[Mu] [OT] (Fwd) [openlaw] Petition for copyright balance

From: Alfie Costa (agcosta@gis.net)
Date: Sat Jun 14 2003 - 00:20:47 CEST

  • Next message: John Beck: "[Fwd: Re: [Mu] Tutorials on porting applications to muLinux]"

    Off topic, not mu-ey. It is related to the topics of free software and free
    expression though, so it's not too out of place...

    US citizens reading this list may wish to sign the petition described below.
    Today it's up to 12,000 signatures, (I'm one of 'em), but more would be better.
    It proposes a law to alleviate some of the harm done by an infinitely prolonged
    copyright.

    ------- Forwarded message follows -------
    Date sent: Tue, 3 Jun 2003 17:51:23 -0700
    To: openlaw-announce@eon.law.harvard.edu
    From: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
    Subject: [openlaw] Petition for copyright balance

    The Supreme Court's decision in Eldred v. Ashcroft told us we'd have
    to take our case to Congress to reclaim for public use the vast
    quantity of art and literature under copyright but out of print. The
    draft Public Domain Enhancement Act would help do that by requiring
    copyright holders to pay a nominal fee 50 years after publication.

    Under this proposed Act, copyright holders still commercially
    exploiting their copyrights could retain those copyrights, and would
    update the records telling others where to contact them for
    licensing. Works that copyright holders didn't value at even $1,
    however, would go into the public domain -- where others might find
    new ways to use them.

    We think this Act would restore some of the public's copyright
    balance. If you agree, please consider signing the petition below:
    <http://www.PetitionOnline.com/eldred/petition.html>

    Thanks for your interest in Openlaw!

    --- petition: <http://www.PetitionOnline.com/eldred/petition.html> ---

    To: Members of the United States Congress

    We, the undersigned, while believing in the importance of copyright,
    also believe in the importance of the public domain. We believe the
    public domain is crucial to the spread of knowledge and culture, and
    crucial in assuring access to our past. We therefore write to
    petition you to reconsider major changes that you have made to the
    copyright system. These changes unnecessarily threaten the public
    domain without any corresponding benefit to copyright holders.

    In 1998, Congress passed the Sonny Bono Copyright Term Extension Act
    (CTEA). That Act extended the term of all existing copyrights by 20
    years. But as Justice Breyer calculated, only 2% of the work
    copyrighted during the initial 20 years affected by this statute has
    any continuing commercial value at all. The balance has disappeared
    from the commercial marketplace, and, we fear, could disappear from
    our culture generally.

    For example: The vast majority of film created during the 1920s and
    1930s is not commercially available. Because of the CTEA, much of it
    remains under copyright. Yet because it is often impossible to track
    down the copyright owners for these films, commercial and
    noncommercial preservationist and distributors cannot safely restore
    and distribute these films. And because these films were made from
    nitrate-based stock, by the time the copyright to these films expire,
    most of them will have dissolved.

    The same is true with many other copyrighted works that are no longer
    commercially available. Though the Internet could facilitate the
    distribution of this work if the copyright owners could be
    identified, the costs of locating these copyright owners is wildly
    prohibitive. Schools and libraries are thus denied access to works
    that otherwise could be made available at a very low cost.

    Such burdens on access to work that has no continuing commercial
    value serves no legitimate copyright purpose. It certainly does not
    "promote the Progress of Science" as the Constitution requires. We
    therefore ask Congress to consider changes to the current regime that
    would free unused content from continued regulation, while respecting
    the rights of existing copyright owners.

    One solution in particular that we ask Congress to consider is the
    Public Domain Enhancement Act. See http://eldred.cc This statute
    would require American copyright owners to pay a very low fee (for
    example, $1) fifty years after a copyrighted work was published. If
    the owner pays the fee, the copyright will continue for whatever
    duration Congress sets. But if the copyright is not worth even $1 to
    the owner, then we believe the work should pass into the public
    domain.

    This legislation would strengthen the public domain without burdening
    copyright owners. It would also help clarify rights over copyrighted
    material, which in turn would enable reuse of that material. The law
    could thus help restore balance to the protection of copyright, and
    support the public domain.

    We therefore call upon Congress to introduce this legislation, and to
    hold hearings on the benefits that it might have to reviving a
    vibrant public domain.

    When technologists have given us a tool that could spread knowledge
    universally, we should not allow the law to get in the way. The law
    does so now. This Congress should change it.

    Sincerely,

    The Undersigned

    ---
    More information: <http://eldred.cc/>
    -- 
    Chilling Effects: http://www.chillingeffects.org/
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