Re: [dvd-discuss] Eldred Amicus

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

There was an earlier discussion on abandoned intellectual property. THe 
problem with that concept is that it really is a bandaid solution to the 
problem of long copyright terms. If the terms for things are set at limits 
that reflect the utility or expected lifetimes and a little beyond, then 
things enter the PD at time that they are of benefit. Nothing is abandoned 
since it WILL be made available again if it has merit at the end of 
copyright. 

From an administrative viewpoint, the notion of abandoned intellectual 
property is fraught with the problems of determining copyright expiration 
NOW (thank you reform act of 1976 and Berne Convention). It becomes a 
major search to see if there is a copyright and if it has been exercised 
in some time. Just because something is rare or hard to find does not mean 
that the copyright has not been exercised. Somebody may be selling the 
work out of their home through mail order with ads in the University of 
Southern North Dakota at Hoople college paper.




Kurt Hockenbury <khockenb@stevens-tech.edu>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
05/30/2002 08:55 AM
Please respond to dvd-discuss

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


On Wed, 29 May 2002, Ernest Miller wrote:

> This reminds me of the idea of a tax. If copyright is property, then it
> should be subject to a property tax, right?  One of the reasons we tax
> property is to encourage its use.  We don't want property to stand idle.
>   Same goes for copyrighted works.  If you are still using it, you pay a
> tax, and can afford it.  If you choose not to pay a tax, it goes into
> the public domain.

Interesting.

If the publishing industry insists on calling distribution of copies as
"piracy", I have made the suggestion that duplication of unavailable works 
be
referred to as "salvage".

So when someone digitizes a 30 year old, never re-released vinyl album and
makes it available, they are engaged in a "salvage operation of 
intellectual
property".

See also "abandonware".

What other odd ideas can we pull out of the "property" metaphor?