It’s amazing what a difference a little bit of time can make: Two years after kicking off what looked to be a long-shot campaign to push back on the practice of shutting down server-dependent videogames once they’re no longer profitable, Stop Killing Games founder Ross Scott and organizer Moritz Katzner appeared in front of the European Parliament to present their case—and it seemed to go very well.
Digital Fairness Act: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14622-Digital-Fairness-Act/F33096034_en
It’s not even an issue of “orphaned works.” Every work becomes Public Domain eventually; that’s the point of it.
In fact (according to originalist American sensibilities, at least) the entire point of copyright law is “to promote the progress of science and the useful arts” (i.e., to enrich the Public Domain) to begin with! Allowing works to be copyrighted (essentially, borrowed back from the Public Domain temporarily so the creator can profit, thus incentivizing the creation of works) is merely a means to that end, not some sort of moral entitlement.
Copyright and patent are a compromise.
Society is iterative. Every work of art or technology is significantly based on prior work. So if you go to the extremes, where “I intented it, it is mine forever and passed to my children” society stalls as technoligarchs never license their patents. If you go full blyatski and outlaw personal ownership, you get Soviet Russia, a nation whose contribution to global culture has been a few ballets, some long depressing books and precisely one video game, because nobody is given incentive or even opportunity to create anything, so they don’t.
Give us a full copy of your work, enough information to make a full copy of it. This will be held in trust by the government. We will give you full, exclusive right to monetize your invention for a couple decades, and the copy stored with the government is the stake in your claim, the proof you need to win your lawsuit. After those couple decades are over, the idea becomes public property. Our inventors get to make a living, society gets to progress.
Copyright has gone cancerous, with terms lengthened far beyond a human lifetime to benefit major corporations and not individual creators. We need to fix that.
To be fair, Soviet Russia probably has a bunch more stuff than that; we just don’t know about it because it didn’t get translated and distributed to the West. The “Dr. Livesey Walk” meme is from a Soviet cartoon, for example.
I can only assume artists got funded by government grants or something, IDK. It probably did result in a lot less of it being created than in the West, though.
(Also, I think the ballets and books you’re alluding to might’ve been pre-Soviet?)
Anyway, I completely agree that copyright and patents are a compromise, and that the pendulum has swung way too far to the side of rights-holders at the moment.
(I was thinking of the likes of Shostakovich, born 1906 died 1975, but he did symphonies, not ballets? I think of Soviet performance art and I smell orchestra pit.)