|
The issue here is a very simple one. If it is offensive to public policy for Goebbel's estate to receive royalties, the solution is not to unjustly enrich a publisher by allowing them to use these materials royalty free, particularly when they had already agreed to pay royalties. The solution is for the state to appropriate the royalties through proceeds of crime type legislation. Ideally, the funds should then be directed to an appropriate charity, though most governments no doubt simply then route it to consolidated revenue. The second point about important historical documents does need some consideration. SteveEisenberg's example of Irving Berlin's biographers being unable to quote from Berlin's songs is, to my mind, an example of where copyright has obviously gone a step too far. Perhaps there should be a copyright exception for this type of situation, or at the very least a rand-type licensing scheme with minimal royalties for this type of material.
|