Elizabeth Barrette (ysabetwordsmith) wrote,
Elizabeth Barrette
ysabetwordsmith

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Refilling the Public Domain

I thought of an idea that would help refill the public domain, which is impoverished today because modern copyright rarely lets anything into common use.  Someone -- any sufficiently wealthy person, or a conglomeration of folks -- could buy intellectual properties and then declare them in the public domain.  

Rights to characters, novels, comic books, films, etc. change hands all the time.  Some are only partial rights, but other times all rights are for sale and that's what would be useful here.  Similarly some are expensive, but many are rather cheap and would be readily accessible.  People who decide to sell off their intellectual property may be seeking to have it developed, but frequently they just want to get one last bit of money out of something they don't consider very useful.

Look at minor comic book characters, for example, or campy movies; there is often much potential for further development that is unrealized in the original canon but easily accessed through fanworks.  Now imagine how much more awesome this would be if those works could be subsequent canon rather than fanworks.  

Continuing the idea, crowdfunders might also commission things for the public domain.  Some crowdfunding projects are open-source like Schrodinger's Heroes, licensed through Creative Commons like [community profile] nineforthenebulasheart, or otherwise available for people to share.  When things are shared instead of hoarded, this tends to make more goodies for everyone to enjoy.
Tags: cyberfunded creativity, discussion, reading, writing
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  • 5 comments
<3 Creative Commons. Jonathan Coulton gets a lot of mileage out of CC'ing his stuff; there's probably two or three YouTube vids out there for most of his stuff... and he encourages folks to make them, as long as they give him credit and aren't themselves making money from it.

Back in the day the Grateful Dead used to encourage folks to tape their shows and share; their business model was built around touring, not album sales, and the swapping of tapes was just free advertising.

Besides. If part of what you're doing isn't just singing for your supper but trying to get a point across (talis_kimberley), having the music spread as far and wide as you can get is a Good Thing.
>> Creative Commons. Jonathan Coulton gets a lot of mileage out of CC'ing his stuff; there's probably two or three YouTube vids out there for most of his stuff... and he encourages folks to make them, as long as they give him credit and aren't themselves making money from it. <<

I like that.

>> Back in the day the Grateful Dead used to encourage folks to tape their shows and share; their business model was built around touring, not album sales, and the swapping of tapes was just free advertising. <<

I have discovered, over time, that the increased tendency to harangue people makes me want to avoid their products. It can cost them a review, or lower the level of my recommendation. Conversely performers who treat the audience well and encourage them to share are more pleasing to me. I can't stop people from acting like selfish pricks, but I can deny them my willing support for their customer abuse.

Deleted comment

The original American version in 1790 was for 14 years, renewable for another 14 if the author was alive at the time, and covered only limited types of work. Later extensions made it 28 years and then life of the author plus 50 years, etc.
https://en.wikipedia.org/wiki/Copyright_law_of_the_United_States

The challenge is that there's a balance between author need and public need. For someone who creates only a few things, it's not much bother to register them and renew copyright if necessary. For someone who writes a lot -- for example, my thousands of poems -- it's impossible. Life of the author is a long fuse, but at least it's simple to determine whether something is in or out of copyright that way. Adding to that is what really causes the problems.

Right now the main problem we have is that megacorps own cash cows they never intend to give up, and they have the money to just plain bribe the legal system to protect their interests at everyone else's expense.
http://writ.news.findlaw.com/commentary/20020305_sprigman.html
The main problem, imho, is corporate personhood. For anything "created" by a corporate entity, an expiration date based on death of the creator is basically open-ended.

I wonder if a better way to deal with this is for copyright for the original work to remain in effect for life+N years (where N is long enough to benefit one's immediate family), but for derivative rights opened to the public much earlier.
>> The main problem, imho, is corporate personhood. For anything "created" by a corporate entity, an expiration date based on death of the creator is basically open-ended. <<

For corporate works, there's a set timeframe, which I think is currently 95 years; but what really makes trouble is the bribery that keeps raising the extensions.

>> I wonder if a better way to deal with this is for copyright for the original work to remain in effect for life+N years (where N is long enough to benefit one's immediate family), but for derivative rights opened to the public much earlier. <<

That is an excellent idea.