House Judiciary Chairman Plans Comprehensive Review of US Copyright Law
SEWilco writes in with news that U.S. House of Representatives Judiciary Committee Chairman Bob Goodlatte plans on conducting "...a comprehensive review of US copyright law over the coming months.""In a speech given in celebration of World Intellectual Property Day at the Library of Congress today, Goodlatte mentioned a few examples of the sorts of problems that he hopes to address in such a review: 'The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners. Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate. There are concerns about statutory license and damage mechanisms. Federal judges are forced to make decisions using laws that are difficult to apply today. Even the Copyright Office itself faces challenges in meeting the growing needs of its customers - the American public.'"
Do you really think that the end result will be better, and not worse?
I'd happily pay $100 for a certain movie -- but the copyright owner won't sell! BigCorpInc has decided there isn't enough profit to be made so they won't make it available. But a core of diehard fans has been trying to track down remaining copies. I've had a worldwide ebay search running for years now and zero hits. A few copies are known to exist in the private collections of actors who were in the film -- but they don't want trouble from a potential future employer, so they won't make "illegal" copies for us fans.
Once the copyright owner no longer offers the product for sale, the law should allow fans to distribute copies for free. The owner is essentially saying "I can't figure out how to distribute this." Well, we can. So get in gear or get out of the way. It's not costing you lost sales when you refuse to sell.
In a sane world, "a comprehensive review of copyright law" would lead to cutting copyright terms back drastically. Something on the order of 14 years plus an optional, one-time 14 year extension. This would take care of abandoned works (after 14 or 28 years they'd be public domain) and would enable us to simplify copyright law. A sane world would also set different penalties for "non-commercial infringement" (you shared that movie on a P2P network for free) and "commercial infringement" (you burned that movie to a few dozen DVD discs and sold them for $5 each).
Of course, I don't think we live in a sane world. Instead, I'm sure we'll see proposals helpfully "guided" by the content industry. Perhaps terms will be lengthened. Maybe penalties will rise. Perhaps more criminal penalties will be enacted and law enforcement will be forced to take a bigger role in arresting individuals whose crime was installing a P2P program that shared out music files on their computer. (Because, you know, law enforcement has nothing better to do than help the RIAA/MPAA enforce their business model.)
I *really* hope that sanity will prevail, but I'm not holding my breath.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.