Quote:
Originally Posted by darryl
Your concern is not without foundation, but I think can be overcome in the design of such a system. My intention was to raise what I see as a problem and suggest one possible solution off the top of my head. My main concern was orphaned works, but my proposed solution was wider than this. I really don't think it is desirable for rights holders to be able to withhold their backlist titles indefinitely, particularly not where the author has effectively relinquished control of the work. A book is not making money for anyone if it is not available, and there is now little excuse for this. Designed in a particular way legislation could gtve publishers a very big incentive to publish their backlist. Another option may be for the law to compel the reversion of the rights to the author or relatives if the work is not made available as an ebook within a reasonable time.
I find it interesting that publishers are one of many groups which talk about the importance of books to culture and argue that they should have special treatment for this reason. Yet so many books go out of print and sink without trace.
My suggestions at this stage are for discussion. I think there are problems which need to be addressed, but have not fully thought it through at this stage and am not wedded to a particular solution.
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I have frequently said that the ideal copyright law would be that a book is only protected if it is available for purchase. That protects the public's rights, something that is normally ignored in these discussions, as well as the author's. Copyright is a contract, not property. That means there are obligations on both sides.