Subject:
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Re: Copyright vs Public Domain?
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Fri, 9 Mar 2001 19:52:09 GMT
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Viewed:
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221 times
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In lugnet.off-topic.debate, Tim Courtney writes:
> http://www.boston.com/globe/magazine/8-29/featurestory1.shtml
The author makes some verrrry interesting points (1), perhaps the largest of
which concerns how existing public-domain stories are being exploited for
commercial purposes by Walt Disney Co. (In fact, I found the article to be
somewhat boring up until this point, around paragraph 28 ;-) Also, after
this point, the examples of what would not exist with the absense of public
domain laws are amazing. Disney, to be sure, wouldn't have had quite the
success they've enjoyed.
I find curious the argument that copyright terms were extended to keep up
with current EU copyright laws. Is it really this bad in the EU as well?
Are youngish cultural icons in Europe just as fiercely controlled as those
in the USA?
The argument that the new law is needed because people live that much longer
than they did in 1978 is patently absurd. I suspect that the author needed
some filler material, and this is what he found.
Certainly, I feel that the Sonny Bono law is bad and should be repealed.
The argument that it should be repealed simply because the Constitution
limits the terms of copyright, however, doesn't hold much water. (Just as
the Founding Fathers laid down what rules they saw best, they also provided
the mechanism with which their rules could be changed.) Similarly, I don't
buy the argument that "since you can't give an incentive to a corpse" the
law should be thrown out -- you can definitely give incentive to an estate
or trust to continue works based upon the original. (This view is better
stated by Arthur Miller in the article, with only a half-assed retort by
Lessig.) I do agree, however, that such a strict law stifles free
expression, and as such may be in violation of the First Amendment. Let's
re-write the Constitution one clause at a time, folks.
Cheers,
- jsproat
1. That, or I am just now getting acclimated to reading news articles on IP :-,
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Message is in Reply To:
 | | Copyright vs Public Domain?
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| An interesting issue - I don't think I'm going to dive in on this but I thought I would post it for others to give opinions on. I'm interested in hearing what you have to say: (URL) (24 years ago, 9-Mar-01, to lugnet.off-topic.debate)
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