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Originally Posted by Sweetpea
And that's my major gripe against the current copyright laws. If they won't lower the years after death, at least they should add the clause: "or as long as it's publicly available" (and I'd like to add, in as many forms as possible).
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The publication requirement would be nearly unenforceable in an era of print on demand and digital distribution.
And what qualifies "as many forms as possible?" Should video be available in DVD, Blu-Ray, VHS, Laserdisc and Beta? Should digital music be out in AAC, protected AAC, MP3, WMV, OGG and a dozen other formats that no one uses? If I announce a new media format tomorrow, are all publishers required to instantly adopt it, no matter how small my actual or potential audience is...?
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Originally Posted by Sweetpea
Everybody agrees that the copyright laws are to make sure that the creator will get his just reward. But, if it's not available, why copyright it as he won't get any revenue from it anyway?
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Again, orphaned works needs to be resolved.
The problem is you have to structure it so that it doesn't constitute a back door to rip off the artist. E.g. let's say I am a photographer and I took a well-known photo of the Concorde way back when. Some unethical art director believes it will be cheaper to treat it like an orphaned work rather than find me, even if they know who took the photo; or perhaps the image is under an exclusive license.
In some cases the art director is just going to do it anyway, but an orphaned work system could a) provide cover for infringing uses and/or b) may encourage people to "infringe now, pay later" and at a lower cost than a lawsuit.
In fact, in this case it may be better for my client if the image is "unavailable" for further commercial use. A photographer or graphic designer may make an iconic image associated with the client that they choose to protect rather than make widely available.