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Re: [dvd-discuss] Specific ironies of the CTEA



On 11 Dec 2002 at 9:26, John Zulauf wrote:

Date sent:      	Wed, 11 Dec 2002 09:26:42 -0700
From:           	"John Zulauf" <johnzu@ia.nsc.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Specific ironies of the CTEA
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> 
> microlenz@earthlink.net wrote:
> > 
> > On 10 Dec 2002 at 14:04, John Zulauf wrote:
> 
> 
> > > Certainly the arbitrary coupling of authors life span (Mozart vs.
> > > Berlin) to copyright terms is antithetical to promoting progress.  In
> > > order for progress, one must be able to do reasonable "make-buy"
> > > decisions regarding the cost of using extant works and
> > > return-on-investment for acquiring the rights to a work or for creating a
> > > new one.  Disney bought a number of rights from Jim Henson (assuming some
> > > duration) and then a misdiagnosis of pneumonia kills him at a young age.  Or
> > > how about Jim Fixx (of the Complete Running Book) -- who died of heart
> > > disease (hereditary) 10 years after writing (and presumably assigning rights
> > > to) his bestseller.
> > 
> > Woooowww there! At 70 years Disney didn't make a bad bargain! So the return on
> > investment argument doesn't really work.
> 
> But the investment choice was based on a reasonable expectation of 100
> years or so.  To me making every "make-buy" decision an actuarial
> exercise is very odd.

Besides in the case of Hollywierd they can't even spell actuarial and when you 
say it they think you are talking about those films that Arnold 
Schwartzeneigger or Sy Stallone make (made)

> 
> > > Beyond that is the impact of death variability on uses of the public
> > > domain.
> > 
> > That's the point.
> 
> What do you me.  Variability in use by the public would be a strong
> negative. See below and quoting myself.
> 


Variability in just getting to the public domain is another strong point.
> > 
> > >Instead of all works from a given period being released into
> > > the public domain -- allowing a critical mass of works for study or
> > > revival-of-interest.  
> 
> What I'm trying to say is the since works of a given period do not
> expire simultaneously (a) study of them is skewed (for monetary and
> licensing reasons) to the earliest dying authors, not the most
> significant ones.  Also, since works of a period dribble into the public
> domain, the chances for a revival are decreased due to the lack of
> "critical mass" of works from a period.
> 

This is an excellent point (consider adding it to TWIKI on the thread comparing 
life plus and fixed term. The irony too is that economically if the early or 
middle works enter the public domain and spur a revival, then the later works 
are still copyrighted and the estate MAY get some $$$ that they wouldn't have 
gotten hoarding it all until the very end. (of course that's the problem with 
all the Posner and Landes garbage. The define the problem in narrowest terms so 
it can have a solution and then want to argue it IS the solution)

> > > "Life-plus" pseudo randomly withholds and releases
> > > works based on the age of the author when the work was created and when the
> > > author dies (with such arbitrary elements as accident (Aliyah, and "the day
> > > the music died"), war (Glenn Miller), the quality of local health care (Jim
> > > Henson), personal mental health care (Kurt Cobain), parental sanity (Marvin
> > > Gaye), assassination (Selena) among many others.
> > 
> > Actually this IS a good point especially with Popular Culture and the history
> > of culture. Try reprinting "New Yorker's Best Short Stories of 1926"
> > 
> 
> Exactly.
> 
> > > How one purports to promote progress with this plethora of
> > > unpredictabilities, uncertainties, and unequal rewards is imponderable.
> > >
> > 
> > Well.the answer is easy..It doesn't
> > 
> 
> > > Hmmm, that brings up an interesting point... a T-70 deathwatch. When DO some
> > > of the depression jazz classics pass out of copyright based on the untimely
> > > demise, and starving artist conditions of the bop, swing, and neo-bop
> > > periods.  Glen Miller died in 1944 ... that would make 2014 the last year
> > > (pre CTEA it would have been 1994) for all Glenn Miller music.  Why Miller
> > > and not Goodman of the same era?  Fortunes of war (and likely friendly fire
> > > at that), literally.
> > >
> > > Anybody else of similar stature liable to have their works released
> > > before 2014?  We need death dates starting around 1933.
> > 
> > Don't know about Jazz figures but consider F.Scott Fitzgerald 1940. Zelda died
> > even earlier.
> 
> 2010 for FSF, huh.  Any other unlucky, miserable, short-lived authors we
> can pick on?  Part of the reason is to build a case for the power of the
> public domain at promoting works (and the importance of a short term). 
> As these significant works by the untimely dead expire, we should make
> sure that the PD dissemination of the works is well documented.
> 

I've seen a website that has list of works and the dates published but I can't 
find it offhand (I don't organize my bookmarks very well)
> .002
>