Do you think copyright is in need of serious reform? Do you think it's fine the way it is? What would you change if you could?
I personally believe that it is way too overbearing, lasts for too long, stagnates creativity, and allows for far too much overreach from both government and big business. As it stands right now, in the US, copyright has been extended from lasting a mere 28 (later increased to 56, both requiring manual extension of copyright) years to either 100 years after creator's death, or 75 years from creation date in the case of things made by corporations. Why is this necessary? Why hundreds of years? I feel there is no good reason for it.
Keep in mind, I am no lawmaker or lawyer or by any means an expert on any of these topics, but I just want to give my plan for a better copyright system that benefits both consumers and businesses. It will also free up the civil courts from frivolous legal battles, allowing them to better serve people who actually need the restitution. This will also aid in preservation. I will probably use games as examples, as that seems most relevant here.
Anyway, my idea was a flat 15-20 years from the day that sales of a particular work cease to be in an official fashion (meaning once Nintendo stops officially manufacturing and selling Switch cartridges of Mario Odyssey and the digital storefront shuts down, they have 15-20 years where the copyright on Mario Odyssey on Nintendo Switch is still valid). Don't panic just yet! Only the copyright for a specific work as a whole expires, the creator gets to keep their rights to things like characters, assets, code, etc, and other items. This way no one can, for example, make their own Mario games and try to make profit off of them, or rip assets to do asset-flip knock-off shit. All this means is that in like 2050, you wouldn't be able to get in trouble for distributing or downloading Switch games. An exception to this would be something like BIOS files or system software for game consoles, those would be fair game after the console stopped being manufactured and sold in an official manner and the 15-20 years have elapsed (meaning something like Playstation BIOS files would be a few years from being legal now).
Now, what happens when say Nintendo loses their copyright on something like Super Mario Bros. on NES and they decide they want to put it on Virtual Console? Well, the NES version of SMB will still be free to distribute as a ROM, but the copyright is renewed for the VC version, if that makes sense. What about things that are distributed for free, but the author doesn't want people trying to make derivitave works of it? Those probably wouldn't hit the public domain until let's say 30 years from date of creation? In today's digital world, that work would be so archaic that no one would really benefit from "stealing" it for profit.
That's all I can think of right now. Any thoughts or opinions? Am I crazy for thinking something like this can work? Obviously it would need a lot of fine-tuning and certain situations would have to be judged on a case-by-case basis, but overall I think it would really keep consumers out of the cross-hairs, and businesses would see us as customers again, instead of potential criminals. Free flow of information would be a thing again, and artworks would be less likely lost to time.
I personally believe that it is way too overbearing, lasts for too long, stagnates creativity, and allows for far too much overreach from both government and big business. As it stands right now, in the US, copyright has been extended from lasting a mere 28 (later increased to 56, both requiring manual extension of copyright) years to either 100 years after creator's death, or 75 years from creation date in the case of things made by corporations. Why is this necessary? Why hundreds of years? I feel there is no good reason for it.
Keep in mind, I am no lawmaker or lawyer or by any means an expert on any of these topics, but I just want to give my plan for a better copyright system that benefits both consumers and businesses. It will also free up the civil courts from frivolous legal battles, allowing them to better serve people who actually need the restitution. This will also aid in preservation. I will probably use games as examples, as that seems most relevant here.
Anyway, my idea was a flat 15-20 years from the day that sales of a particular work cease to be in an official fashion (meaning once Nintendo stops officially manufacturing and selling Switch cartridges of Mario Odyssey and the digital storefront shuts down, they have 15-20 years where the copyright on Mario Odyssey on Nintendo Switch is still valid). Don't panic just yet! Only the copyright for a specific work as a whole expires, the creator gets to keep their rights to things like characters, assets, code, etc, and other items. This way no one can, for example, make their own Mario games and try to make profit off of them, or rip assets to do asset-flip knock-off shit. All this means is that in like 2050, you wouldn't be able to get in trouble for distributing or downloading Switch games. An exception to this would be something like BIOS files or system software for game consoles, those would be fair game after the console stopped being manufactured and sold in an official manner and the 15-20 years have elapsed (meaning something like Playstation BIOS files would be a few years from being legal now).
Now, what happens when say Nintendo loses their copyright on something like Super Mario Bros. on NES and they decide they want to put it on Virtual Console? Well, the NES version of SMB will still be free to distribute as a ROM, but the copyright is renewed for the VC version, if that makes sense. What about things that are distributed for free, but the author doesn't want people trying to make derivitave works of it? Those probably wouldn't hit the public domain until let's say 30 years from date of creation? In today's digital world, that work would be so archaic that no one would really benefit from "stealing" it for profit.
That's all I can think of right now. Any thoughts or opinions? Am I crazy for thinking something like this can work? Obviously it would need a lot of fine-tuning and certain situations would have to be judged on a case-by-case basis, but overall I think it would really keep consumers out of the cross-hairs, and businesses would see us as customers again, instead of potential criminals. Free flow of information would be a thing again, and artworks would be less likely lost to time.