[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [dvd-discuss] Eldred Amicus



<D/A> Yes but the rights that the author possesses are part of their 
estate, just as their other property and can be sold or retained by their 
heirs as any other property. THis is how it has been for centuries. 
Besides, death comes unexpected and terminating these rights at the time 
of death becomes arbitrary. How can businesses or estates plan to publish 
works under such conditions? Some form of objective and unequivocal 
determination of when copyright ends must be used.






Jolley <tjolley@swbell.net>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
05/28/2002 08:20 PM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
        cc: 
        Subject:        Re: [dvd-discuss] Eldred Amicus


The answer for an upper limit could be in the constitution.
  ...by securing for limited Times to Authors...
Anything granted beyond an author's lifetime is being granted to
someone else.

someone somewhere wrote:
> 
> I don't think that the court will give a precise answer to what 'limited
> times' are, since no one seems to have given them any detailed 
information
> as to how they would decide that.  Plaintiffs only say, that constant
> extending isn't limited any more, but they, nor amici say that eg. 28 or 
5
> or 10 years is limited and why eg. life expectancy, speed of 
distribution,
> ... . Even the economists amici, altough they say that long terms are
> economically not right, don't say what a proper term could be.  Since
> nothing specific has been offered, I don't think the court will just 
figure
> out something by itself.  I think a chance has been missed here...
>