Quote:
Originally Posted by ApK
1. Then just start at publication and simplify things with the same result.
2. I object to making it contingent on publication (see previous posts).
3. I will now write something and publish it in the name of an as-yet-unborn descendant JUST to make a liar out of you.  |
Simplicity is the reason that is why I proposed 100 full years from date of initial publication. A problem with basing on the life/birth/death of the author requires having to track down that information and track it to determine when a publication enters the Public Domain. Plus, it creates the current situation where publications released in the same year have a copyright that expires at different times, and you have to research to determine if a specific publication is still in copyright.
To me, using 100 full years from date of initial publication has the following advantages:
- It is based on an objective non-variable. When a publication is released in 1999 that is an objective date that won't vary.
- If it is not in the publication already, all you have to do is find out what year it was first published to determine if it is still in copyright.
- It is based on the date of publication, and it doesn't no matter how long the author has worked on the publication, the copyright begins when the publication is first released.
- It gives the author and his/her heirs adequate time to profit from the publication.
- It will eventually eliminate the issue of orphan works (where the information concerning the copyright cannot be determined), since it is likely that it can be determined when an orphan work was first released.
- It allows publications to predictably enter the Public Domain after a reasonable amount of time.