Re: [dvd-discuss] Must Copyright terms be uniform?

["John Zulauf" <johnzu(at)ia.nsc.com>]

microlenz@earthlink.net wrote:
> 
> What are the reasons for 7yrs, 14 yrs, or 28? What purpose would
> be achieved by those terms rather than 50 from publication?

I believe I outlined why a 20-30 year maximum is of value

Earlier John Zulauf wrote:
> > the inspiration of youths imagination should be availabe as
> > the grist of maturity's production ==> 20-30years,

this is another revision of the statement others and I have made that a
public domain must contain valid, contemporary, and relevant works or it
is of little value to the public.  Whatever we demand as the public's
side of the copyright bargain, one cannot

As for the "to extend or not to extend" -- this useful as it promotes a
"shorter is better than longer" model and mind set in the law.  A
requirement for active publication or promotion of the work over the
full course of the initial term as a prerequisites would function as a
balance the public's desire for the shortest possible term, and the
copyright holders desire to continue earn profit from
still-valuable-at-14-years works (which I would argue are the vast
minority).

Finally I utterly disagree about supporting the "one hit sinecure" model
of copyright (which is what we have today) as:

(a) it guarantees that the most significant (or at least popular) works
of our time will only be available for further creative developement by
the highest bidder.  Effectively guaranteeing the corporatization of
those most important works.  When you think of the havoc hollywood has
consistantly played with great literature (and poor) the highest bidder
should not have the artistic control of our cultural "crown jewels."

(b) it disincentivises successful authors motivated by gain.  Copyright
is all about encouraging authors motivated by gain.  If authors cared
nothing for gain, the copyright would be unneeded as it would serve
motivate noone and yet cost the public their freedom to copy.  Though we
might establish some means of patronage to support these authors
voluntarily to enrich our culture (as have gov't and private grants to
the unprofitable art for years).   However if gain did not promote
progress by encouraging works, the copyright clause would be invalid, as
no exclusive right could meet the "promote progress" test.


.002