a project; if I were of the mind I could transcribe my favorite novels, technical works and poetry collections into PDF files, zip them up with an electronic "signature" just so others who found them could be sure of their completeness (at least according to me), and make them available to the entire world. I, you, or anyone can do this right fucking now - copyright laws cannot stop it, governments cannot prevent it. If we actually care about this we should be practicing what we preach and doing exactly this - right now.

    Moreover, commercial entities in other countries (where saner - or even insanely limited - copyright laws exist) could then take those documents and make them available 24/7 in a convenient, indexed format that others could then use for research, teaching, or even pleasure. Anyone would be free to open up their own librarius to the world via p2p communities, usenet groups, and even low cost webhosting services in countries like Russia, Taiwan and Poland. This would force other nations (like ours) to compete by either changing their stupid laws (and thereby allowing US based businesses to compete with these foreign entities) or by shifting the mindshare away from intellectually oppressive regimes and toward nations that better support a creative and free exchange of information.

  12. Write your representatives. URLs here. by dwheeler · · Score: 3, Interesting

    If you REALLY care about this, and you're a U.S. citizen, don't just sign an online petition - write (or at least call) your Congresscritters. The websites for the House of Representatives and Senate will both help you immediately find who your representatives are and how to contact them.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)
  13. It just struck me... by Misch · · Score: 3, Interesting

    It just struck me, I've seen something like this before. It was turned into an HBO "Real Stories" documentary.

    A drunk driver killed a girl. In addition to all his other punishments, he was to hand write and mail/deliver check for $1 each week to the parents of the girl he killed.

    This was to continue for a set amount of years.

    The amount of money was inconsiquential, but it did force the drunk driver to think each week about the life he had taken and the consequences of his actions. Even for just the time that it took to write and mail a check.

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  14. Self-Assessed fee by DanielRavenNest · · Score: 4, Interesting

    My suggestion is to have a self-assessed
    fee to keep the work in copyright, but
    make the work 'public-domainable' at the
    self-assessed value.

    For example, after an initial copyright
    period, say the 50 years required by the
    Berne convention, the copyright holder
    has to pay a fee of 1% of the value of the
    work for each 10 year extension. The
    copyright holder gets to determine the
    value of the work themselves. But anyone
    can come along and pay the determined
    value to make the work public domain.

    In the case of works with no residual
    value to the holder, or the holder is
    dead & lost, etc. the copyright will
    expire in 50 years, since no one will
    do the paperwork for the assessment.

    In the case of low to moderate value
    works, a copyright holder can keep
    it in force for a nominal fee, or get
    bought out at full value which he
    himself determined.

    In the case of high value works, like
    major motion pictures, the holders will
    get to pay a significant fee to keep it
    in force - i.e. $500k per renewal for
    a $50M movie.

    Daniel

  15. GPL is based on copyright. by Ungrounded+Lightning · · Score: 3, Interesting

    GPL is based on copyright. This law would mean that GPL code would begin to go into public domain in 50 years, unless somebody like FSF ponies up the bux. And given the plethora of incremental deltas (which, taken alone, will probably be considered "fair use" to apply), renewing copyrights separately on all the versions could get very expen$ive.

    (You'll recall that the reason GPL code is not just PD is to keep people from locking up the fixes and improvements.)

    Now it could be argued that in something as fast moving as software, something 50 years old is dead. But how old is Unix already, eh? (Not to mention "Hello, world!".) This industry is maturing. Like classical music, things written already, or being written now, are likely to have lasting value and be around a long time.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  16. Back to basics on copyright laws! by LeBain · · Score: 4, Interesting
    The Economist had a good editorial earlier this year recommending we go back to the original 14-year copyright, renewable once (for 28 years total maximum.)

    From the editorial:

    Copyright was originally the grant of a temporary government-supported monopoly on copying a work, not a property right. Its sole purpose was to encourage the circulation of ideas by giving creators and publishers a short-term incentive to disseminate their work.
    --
    Give serendipity a chance.
  17. How about extending this a bit.. by Lord+Bitman · · Score: 3, Interesting

    The purpose of this act seems to be to put anything not currently used for financial gain to be placed into the public domain. So why not extend this to actually say that?
    How about a law that says, in order to have trademark, patent, or copyright, the item [or a derivitive of that item] in question must be offered for sale, or in the case of trademark, used as a mark of trade. [obvious exceptions for non-profit orgs]
    The law says that you have copyright on your history paper, but if you're not going to gain money from it, why should you? Certainly you would have written it anyway in that case.

    Discuss below, I'll admit my ignorance if you'll admit that you're a queer.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All