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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.

14 of 669 comments (clear)

  1. Hm... by Anonymous Coward · · Score: 5, Funny

    if the copyright is not worth even $1 to the owner, then we believe the work should pass into the public domain

    No wonder most open source apps are free.

  2. copyright automation and patents by Anonymous Coward · · Score: 5, Funny

    I believe I am going to patent the idea of automated fund submission for copyright extension.

  3. Infeasible by howardjp · · Score: 5, Insightful

    This is completely at odds with current copyright law. Copyright law, under the Berne Convention, grants copyright immedietly upon creation of the work. There is no regisration requirement. Requiring registration on the backend is nonsensical and the Copyright Office will be unable to validate existence of a valid copyright when granting the extension.

    For instance, what prevents me from paying the dollar and renewing the copyright on "The Wizard of Oz" (movie, not the book, the book is public domain)?

    1. Re:Infeasible by Washizu · · Score: 5, Informative

      "This is completely at odds with current copyright law."

      That's why you need a new law to change it.

      "Copyright law, under the Berne Convention, grants copyright immedietly upon creation of the work. There is no regisration requirement. Requiring registration on the backend is nonsensical and the Copyright Office will be unable to validate existence of a valid copyright when granting the extension."

      Right now you don't have to register a copyrighted work so how does the Copyright Office settle disputes? Like everyone else - evidence.

      Copyright would still be granted immediately and last for 50 years. After that, you must pay $1 a year to keep that copyrighted work out of the public domain. I would suggest they not care about who pays the $1 to uphold the copyright. Any author who wants to release his work in the the public domain can, whether someone pays the $1 or not. A third party interested in purchasing the rights to something may want to keep it out of the public domain, but I think this would be a rare exception considering they'd still have to buy it from the author if the work is copyrighted.

      --
      OddManIn: A Game of guns and game theory.
  4. Re:automate it by diablochicken · · Score: 5, Insightful

    And that's fine if they do -- if it's worth it to a company to automate the process, more power to them. That's not what this is for.

    This is to allow the works of artists and writers who have gone missing to become public domain, so that their books and such don't just sit around collecting dust (and potentially disappearing from the face of the earth). This would allow people to save obscure works by republishing them even if they can't contact the original author to get permission.

    This will become more and more important as the term for copyright gets extended indefinitely by congress, and we lose more and more works of brilliance to the dustbin of history.

  5. 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
  6. You're missing the point by cleveland61 · · Score: 5, Insightful

    Think about how many works are *lost* to the public because it is no longer profitable for the owner to keep them published. Out of print books, movies and recordings should be in the public domian if the copyright owner isn't willing to keep them available for whatever reason. For those owners that wish to maintain thier copyrights, they can. But for others who don't care, why shouldn't the public get a crack at these?

  7. Just like mineral rights in some states by Aging_Newbie · · Score: 5, Informative

    Mineral rights expire if not renewed regularly. If the rights are not worth renewing they don't persist forever. Systems that automatically clean themselves up are a Good Thing (TM)

    IANAL but I bought some land and found out that nugget along the way

  8. 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.

  9. This could be tricky. by AnriL · · Score: 5, Insightful

    I see a number of potential issues with the idea. First of all is the obvious automation of the renewal process which will make it easy to automatically extend the copyright. However, the $1 (or whatever) fee is per work, that is, a fee to keep a single artwork copyrighted. This is all fine and dandy for bookwriters and moviemakers with an expected total of works in the count of 10 to 20 in a lifetime. But consider photographers, who shoot thousands of photos a year, or quite likely much more. Do they have to pay for each of their photos?

    Stock photography might radically change in view of this idea ...

    Of course, you say, but the photographer will then have to choose among his best work and pick the ones for which he wants to keep the copyright! Blah. You can't resolve it like this. Suddenly you'll have poor artists who will be exploited because they didn't pay their copyright fee, and you'll have rich art whores who'll pay to have every single piece of their crap copyrighted.

    It won't work. You might as well decide to have the copyright last ten times as long as it took to create the particular artwork. So if it's a photo, say ten days at most. If it's a book, 10 years or thereabouts.

  10. Re:probably not effective by vudujava · · Score: 5, Insightful
    Speaking as one who has literally put thousands of hours into writing a book, I have to ask where you get off telling me that there should be a hard cap on the limit of my copyright. Don't I have the right to profit for the rest of my life from my work? What about my children? What about my grandchildren?

    I don't care how long Disney holds on to the mouse. Just because you place no value on your work doesn't mean that the rest of us don't place value on ours.

  11. You've missed the point by AuraSeer · · Score: 5, Insightful

    This has nothing to do with corporate copyrights or the Mickey Mouse problem. That's a completely separate issue.

    The reform is aimed at non-corporate copyrights, the stuff that no one will bother to renew. Say some author wrote a scholarly book in 1924, which is now considered to be important. Because it's still under copyright, people like Project Gutenberg cannot use, reprint, or archive it without the author's permission.

    After 80 years it'd be very difficult to legally acquire permission, even from the author's estate. He may have multiple generations of descendants, or no descendants at all, so it's nontrivial to figure out which party has legal authority over the work. For most purposes, getting permission to use the work is simply not feasible.

    This change to the law would fix that problem. After 50 years, if the author's heirs have stopped caring (or have just died out), the $1 will go unpaid and the book will become public domain. Scholars and archivers can do with it as they will. On the other hand, if the work is important enough that someone does bother to pay the $1, we'll know that the payor is the person with legal authority. Scholars and archivers will know exactly whom to ask for permission. Either way, we no longer have the problem of unused works gathering dust under unnecessary copyright.

  12. 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.
  13. Re:probably not effective by Turing+Machine · · Score: 5, Insightful
    I have to ask where you get off telling me that there should be a hard cap on the limit of my copyright

    Constitution of the United States, Article I, Section 8:

    The Congress shall have power to... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;



    That's who gets off telling you.