Petition to reduce US copyright to 28 years

[Greg Anos]

Just to stir up the pot a bit more...Nothing says that the US can't exit the Berne Treaty. I don't think the world will fight a war over it...

Having said that, I don't think the petition will do any good.

When Hollywood come to Congress to ask for another extension, that's hen to lobby.

[DrNefario]

That may be true, but then US-created works won't enjoy the protection of the Convention elsewhere. I can't see how any creative industry is going to be keen on that.

In the UK, I'd be quite happy (for now) with some kind of harmonisation with the shortest terms of other English-speaking countries, so that downloading "public domain" ebooks from the internet is not such a minefield. Death+50 and everything before 1923.

[Kumabjorn]

Originally Posted by pdurrant

I've been looking at the current text of the Berne Convention.

I'm not sure whether you're right or not. I thought it would be clear, but the more I read it the more puzzled I get.

Can anyone quote article and clause to justify either position?

International conventions and treatsies are known as "negotiable" texts, ie if not explicitly prohibited then it is allowed. Most laws, outside civil law, are known as "non-negotaible" texts, hence if not explicitly allowed (usually as an exception in a specific clause) then it is prohibited.

[HarryT]

Originally Posted by DrNefario

In the UK, I'd be quite happy (for now) with some kind of harmonisation with the shortest terms of other English-speaking countries, so that downloading "public domain" ebooks from the internet is not such a minefield. Death+50 and everything before 1923.

There is harmonisation, but harmonisation within the EU, on life+70. That happened in 1993, and I really don't think it's going to change in the foreseeable future.

[Format C:]

Originally Posted by HarryT

So no films, no TV programmes, no newspapers, no magazines, no DVDs, etc? All corporate copyrights.

I don't get the "no corporate copyright = no film" equation.

The "only copyright allows profit" position is a bit too short minded, in my opinion.

[CyGuy]

28 years is too long, it should match the length of a US patent at the very most.

[Format C:]

Originally Posted by odiakkoh

I think life+50 is a bit too long but 28 years seem a bit too short to me. The life expectancy during the times of our founding fathers was 35-40 years so 28 years made sense. You wrote something as an adult and the copyright pretty much expired when you did.

If you're not good enough to make money in 28 years, why should you be granted by law to try longer?

[teh603]

Originally Posted by HarryT

Waste of time. This would be a violation of the Berne Convention, to which the US is a signatory.

So if the US is a Berne signatory, why do we still have to register to get full copyright protection?

[HarryT]

Originally Posted by Format C:

I don't get the "no corporate copyright = no film" equation.

The "only copyright allows profit" position is a bit too short minded, in my opinion.

Films are (almost always) made by corporations. If those corporations are not permitted to own the intellectual property that they create, what would be the incentive in making it?

[HarryT]

Originally Posted by teh603

So if the US is a Berne signatory, why do we still have to register to get full copyright protection?

There's no "if" about it. The US most assuredly IS a Berne signatory. I don't know the answer to your question about registration - I don't know of any other country where it's necessary. Perhaps somebody else knows?

[QuantumIguana]

I think it is a waste of time and energy to lobby to reduce the period of copyright. It just isn't going to happen. Save the energy for the next time that there is an attempt to extend copyright, which will be right about the time when the copyright on Steamboat Willie is set to expire. The idea that "limited times" means infinity-1 is absurd.

[teh603]

Originally Posted by QuantumIguana

I think it is a waste of time and energy to lobby to reduce the period of copyright. It just isn't going to happen. Save the energy for the next time that there is an attempt to extend copyright, which will be right about the time when the copyright on Steamboat Willie is set to expire. The idea that "limited times" means infinity-1 is absurd.

Got enough money for a court case on it?

Although I doubt the current supreme court would be likely to agree; this is the court that ruled you can't restrict a corporation's ability to buy politicians.

[Kali Yuga]

You do not need to register to get copyright protection in the US. As soon as a work is in a "fixed form," it's copyrighted.

From a practical perspective, you have better protection if you register, but it's not required.

A 28-year copyright term is as unlikely to happen as legislators responding to an Intarnet petition.

[HarryT]

Originally Posted by Kali Yuga

You do not need to register to get copyright protection in the US. As soon as a work is in a "fixed form," it's copyrighted.

I believe, though, that registration is required in order to get statutory damages, should you have to go to court. But you don't have to register in advance; you can do so if you find yourself in the unfortunate position of being involved in a court case.

[Sil_liS]

It's an election year. It's the only time when the voting public has some small amount of power.