Dragaera

Artificial release dates and online publishing

Joshua Kronengold mneme at io.com
Mon Dec 16 21:39:27 PST 2002

David Dyer-Bennet writes:
>Joshua Kronengold <mneme at io.com> writes:
>> The point is that fixing copyright to anyone's lifespan is ludicrous
>> unless you think the possibility of someone writing a parody or fanfic
>> (or even commercial variant on same) is a tragedy.  And as much as it
>> might feel like one (just like, say, a negative review), it's not --
>> it's just a thing.  
>Parody is protected fair use, so that's not at issue.  Most fanfic
>*is* a tragedy.  The better fanfic is a tragedy *twice* (they should
>have been writing something original).

Eh.  Nothing completely original is worth reading.  Everything else is
a matter of degree.

>I don't see how I can protect the creators rights if the creator can
>be forced to sit by and watch people totally pervert his creation.  

What rights?  If someone can pervert your creation deliberately, by
parody, what's left that's worse?

Misrepresentation?  That's covered by libel -- if you put an author's
name on the cover of something without permission and don't explain
how you've changed their work, you're open to libel, methinks (if
they're still alive, anyway).

Someone else making money off your work?  It's going to happen
eventually; the key is to making sure you make your share (which for
most works will be a lion's share with or without lifetime
copyrights). 

Really.  What's left?

[note that I'm using parody to point out that no copyright law
actually stops what the lifetime argument says needs to be
stopped...nor should it.]

>> Without that, a lifetime-based copyright is just a sop to genius 18
>> year olders, and a punishment to 80 year olders, who can't necessarily
>> sell their works for as much...and a means of keeping works out of the
>> public domain for 0-70 years longer than they would otherwise be.
>I'd guess anything over life+10 would give old people the same prices
>on their work. 

Except that the same arguments against "lifetime" apply here -- if
their book gains popularity, and sequels/movie rights are in the
offing, the heirs are taking a serious hit, whereas with a fixed term,
they've got the same chances everyone else does.

>> Remember -- the average lifespan is increasing -- this is -not- a
>> fixed term.
>Not sure it's still increasing. 

Dunno...but it's certainly been trending in that direction, if in fits
and starts.  

-- 
     Joshua Kronengold (mneme at io.com) "I've been teaching |\      _,,,--,,_  ,)
--^--him...to live, to breathe, to walk, to sample the   /,`.-'`'   -,  ;-;;'  
  /\\joy on each road, and the sorrow at each turning.   |,4-  ) )-,_ ) /\     
/-\\\I'm sorry if I kept him out too late"--Vlad Taltos '---''(_/--' (_/-'