Re: Re: Copyright Expiration ?

On 02/08/2012 4:11 PM, Beth Young wrote:
>
> I am intrigued by the idea of taking into consideration how long a 
> book has
> been out of print as well as life of the author plus X years.
>
> One reason for copyright is to establish conditions that nurture creators,
> because all society benefits from what is created. If someone creates a
> work but then that work is not made available to society for a significant
> length of time, it seems that copyright isn't fulfilling its whole 
> purpose.
>
> There are problems with this point of view, of course. Suppose I write a
> book then disavow it--surely I should have the right to keep it
> unavailable. Or suppose I really want to make my book available but no one
> will publish it--it's not fair to punish me by taking away my copyright.
> (Plus that creates an incentive for works to not get published during the
> copyright period).
>
> But it's an interesting idea that helps tackle the orphan works problem.
>
> Beth
>

Beth,

In part that is the concept and wording of the Queen Anne Act, Berne and 
the US Constitution. I imagine you are working from the last of these.  
There is no question that the case for copyright legislation is the 
contribution to society that comes from the activity as a whole. In 
variations of detail that applies to other IP of course.

With certain exceptions I have always thought that outside attempts to 
micromanage how the author handles their works is defeating the 
objective of the legislation. Creativity does not work, or works far 
less well, in a restrictive environment.  So, if an author must, as you 
appear to be saying, publish his work it removes the opportunity to 
experiment; not only that it raises an almost impossible question about 
when do the words on paper change from research to outline to first 
thinking to first draft to any number of drafts to ready manuscript? And 
how is that affected by the method of publishing - thus one may 
self-publish what one pleases (though that is unlikely to please 
buyers), one may utilise some editing and design services, or one may 
seek the fine sifting of a traditional publisher.

At what point is that the book that must be published under the regime 
that interests you?

Then we are at a watershed where, in effect, no new book will be out of 
print/availability. Between ebooks, POD and print the issue will not 
arise. Books made before about ten years ago are in a different category 
where many are not available. I have no understanding of why, as a 
general rule, that is necessarily a bad thing. There are some specific 
titles mentioned from time to time, but I have seen few titles offered 
as serious examples.

As regards not publishing a work, there are many authors of note who 
have not, or did not in their lifetimes, offer everything they wrote. We 
know this in part from 'previously unpublished works' that are 
publicised from time to time. But I must make another point to you. 
Copyright applies to ALL original written work.  This will include 
private and personal items like diaries.

What I simply do not understand in what you write is the points "it's 
not fair to punish me by taking away my copyright" and "creates an 
incentive for works to not get published during the copyright period" . 
First, while a pirate might steal your work, or an "orphan chaser" 
pretend he can't find you, there is no legal way for anyone to take away 
your copyright - not even yourself. You can licence for free use, thus 
gaining no commercial benefit - or at least not directly; or you can 
licence it through Creative Commons - which is the creation of standard 
licences under copyright law for specific sharing purposes; or you can 
choose to keep it out of sight, or simply publish it.

As I already pointed out, the copyright period now, and in most 
countries is life of the author plus 70 years. So I can see no 
commercial benefit in not publishing until the heirs no longer have any 
rights.  Even your concept of being "punished" by no one publishing your 
work is no longer an argument; the barriers to self publishing are now 
so low that it can be done with less effort than seeking a conventional 
publisher.

There is a further problem with the description "out of print", 
something I raised when Google ignorantly included it in its now stalled 
Book Agreement. The term itself is usually used in contracts with 
publishers, and its definition can vary across a number and range of 
agreements. Book print runs, like medical tablet production, are in 
batches. The date of printing itself will offer no indication of whether 
copies of the book are available or not. While most bookshops return 
books that have occupied space for a while, books may stay on some 
shelves for years. If it is still available in one is it unavailable? Is 
being remaindered still available? Or out of print? And if it is 
remaindered, in any case, is there a market that makes it worth worrying 
about?

I think you can see that I have a serious problem with your idea. That 
centres on the question of what need there is for any vigorous work on 
"orphan works", and on the dangers of any weakening of copyright, which 
is difficult enough to defend as it is.

Joseph Harris


[Non-text portions of this message have been removed]



------------------------------------

------------------------------------------------------
Post a message:   ebook-community [[at]] *
Unsubscribe:      ebook-community-unsubscribe [[at]] *
Switch to digest: ebook-community-digest [[at]] *
Switch to normal: ebook-community-normal [[at]] *
Put mail on hold: ebook-community-nomail [[at]] *
Administrator:    ebook-community-owner [[at]] *

(* == yahoogroups.com)
-------------------------------------------------------Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/ebook-community/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/ebook-community/join
    (Yahoo! ID required)

<*> To change settings via email:
    [email protected] 
    ebook-community-fullfeatured-hHKSG33TihhbjbujkaE4pw@public.gmane.org

<*> To unsubscribe from this group, send an email to:
    ebook-community-unsubscribe-hHKSG33TihhbjbujkaE4pw@public.gmane.org

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/