New (and calmer) Copyright discussion thread (split out from "Publishing a Sequel")

Eric San Juan said:

Just a point of clarity, as it would be misleading to attribute modern copyright laws (or anything resembling them) to the Founding Fathers.

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Relative to the term of copyright protection currently afforded, this is true. The concept of copyright protection, however, is a different animal. My own view is that the current terms are simply too long. I always thought the 28+28 renewal situation had about the right balance. But I can almost guarantee that when the Bono extension limit threatens to kick in nine years from now, we'll see a massive effort from all corners of the publishing industry to put another 20 year (or longer) extension in place.

caw

Of that I have little doubt.

blacbird said:

Sure. Seeds produced by most "hybrid" varieties are infertile. But that most certainly wasn't clear from your post.

Regardless of that, what Monsanto is doing is simply evil greedy crap of the most egregious nature.

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FWIW, I wholeheartedly agree.

blacbird said:

And they're by no means alone. Another seed outfit (I don't have info on whom) has patented the seeds from a particular wild pepper found in Mexico, thereby prohibiting any gardener from growing that plant. This is utter crap, as far as I am concerned.

caw

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Here's the story of a company that got a patent on growing broccoli sprouts (no one else could grow broccoli sprouts without violating this patent!). It took several other companies in the industry working together to overturn it:
http://www.gene.ch/gentech/2001/Nov/msg00028.html
http://www.sproutnet.com/Press/court_upholds_denial_of_broccoli.htm

Nivarion said:

Okay where was I?

Ah yes.

Now, There is always the question of how long. How long does the period of low activity need to be?I would say five to ten years.

How long after the publication can they sue?
The most simple ansewer IMO would be about fifty to Seventy years before it (Oh god) become part of the public phsyce. (Shudders "I can't believe I just said that!") Or gets forgoten anyways. Like take a look at Tolkeins work (I'm going to keep using him because Tolkien Estates are the worst of them. I mean, my god, try to copyright "Shire" when that is an ancient word!? unbefreakinlevable)

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I believe that would be registering the word as a trademark, as a single word is too short to be protected under copyright. You night be interested in seeing what Monster Cable has been doing with the word monster:
http://en.wikipedia.org/wiki/Monster_cable#Trademark_and_Patent

Nivarion said:

Actually the seeds you get from them does grow, It just doesn't make any fruit. I planted some watermelon seeds last year, they grew big beautiful watermelon vines but never made any flowers to pollenate.

Also, when the big corporations controll the food and it gets whiped out by a plague (Very likely like the potato famine) well thats what you would calll the second horseman. His buddies will be right behind.

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Don't worry, those big corporations have lots of silos full of grain that's only a couple years old, and only has a little bit of mold in it. <hack> <cough>

Eric San Juan said:

It's worth noting that the Founding Fathers you praise did not create a system whereby copyright lasted for the lifetime of the creator + an additional 70 years. The brilliant and well farsighted Founding Fathers' first copyright law, enacted in 1790, offered 14 years protection with an option to renew for an additional 14 years. In 1831, the initial stretch of protection was extended to 28 years. By 1909 terms remained well short of today's even after renewals were extended to 28 years, too. Historically, it is only relatively recently that copyrights were extended to the lengths now enjoyed by copyright holders.

Just a point of clarity, as it would be misleading to attribute modern copyright laws (or anything resembling them) to the Founding Fathers.

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Some of the earlier extensions of copyright may have had to do with Stephen Foster, a famous American songwriter who died broke in spite of the great popularity of his songs (apparently songs were covered under copyright at the time). You've probably heard or sang one or more of them. I remember singing "Oh, Susanah!" in the second grade.

For an author who is going through this -- Reclusive J.D. Salinger emerges -- via lawsuit

Best of luck,

Jim Clark-Dawe