April 2005

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30

« A Look Back at NBA v. Motorola | Main | Little Debate before the House Passed the PDEA »

September 29, 2004

Comments

Indeed, you've just invented more or less the copyright system the founding fathers had in mind. Renewal was required after an initial term of protection up until 1976. Indeed, it was so important a part of the traditional contours of the US copyright system that its removal has given rise to a constitutional challenge:

http://cyberlaw.stanford.edu/about/cases/kahle_v_ashcroft.shtml

Consider, too, the fee structure. Chris Sprigman and Richard Posner have recently proposes systems like the one you describe; see these posts for more:

http://www.joegratz.net/archives/2004/08/26/a-summary-of-chris-sprigmans-reformalizing-copyright/
http://www.joegratz.net/archives/2004/08/23/posner-and-patry-on-formalities/

Joe, thanks for the helpful links. I look forward to the forthcoming articles. Your post about Chris Sprigman's upcoming article mentions voluntary "new-style" formalities, to which if the copyright holder decides to opt-out they will be subjected to a default license. This default fee would be such that cost of non-compliance and the cost of compliance will be roughly equal. If this is so, where is the incentive to comply with the formalities? Also, without giving away any of the paper, have any ideas about how exactly to set up a default fee that is reasonably fair?

The comments to this entry are closed.