We're going to have a panel discussion about this and other issues on
copyright during the SFC Conference at New York Law School on April 20-21!
Should be nice to see how we can push the copyright discussion forward
(from a FC perspective).

Cheers,
Jennifer


On Mon, Dec 3, 2012 at 6:20 PM, Wilhelmina Randtke <[email protected]>wrote:

> Counter argument that was not tried before:
>
> -  Copyright under the constitution requires both (1) originality and (2)
> fixation.  "Fixed in a tangible medium of expression" isn't as developed,
> but it's there.  This is why antibootlegging (recording live music without
> the performer's knowledge) is done under the Commerce Clause, not the
> Copyright Clause.  Because the creator has to be involved in fixing the
> original expression in some tangible medium.
>
> -  If an artwork isn't both original and also fixed in some form, then it
> isn't subject to copyright.  The Copyright Clause of the constitution can't
> apply.
>
> - Since the 1850's paper tends to be printed with acid levels that give it
> a maximum lifespan of about 100 years.  This is because the sizing (stuff
> that keeps ink from feathering) is done with alum rosin.  Studies on paper
> permanency are available.  Film has a slightly shorter lifespan.
>
> -  The argument is that the lifespan of the physical media sets a maximum
> limit on the duration of copyright.  If an artwork has a set amount of time
> that fixation will last, then that sets a maximum limit on the copyright.
>
> Here's long explanation:
> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1908318
>
>
> Decaying paper easier to understand than an economic argument based on
> math.  Decay is less speculative than future profits.  A book made in 1923,
> on alum rosin sized paper, is now approaching the end of its life.  Acid in
> the pages will continue to oxidize, not on a straight line, but at an
> increasing rate along a curve, and the pages (probably already brittle and
> easily broken by folding) will eventually turn to ashes and crumble due to
> acid in the pages.
>
> To see this for yourself, you can take an old book, and crease the corner
> of the page.  If the paper breaks along that crease, then that book is near
> the end of it's lifespan.  Nothing will change that.  It is impossible to
> reverse the brittleness.  There is no unseen mathmatical factor, like in
> economics.  It's going to happen.
>
> If copyrights are extended, then for the first time in US history, the
> duration of copyright will exceed the lifespan of a mass produced sheet of
> paper, and hence of the average book.
>
>
> What other arguments have people developed this past decade?
>
> -Wilhelmina Randtke
>
>
> On Sun, Dec 2, 2012 at 1:02 PM, David Riordan <[email protected]>wrote:
>
>> A Bloomberg 
>> article<http://www.bloomberg.com/news/2012-11-29/a-free-market-fix-for-the-copyright-racket.html>about
>>  the RSC's pulled copyright reform report just got me thinking...
>>
>> Back in 1998, almost 14 years ago, Congress passed the Mickey Mouse Sonny
>> Bono Copyright Term Extension 
>> Act<http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act>,
>> which took all works then covered under copyright in the United States and
>> retroactively tacked another 20 years of monopoly before they would reach
>> the public domain. Works that would have reached the public domain in 1998
>> got a stay of execution from the hands of *the public* –* those unwashed*
>>  *masses* – until a date far, far in the future, 2018.
>>
>> *Wait - that's like six years away! That's pretty soon!*
>>
>> We haven't talked much about copyright term extension since Larry Lessig
>> lost us 
>> <http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp>
>> *Eldred v. 
>> Ashcroft<http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp>
>> * and got these retroactive copyright term extensions enshrined as
>> constitutional as a side effect. So now, for copyrighted works to enter the
>> public domain, Free Culture advocates really have only one form of
>> recourse, blocking term extensions.
>>
>> We don't know when this extension movement will begin (its early stages
>> are likely being planned now), but we know it's inevitable. Consequently,
>> we should begin to prepare our counter-argument now so we're ready when it
>> comes. Who knows, we may soon have a strong base of support on the 
>> right<http://www.bloomberg.com/news/2012-11-29/a-free-market-fix-for-the-copyright-racket.html>
>>  (which
>> will have the delicious side effect of causing Democrats like me an
>> existential crisis), which would bring some serious firepower to the fight.
>>
>> Otherwise, the 115th Congress might be the one to realize Sonny Bono's
>> dream, as so eloquently put by his widow, Mary Bono on the floor of the
>> House of 
>> Representatives<http://www.gpo.gov/fdsys/pkg/CREC-1998-10-07/pdf/CREC-1998-10-07-pt1-PgH9946.pdf#page=7>
>>  back
>> in 1998:
>>
>> Sonny wanted the term of copyright protection to last forever. I am
>> informed by staff that such a change would violate the Constitution. I
>> invite all of you to work with me to strengthen our copyright laws in all
>> of the ways available to us. As you know, there is also Jack Valenti’s
>> proposal for term to last forever less one day. Perhaps the Committee may
>> look at that next Congress.
>>
>>
>> --
>> David W. Riordan
>> --
>> mobile: 203.521.1222 | im: daveriordan | email: [email protected]|
>> @riordan <http://twitter.com/riordan> | http://magicschoolb.us
>>
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