Posted 13 December 2005 - 12:07 PM
Having just read the appropriate section of the US Constitution, I really think the present system is just plain broken. The copyright and patent systems exist to foster innovations, and the present system does not do so.
That nothing after 1923 is in the public domain is ludicrous. After a certain time, if you are an influential author, songwriter, moviemaker, or whatever, your thoughts have influenced people and should pass reasonably into the public domain. Not right away, but in a reasonable time.
Your life plus some decades is just not reasonable. A fixed period makes a lot more sense.
After all, Asimov used the term 'Frankenstein Complex' liberally in one of his later works. A strict reading, and period extension, of copyright law might well have prevented this reference even though people knew exactly what it meant.
I have heard the counter-argument that an author whose big work happens when they are young deserves protection, and I just do not see it. I wrote a great many stories, songs, and programs when I was twenty, and none of them are going to support me in my old age, nor is the work I did just after joining the workforce. I had to keep producing things of value to keep getting an income, and it seems fair that this is true of an author as well.
So, I just cannot see where the lyrics of a 50s Buddy Holly song should be protected over five decades later. A decade, or even a decade and a half - sure. Encourage good work.
Fifty years, no.
I can understand Tegan and Sarah, or Keane, currently hot bands with recent works, wanting to control their lyrics, though I can also see that they should be included for purchasers of the CD, etc. I do not buy decades old musical lyrics being controlled in the same way.
Scott