Re: Re: will everyone concerned about copyright please read this

On 20/09/2011 22:55, Richard Hamilton wrote:
> Joseph,
>
> Regarding the specific points about Beethoven and Bach, yes, you're right that you might be able to license, if you could find descendants (neither has any known direct descendants), and they agreed to the use. Given the specific examples, if I were a descendant of Bach, I'd say yes, Beethoven, no (though that is strictly a matter of musical taste:-).
>
> But, that's an aside to my main points, which were 1) that a perpetual copyright would make the already difficult job of tracking copyright ownership nearly impossible, and 2) that in my opinion, expiration of a copyright after a reasonable period of time is, like expiration of a patent, in the public interest.
>
> Best Regards,
> Richard

Thing is Richard, these arguments have been around since the start of 
the internet [four decades?], so the chosen examples have come to be a 
part of the case being presented each time.

The clarity now of your two points make discussion easier. I agree with 
Dan there is a straight logic for perpetual copyright based on property 
concepts; but I also accept your point *in some cases* it would probably 
mean tracking problems.

I think your second point - which is of principle, is pretty much agreed 
except for the two extreme views of perpetual copyright and no copyright 
at all. And we already have a working system, agreed internationally. 
And agreeing internationally is no mean feat! I have no particular 
attachment to the specifics of the current position, but they are 
unarguably *a* balance between recognition of the ownership of the 
creator, and the public interest in cultural effects.

That balance depends entirely on the millions of micro-monopolies that 
copyright brings. The point is very simple; control of copying is what 
copyright is. While some people are going to write even if writing 
becomes proscribed, the vast majority of contributions to the cultural 
pool are because of the prospect of payment. Payment is possible only 
through copyright. Unless one returns to private or state control by 
patronage.

The problem, for cultural growth, and public interest being served by 
that, is that the thin end of the wedge is pretty certain to quickly 
break the whole system. *That* is the curse of the technology. It would 
break the blessing of that same technology in the massive flowering of 
new quality works we are seeing.

Joseph Harris


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