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View Diary: Supreme Court to review first-sale doctrine in copyright law (214 comments)

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  •  Sorry, but you're wrong. (15+ / 0-)

    When the copyright period expires, it is no longer your work.

    Read that again.  When the copyright on your work expires, that work is no longer yours.  You already sold it.

    When the copyright period expires, it belongs to the public -- it is, literally, in the public domain.  

    The public bought it.  
    The public paid for it.  
    The public owns it.
    Not you.  Not anymore.

    The public paid for it by paying for the enforcement of your copyright.  
    The public paid for it by allowing you to have a limited monopoly on control of your work while the copyright period lasts.
    The public paid for it by artificially keeping the sale prices of your work higher than it would if you didn't.  Money that already went in your pocket.

    When you publish a work under the protections of copyright, you are entering into a contract with the public.  You get the benefits of copyright protection of your work.  IN EXCHANGE for that protection, you cede ownership of your work to the public when the period expires.

    Don't like that contract?  Don't want to give up control of your work?  The answer is very, very simple -- don't publish it., and don't take advantage of copyright.  Then, it will be all yours, exclusively, forever.

    You ask about someone coming along and taking the house I've lived in for 25 years.  Well, if I sold the house, and was paid for the house, then it seems perfectly fair to me that I should get the hell out of the house.  I mean, I sold it, so why should I get to stay living there, right?

    This issue -- of restoring copyright after 25 years -- is simply  a question of how much of a benefit you are receiving for the sale of your work.  It is an issue that is totally different from people downloading your works; that is a violation of your copyright protections, and it wouldn't matter if copyright was 25 years or 25 centuries.

    If copyright was only 25 years, would people really stop creating new works? Maybe a few might, but that kind artist probably wasn't motivated by their passion for creating great art that they loved.

    Which means they were creating absolute rubbish anyway.

    Which means they will not be missed.

    •  Or sell it in a more tailor-made way (0+ / 0-)

      If copyright holders want something on top of copyright, they should sell my signed contract rather than anonymous generic transaction.

      But nobody's buying flowers from the flower lady.

      by Rich in PA on Mon Apr 23, 2012 at 06:16:48 AM PDT

      [ Parent ]

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