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Moore's Lore

February 03, 2005
How To End The Copyright WarEmail This EntryPrint This Entry
Posted by Dana

Many people reading my stuff think I'm some wild-eyed anti-intellectual property radical.

Labels used for dismissal are as old as labels themselves. But I'm a writer. I make my living from copyright. I'm not trying to tear down the copyright system. I am, in fact, trying to protect it.

I believe firmly that laws which go too far are routinely ignored, while those that are reasonable are routinely followed. Today's laws go too far the way a 21-year old drinking age, aimed mainly at keeping 15 year olds from becoming drunks, turns Yale mixers into criminal conspiracy. (Old enough to fight and die in Iraq, old enough to vote, I say. But that's another column.)

It's time for some reason, for compromise, on copyright. Here it is:


The picture is of Charles Wilson Peale's 1791 Thomas Jefferson, who originally opposed any mention of copyright or "monopolies" in the Constitution, but finally supported the document's compromise language.


  1. Pare copyright length back to something reasonable. A term of 75 years plus life is eternity. Within 30 years your incentive to create more work is exhausted. If the copyright has been assigned to a corporation, this is still true.
  2. Increase trademark protection, allow the registry of multiple trademarks, and the image of Mickey Mouse (and his menagerie) are protected forever.
  3. Restore fair use. A DRM system that violates fair use should be invalidated by the courts. The use of copyrighted material for purposes of satire should be protected.
  4. Support Preservation. The equivalent of copyright fees on public domain works should go toward the preservation efforts of the Library of Congress, which could pass funds on to various trade groups engaged in it.

Let's return copyright to its intended place. It's not a property right, like ownership of land. It's a limited right, given for specific terms.

And in return for all this? In return for this you'll get universal support for cracking down on pirates, thieves, and everyone else bothering the copyright industries. With the people on your side you'll win. Without us you'll lose.

I think this compromise will win us.


Category: Copyright


COMMENTS
Jesse Kopelman on February 4, 2005 07:02 PM writes...

I think merely preventing corporations from owning IP is the pancea. When the rights belong to the people who actually did the work, a higher degree of propriety is achieved. Would this cause corporations to stop funding research? I don't think so. They could still contract for first right of refusal for any IP developed on company money. Anyway, their researchers would be all the more motivated.

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