View Poll Results: How long should a copyright last before the I.P. becomes public domain?

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  • There should be no such thing as a copyright.

    6 5.71%
  • 1-20 years after intellectual property is created

    19 18.10%
  • 21-40 years after intellectual property is created

    2 1.90%
  • 41-60 years after intellectual property is created

    1 0.95%
  • The copyright should last as long as the creator of the intellectual property is still alive

    24 22.86%
  • 1-20 after the original creator of the intellectual property has died

    14 13.33%
  • 21-40 after the original creator of the intellectual property has died

    3 2.86%
  • 41-60 after the original creator of the intellectual property has died

    3 2.86%
  • The copyright on the intellectual property should last forever (a perpetual copyright.)

    20 19.05%
  • other idea or I do not know(please specify)

    13 12.38%
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Thread: How long should a copyright last before it becomes public domain?

  1. #11
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    Harry Guerrilla's Avatar
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by radcen View Post
    This is a fair point, and I can't argue against it, but I generally feel "1-20 yrs after death of the creator" is fine. With some nuances...

    - If the creator is a business, then the business could conceivably keep it forever if the business lasts forever. Even that has some nuances, in my mind...

    - The human creator would legally be the "co-owner" if created on company time... and no ability to sign away fully to the company through coercion as is often the case now with patents.

    - If co-owned, upon death of the person(s)/co-owner(s), full ownership would revert to the company after the estate has its 20 year co-ownership period expire.

    - The company could keep it forever through mergers and acquisitions, and it could sell the copyright, but if outright sold, a strict 20 yr limit would be in place for the new buyer.
    I disagree with this because it inhibits growth of more IP.
    Ideas, whether they manifest themselves in the physical or artistic, aren't formed in a vacuum.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
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  2. #12
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Harry Guerrilla View Post
    Less than 10 years.
    There is no reason why a patent generally gets 20 years or less and other forms of IP get life + 70 years.
    The terms of a patent are somewhat more restrictive. Copyright can be all over the place.

    For example, I usually use a Creative Commons copyright for most of my projects. I couldn't be paid enough to use DRM. Copyright covers a wide variety of different uses and terms.

    I don't support copyrights that restrict fair use. And for me personally, I always allow adaptations with attribution. Sometimes I also allow copying and distributing. I usually don't allow commercial use, but may on an individual basis. I take this sort of loose approach to it because I believe in open information, and I have seen enough evidence to be convinced that restrictive copyright/DRM actually discourages potential buyers. Leaving things more free encourages them. It's a better business model to be less restrictive.

    In other words, all I ask is that people have some way of getting back to my original work. I don't want to discourage other people's creativity in the least - and copyright doesn't HAVE to do that.

  3. #13
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Temporal View Post
    I'm more concerned with how enforcement of copyright law is carried out. In particular, I am extremely disturbed by how corporations can sick the government on internet sites that host millions of users, confiscating their domain and their hard assets; yet when individuals claim copyright infringement or stolen ideas against corporations, they almost never stand a chance.

    The people of the U.S. should demand that corporate personhood be revoked. It was decided by five supreme court judges, not the legislature, and certainly not the people. Copyright law does need reform, but what needs reform even more is the way copyright law has been abused by conglomerates that are controlling the government and restricting freedom of speech.

    I have already decided that if SOPA and PIPA pass, I will not be returning to live in the United States after the next work term and my family will remain ex-pat.
    Agree fully with this. Enforcement has become way too dependent on the word of a corporation (most often), whom are no more likely to be earnest and honest than anybody else, and then the results are way too heavy-handed.

    Part of it is simply the fear of litigation. For example, John Smith posts something on eBay. Microsoft tells eBay it belongs to them and/or violates the user agreement. eBay takes it down for fear of litigation from Microsoft and does ABSOLUTELY ZERO in the form of investigation that Microsoft is actually correct. eBay leaves it to John Smith, who has not the resources Microsoft has, to prove he was correct.

    These are actual scenarios I have read in the past regarding eBay's Verified Rights Owner Program (VeRO). Problem is, eBay doesn't actually verify anything... they just take the corporation's word for it. Sure, eBay makes them certify that they're being honest, but that's just corporate legal CYA.

  4. #14
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Harry Guerrilla View Post
    I disagree with this because it inhibits growth of more IP.
    Ideas, whether they manifest themselves in the physical or artistic, aren't formed in a vacuum.
    I don't understand how this would inhibit anything regarding growth or R&D.

  5. #15
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by SmokeAndMirrors View Post
    The terms of a patent are somewhat more restrictive. Copyright can be all over the place.

    For example, I usually use a Creative Commons copyright for most of my projects. I couldn't be paid enough to use DRM. Copyright covers a wide variety of different uses and terms.

    I don't suppose copyrights that restrict fair use. And for me personally, I always allow adaptations with attribution. Sometimes I also allow copying and distributing. I usually don't allow commercial use, but may on an individual basis. I take this sort of loose approach to it because I believe in open information, and I have seen enough evidence to be convinced that restrictive copyright/DRM actually discourages potential buyers. Leaving things more free encourages them. It's a better business model to be less restrictive.

    In other words, all I ask is that people have some way of getting back to my original work. I don't want to discourage other people's creativity in the least - and copyright doesn't HAVE to do that.
    For IP we could do, what you have to do, when you write a paper, citation.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  6. #16
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by radcen View Post
    I don't understand how this would inhibit anything regarding growth or R&D.
    Legal wrangling, licensing fees, etc, etc.

    There needs to a be a point, in a reasonable amount of time, where a person can use your work, to create new work.
    The thing is, most if not all forms of new IP, are based on old forms of IP.

    Also, copyright should be an opt in system, not an automatic opt in.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  7. #17
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Harry Guerrilla View Post
    Also, copyright should be an opt in system, not an automatic opt in.
    It is, effectively. You are under no obligation to defend your copyright.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  8. #18
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Harshaw View Post
    It is. You are under no obligation to defend your copyright.
    Yes but, if a work is orphaned and someone wants to use it, while having no way to verify the owner, they open themselves to legal problems, if they do.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  9. #19
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    Re: How long should a copyright last before it becomes public domain?

    The only patent I have a problem with are process patents, especially those that can be reverse engineered. Its the single most restrictive thing in the computing field today. Drug patents also fall into that category a lot of the time, but its kind of a different kettle of fish.

  10. #20
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    Re: How long should a copyright last before it becomes public domain?

    Quote Originally Posted by Harry Guerrilla View Post
    Yes but, if a work is orphaned and someone wants to use it, while having no way to verify the owner, they open themselves to legal problems, if they do.
    If the work is "orphaned" there's no worry.

    Besides, to prosecute on a copyright claim, the work must be registered, and the owner is listed in the Library of Congress.

    Now, if a copyright holder wants to remain anonymous, it's their own business. Someone else merely wanting to use the work isn't enough to upset that.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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