And I could produce an endless example of innovation prevented or hampered by onerous copyright durations, and examples of creation that came as a result of works lapsing in to the public domain.
Absolutely. But then it would be down to a possible public good vs. denying someone income from their own work. I imagine that if it came down to that choice the courts would side with the individual.
I'm not sure how your proposal fixes this. You said that copyright terms should last as long as the public values and demands a work, and while the author lives. Joe's work obviously fell from popularity or was very obscure until the studio picked it up. What happened there? Did Joe lose his copyright during the obscure years, to regain it when the song became popular?
The scenario was based on the idea of copyrights only lasting 15 years. Anyway, I didn't mean that both conditions had to be true for the copyright to be maintained. What I meant was that as long as Joe was alive, he had a right to any profits made from his creations. I think that a lot of the issues that exist could be resolved by going back to the idea of a shorter initial copyright renewable for a longer time. Something like initial 20 or 30, renewable up to 70 or even 100 (given expected longer lifespans, etc) in steps of 10 years at a time. The creator would have to be the one to make the renewal, so if he dies there are no more renewals.
If Joe is still producing music 15 years later, one would hope that in that time he's been able to come up with something else to pay the bills (unless his music is more a hobby). We shouldn't provide these long copyright terms on the off-chance that song/story x could in 15 years time be used commercially. 15 years to me seems a reasonably amount of time for someone to control a work and pursue profit from it. Joe was either remiss in his efforts to profit from his work or the later success of his song is a bit of a freak occurrence.
Sure, but sometimes art is a very unpredictable business, just look at all the one hit wonders. Also, if you slightly modify my scenario with one of these one hit wonders having their one hit 15 years ago it may make a bit more sense. A lot of old popular songs are revived by covers, movies, TV shows years after original publication.
The idea of copyright only be owned by creators is a nice one, albeit problematic. I should have the right to sell the rights to my work to anyone I chose, which is why I think that copyright terms should simply be fixed periods. I'm presuming when you say that creators should be the only ones to profit, that this would include some scope for licencing works? Otherwise I don't see how publishers could exist, and although many of these companies are vultures (particularly on the music side) they do serve a purpose in the physical world. I would hope though that the move to digital distribution reduces their power.
I agree. Going with a renewable schedule like I mentioned above, the creator could sell the rights to those songs for those specific windows of copyright, after which the copyright would revert to the creator, and he or she would have the option to renew it, and sell the rights for the next window.
Maybe 15 is too short for all cases, but certainly I think we agree that the idea of copyright persisting after death is perverse and morbid. History records no instances of creation from beyond the grave.
Yes, we agree on that, and I think we agree on the general idea that there should be a better balance between the public interest and the interest of the creator of the work when it comes to copyright laws. I think it's mostly a discussion of how to fine tune it to best achieve that balance.