Quote:
Originally Posted by jbjb
That's an interesting idea, but it's hard to see how it would work in practice, both in terms of what would be taxed (the holding of copyrights, or the income generated from them) and how much.
The income is already taxed by other means, and, at least in jurisdictions where the Berne Convention applies, copyright is automatic and does not require registration, so taxing holding of copyrights seems problematic. How do the authorities determine what copyrights you hold? Also, everything you or I have created, every letter we've written, every photo we've taken etc., is copyright. Should we be taxed on them?
/JB
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A proper copyright tax...
(If I were King of The Forrrest!)
The purpose of this tax would be to discourage excessive copyright length. So how to do it.
First it can't contravene the Berne Treaty. (Life Plus 50, fixed length for anonymous works and corporate works).
Second it must discourage copyright extension, but not forbid them. So here goes,
Set length of Corporate copyright to 100 years flat. Set free period of copyright for individuals to Life + 50.
To maintain length beyond those terms, a tax must be paid. Said tax to consist of the initial cost of producing the work. Said cost to be: for books, the initial advance plus any royalties paid on the work for the first 5 years. Said cost for movies to be cost producing the movie, by the most expensive method used for valuation, whether for accounts or payment of residuals, including such post-production costs ascribed to the movie for the first 5 years. For audio recording, the advance to the musicians plus all costs ascribed to the record and marketing process, for the first 5 years. (I am not going to try to ascribe value to computer programs, too tough.)
So if the Disney wants to keep the copyright going on
Bambi, when the time comes, they'll be paying several million every 10 years to keep it.
Casablanca would be around $700,000 every 10 years. A studio will be willing to pay for those copyrights. But not for a MovieTone short or Leon Carrol short. Or a not well known movie from 1937. Same for books and music.
You may disagree with the details, but this is the structure. It should shut up the mouse house demands for perpetual copyright and deal with orphan works.
RSE