Re: [dvd-discuss] Petition for rational copyright law

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

"D. C. Sessions" wrote:

> Copyright is funny.  The copyright on "World Before Time"
> applies not only to the movie as a whole, but to each frame
> in it (and even to parts of each frame, such as images of the
> characters.)  I would argue that the renewal fee apply to
> each of the claimed copyrighted elements: if the rights holder
> wants to _claim_ each individual frame, let them _pay_ for
> each individual frame.
> 
> Otherwise, you're likely to see a renewal for "the Warner
> Brothers film collection, 1940-1944"

This is why I suggested using licensing fees as a basis.  If their is a
mandatory licensing fee, them us that.  Else, use the mean fee for the
work's peer (e.g. color "A" movies of 1950-1955) group.  Another
possibility is to use mean revenue of a works peer group as a basis for
fees.  Finally one could take the mean revenue divided by some benchmark
interest rate (30 yr bond, mortgage, fed funds, whatever) and compute an
effect asset valuation with the fee functioning as a property tax.  If
the industry wants to treat IP as real P -- we'll be more than happy to
oblige them.

Basing the fees on the mean (or mandatory) licensing is important. It
allows rights holders to protect works of above average value, while
simultaneously adding pressure to voluntarily relinquish (or fail to
re-register) works of below average return.  Of course, each year the
mean value calculation is applied to the new, smaller group of peers --
continuing the calculus of keep or relinquish.

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