Personally I think 25 years. What do you think?
0 seconds. Abolish the concept completely.
Zero.
Copyright system barely ever benefits the authors themselves. Instead, it is one of the forces perpetuating the dominance of large businesses, and allowing monopolies and oligopolies to proliferate.
Particularly egregious are patents in the field of technology. We essentially agree to stifle the progress in the name of profits of patent holders - profits they’ll take from us - and it is not alright.
We must keep technology in the public domain for the benefit of society, and we must work on better forms of author compensation.
I don’t think copywrong should exist at all. Either it’s kept private or it’s in the public domain. That’s all there is to it.
Copyrights should expire five years from the date of initial publication at most.
The copyright should be nontransferable and exclusively held by the original creator/creators.
The creator(s) should be the people who substantively contributed to the work. Monetary contributions are not substantive.
The rights holder should be an actual human person(s) not a corporate entity.
The copyrighted work should enter public domain immediately upon the death of the last living rights holder or upon the expiration of the copyright. Whichever happens first.
Any decision to license the work should require the unanimous consent of all living rights holders.
If a rights holder is rendered incapable of making licensing decisions under suspicious circumstances all licenses to the work are immediately voided and no new licenses can be issued.
25 years? This is asklemmy, not unpopularopinion.
Six fucking months. Make your money, own your IP. Then let competitors/fans/copyslop have its way with it. I don’t care about the profit lifetime, I don’t give a single shit. Lawsuits are too damaging to let them be levied against random people and companies who aren’t at fault. If it’s too confusing to the consumer then maybe you can copyright the name of it or the creators name until there’s no longer significant work being done on the original IP so it’s not so easy to trick consumers or something.
Six months until someone can sell their version of Taylor Swift’s most recent hit word for word and note for note. Six months until you can make money off of your animated show Doc and Marty. Six months before you can cash in on your book “Hairy Pooter and the Sorcerers Stones” that’s just OG HP with the names swapped.
Ideas will be stolen and fame will go to the wrong people. Small creators will suffer. Much like happens anyway but people won’t be sued to kingdom come because mickey mouse was on a shirt that an extra wore in the shoot that made it into their indie film that blew up or whatever.
The purpose of copyright should be to allow authors to live off their work, and the purpose of its expiration should be to allow society at large to benefit from it.
Given that, I’d favor a return to the origins of the Statute of Anne, so something like 15 years with the chance of a single extension of 15 more years. Only the original author can apply for the extension, but the rights don’t expire with their death and can be sold or inherited.
This would give people 30 years to earn money from their work, and if a business buys them they get at most 15 years to use them, without the chance of hoarding them for too long.
I guess the ideal duration could be more or less than that, but I feel a good rule of thumb is: if some work came out during my lifetime, I have a reasonable chance to see it become part of the public domain while I’m still alive (and potentially use it to make something else from it).
It depends on the type of work. The proper length of copyright for books or films should long, about 20 to 25 years, because they remain relevant for longer. But software should be shorter, about 7 years.
The purpose of copyright is to enhance the public domain, not to create a business model. How well is 75 year old software enhancing the public domain? If any software has even entered the public domain through copyright expiration, what use is that software today? At best it’s an archeological curiosity, but more likely it’s no use at all.
Software should fall in the patent realm exclusively, and on a shorter version specifically.
It started on the same level as patents: 14 years. It could be renewed once for a fee. Anything beyond was a mistake.
The original duration of copyright was a flat 14 years, with a single additional 14 year extension if the copyright holder applied for it. So 28 years in total. It turns out that after 28 years the vast, vast majority of copyrighted works have already earned essentially all of the money that they will ever earn. Most of them go out of print forever before that point. It’s only a rare few works that end up becoming “classics” and spawning “franchises” that last beyond that point. We’re sacrificing the utility of the vast bulk of what should be in the public domain for the sake of making those occasional lucky hits into cash cows. There’s a great paper by Rufus Pollock, Forever Minus a Day? Calculating Optimal Copyright Term, wherein he uses rigorous economic analysis to calculate that the optimal duration of copyright for generating the maximum value for society is 15 years with a 99% confidence interval extending up to 38 years. So remarkably the original law hit the right duration almost exactly through sheer happenstance.
In an earlier paper he also determined that the optimal duration of copyright actually decreases as it becomes easier to distribute work, perhaps somewhat counterintuitively.
My personal opinion is that copyright should be strong in a manner inversely proportional to the size of the entity that controls that copyright. There should also be an extensive amount of work put into patching circumventions of this law.
If I personally make a little cartoon cat guy and make it big but I’m still just like one person making animations by hand I should be able to keep copyright on my creation pretty much until I die.
If I’m a multi-million dollar corporation the copyright protection should fall off dramatically. Corporations can still make a big profit on things they just can’t be the sole proprietor forever.
I’m not sure what exact figures would be fair but you get the principal, smaller entity longer protection. Basically the opposite of whatever the fuck Disney is doing to the law.
My personal opinion is that copyright should be strong in a manner inversely proportional to the size of the entity that controls that copyright.
Disney creates 100 mill small copyright holding companies. You lose.
My only issue is what if you start as a single artist but it gets so popular you become a corporation?
Like if your little cat guy gets popular enough you make a bunch of merch, maybe a video game, get offered funding to make a TV show… When does it switch? I could totally see this abused like “yeah we want a cat-guy show on Netflix! Here’s 100k to make it… Aw shame you are now above the personal limit so your copyright no longer exists so we will make it ourselves and you get no money!”
As I outlined previously I think this would involve somebody or a lot of somebody’s a lot smarter than me writing very elaborate law to fill in all the edge cases but yes.
I see the intent but can also imagine so much abuse… “yeah I own the copyright privately, yeah megacorp finances me, and yeah I technically own and control megacorp but the copy right is privately owned… Why are you asking all these questions?”
The original version of the USA copyright law had it right:
United States copyright law traces its lineage back to the British Statute of Anne, which influenced the first U.S. federal copyright law, the Copyright Act of 1790. The length of copyright established by the Founding Fathers was 14 years with an option to renew it once for 14 more.
After a quarter century, if it’s still relevant, then it’s part of community culture and everybody should be able to have access to it.
Make that 5 + 5 and it’s fair IMO.
Maybe sime special extra years can be made for some types of creations, (or less) like medicine, cartoons, books etc.
So the original Star Trek series would’ve been public domain by the time the first movie was released? I don’t think that’s reasonable.
Competitors could have created their own Star Trek films and released them at the same time & really muddied things, preventing TNG from ever happening. I think it’s reasonable that a creator be able to control their creation’s direction for a good while until it’s firmly established as being what they wanted it to be. Creative work takes time, and so more time than you suggest seems only fair to me.
It would be from the release date.
And why should startrek get some kind of exception? Just because they “made it” doesn’t nean hundreds if other series wouldn’t have been better even. Lots of trash is made because there is a cash incentive.
BTW, nowhere is it stated that you can trash the artwork either, that is how it is in france, you can use it but not abuse it.
Totally fair, 28 years.
For an independent artist in the US, I think their lifetime +25 years & 9 months.
It’s something they made, they created it, they deserve to profit off of it.
Why the +25 years & 9 months?
Independent artists may not have a more traditional retirement plan with a pension/401k, health benefits, etc. They work for themselves, their income can be inconsistent, sometimes their work may not become popular until years later or even after they pass away.
But that work is how they’re providing for their family, their children’s care and college funds and such, funeral expenses, help their spouses along after they pass, etc.
In the US you can usually stay on your parents healthcare up until 26, so I think it’s fair that we should allow their family to profit off that copyright for that long after their death.
If I were an artist, and immediately after getting my wife pregnant, keeled over dead, I’d want to know that I’ve left behind something that will help them along at least a bit hopefully at least until my kid is hopefully old enough to stand on their own since.
And sure, not every artist is going to be leaving behind a pregnant wife, but most people are going to have some sort of family who are going to be stuck with funeral expenses and other legal bullshit to sort out, and I think that 25ish years is a reasonable enough timeframe to keep the copyright tied up before releasing it to the public domain.
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For works created by/for a company (or owned by one if an individual creator sold it to them,) I think it can get a little murkier.
A lot of people cite the old 14 years + one 14 year extension that was the original US copyright law. And I get it, that sounds reasonable enough I guess.
But a lot of things have changed since then, companies are bigger, things like video games exist now that didn’t back then, and some things have gotten a lot more complex.
Let’s look at the MCU, just the main movies have come out over 18 years and is still going for the foreseeable future, and with spider man and Deadpool sort of tying in some of the pre-MCU movies into the shared multiverse, you can even argue that it’s 26 years at this point. Hell, Marvel and DC have been doing their thing since the 30s. New Star Trek stuff has been trickling out since the 60s. Mario first appeared in Donkey Kong 45 years ago. Skyrim came out in 2011, and the next elder scrolls game is still probably years away. We just didn’t have franchises like we do now back in 1790, I think it’s fair that the laws should reflect in some way how long-lived some franchises can last now.
I think it might be fair at this point to allow a company to hold copyright on something indefinitely (please put away your torches and pitchforks) but
- They need to renew the copyright every 5 years. If they don’t it automatically enters the public domain.
- In order to renew it they must make that copyrighted property available to the average person. If I can’t go out and buy a copy of a specific movie, game, book, etc. then they don’t get to sit on the copyright for it.
- After maybe 50 years (I’m flexible on that, but 50 is a nice, round number,) as long as they’ve kept up with the renewals, they still own it, and other people/companies have to pay them to use it for commercial purposes, but they no longer control it, after that point they can no longer deny anyone the right to use that media as long as they’re paid for it, and they don’t get to set the price, that becomes a fixed rate set by the government. A 50+ year old movie (or whatever) costs $X if you want to make and sell copies of it, $Y to create and sell merchandise based on it, $Z to show it in a theater, etc. and those prices will be kept reasonable.
- Also, after 50 years, non-commercial use opens up. You can use it to your heart’s content however you want, copying it, sharing it, posting it online, whatever you want, as long as you’re not making a profit on it.
Bridging parts 4 and 5. Let’s say you wanted to post a whole movie on YouTube. If your channel isn’t monetized you’re totally in the clear, you can do that. However YouTube might still make a profit off of it being there due to ads and such. So YouTube can either
A. Not allow copyrighted material in their TOS, and must take it down when (and only when) requested by the copyright holder.
Or
B. Choose to pay the appropriate licensing fee to stream that copyrighted material, which again would be a fixed, reasonably low rate set by the government. It might be worth it to them to pay that fee because it means increased traffic to their site.If your channel is monetized, you would have to pay that fee. Again, these fees are going to be fixed and kept fairly low. What those fees are is probably going to depend on how it’s used. Using, let’s say, a clip that’s 30 seconds or less of something in another video might be a one time fee of $5, but if you’re posting the whole movie, maybe that deserves some percentage of what you earn from those views unless YouTube decides to pay for the streaming license for that movie (if you then owe anything to YouTube for that and how much would be part of whatever monetization agreement you have with YouTube)
Deciding exactly what those licensing fees for 50+ year old media should be is well outside of my pay-grade.
EDIT: There’s a lot more to intellectual property than just copyright, trademarks, patents, etc. so this is really only scraping the surface, but hopefully this kind of shows where my head is at with these kinds of matters.
I think copyright should expire the moment it is no longer actively being printed or produced. Out of Print should equal Out of Copyright. For older works, it they’ve ever gone out of print, that’s a good time to enter the public domain. Go ahead and get a good initial run, but when you cease making your living off it, let others have a try.
I understand this is not a popular take. I could compromise and allow the original 14 year + 14 year renewal.
Let’s think about upper tolerable limits: there’s zero justification for copyright existing past the death of the original author, and I emphasize original author as the sale of copyrights to corporate entities offends me deeply. I would see copyrights as licensable, but never fully transferable or even ownable by any but a non-corporate human individual.
But even the lifespan of the original author seems a bit long.
To be perfectly honest, in my true ideal world, copyright would not exist, and payment for works of art would not exist except in as much as everyone on earth would receive everything they need to live and thrive. Art would then be created by artists because they want to create art, and there would be no restriction on use whatsoever.
I do think copyright should still exist, but with fair use being significantly expanded, maybe something like CC BY-NC?.
The bit about being non-transferable and owned by the individual creator is exactly what I was thinking.
Also: fuck patents.
Seems overly strict - what if you have cashflow issues, or something is unpopular but then sees a resurgence? A time limit seems more reasonable, and then an out-of-print limit too. Perhaps a way that people can demonstrate demand for something out of print so it can be used to officially require this use it or lose it protection?
It should be 20 - 25 years after death of the author… As it was before, before the Disney chimed in and lobbied copyrights protection 75 years after the author death
Even that’s kinda ridiculous. Why are we inhibiting everyone so your child can profit off something they never touched and that you finished 50 years ago? You had the rest of your damn life to figure out how to profit off it.
In the US, it’s a pretty common situation to have some kind of retirement plan through your job, like a 401k, or if you’re very lucky a pension. And if you die, in a lot of cases, that retirement plan gets paid to your spouse or children in some fashion. That’s a big part of how people plan for their families in case something happens to them. It might help to cover funeral expenses, or settle debts, or legal expenses, or just to make sure their spouse or children can afford to live if they die.
If you’re an independent artist though, you may not have that. Ideally you’d have some kind of life insurance, IRA, etc. to help fill that same role, but art is a fickle business, not everything sells well or is an instant classic, and sometimes it takes a while for something to get popular.
Let’s say I write a book and get it published, and it’s reasonably successful, but not exactly a bestseller. I probably got a nice little payment for selling the rights to the publisher, but I’m also expecting to have more money trickling in for at least a few years as long as it stays in print and keeps selling. And in the meantime I’ll hopefully get more books published, more payments, hopefully bigger, from the publisher, and then have even more money flowing in from book sales. If I’m really lucky, maybe one or more of those books will really be a hit, if not, hopefully I’ll at least have enough moderately successful books published to have a steady income from them, be able to save up some money, keep food on the table, save up for my kids’ college funds, my retirement, etc. it’s a long-term plan.
But instead I keel over and die. My spouse is now a single parent.
If I worked a normal job, hopefully some of those benefits are kicking in to help my spouse take care of herself, my funeral arrangements, and our kids. Survivor benefits from my pension start payment out to them or they get access to my 401k, maybe I even had some kind of life insurance through my job.
But since I didn’t work a normal job, all they get is that trickle of money from my book sales.
And you want to cut even that off for them.
And then to add insult to injury, now that I’m dead and it’s in the public domain, maybe my book gets turned into a movie which becomes an enormous hit and makes millions of dollars for some Hollywood studio, and my family doesn’t get a penny of it.
Yes, ideally we’d have better social safety nets in place to help people out in those kinds of circumstances, but we don’t, and until we do this is what we’re stuck with.
It’s considered intellectual property so it can be passer down to descendants… As any normal property can be
1 week, for theater and festival screenings. Better make it so good that nobody feels like they can do it better. As for people trying to do it cheaper, well it was going to happen anyway.








