US Copyright law is as follows..
- Term for authors: Life + 70 years
- Term for publishers: 95 years from publication / 120 years from creation (whichever is shorter)
- You are not allowed to circumvent technological copyright protection (also known as DRM) even for personal usage, and even when not violating copyright. If you are exempt from this restriction, you are still not allowed to release information about how to circumvent it (DMCA).
- Anyone can send a DMCA takedown notice to a media host, and if the site does not comply, they may face legal action, even if there is no way for them to verify the claim. This is widely abused.
This is clearly insane. If the purpose of copyright is to grant a temporary exclusive monopoly for economic gain, what possible reason is there that something should not be in the public domain after 100 years?
Copyright is also now considered an automatic right, meaning you don't even need to put a notice that a work is copyrighted -- if there is no notice, you have to assume the author reserves all rights for 70 years after their death. Consider how that applies to the user generated content world of the internet.
I think it's time for a change. My cunning copyright plan is as follows:
- Reinstate a copyright registry and make registration mandatory for all copyright.
- Technology should make this easier than ever, now that people could submit all relevant information to the authorities online. Every copyright registration could be given a unique identifier.
- Require that all reasonable raw components for a copyright work are submitted with registration, to be released into public domain upon expiration so that someone could rebuild your work for a new format if needed, and use elements that may be useful in producing new creative works. This would be source code for computer software, raw recordings and mix data for audio/video. Text is pretty much WYSIWYG, but should be made available in an easily consumable format (text/plain or something).
- If a copyrighted work is exhibited or released, a prominent and descriptive copyright notice that references the work's unique identifier must be placed within reasonable reach of the work (bottom of the website, printed on raw materials, radio station website, etc.). Work will be considered to be released into public domain if it can be shown that the author didn't display the copyright notice.
- Reduce the default copyright term to 5 years. Most earnings from a creative work tend to be within a year or two after release.
- At the end of the default term, allow copyright to be extended by 5 years to a maximum of 20 years, each time for a relatively small but significant fee (perhaps 500 Y2K USD). This will allow people to maintain exclusive control for longer, but force them to consider releasing it to public domain if it's not worth much to them any more. For most works the earning potential is practically nil after 20 years, and for those that are still relevant, they have probably made a massive ROI in the first 20 years of exclusive monopoly.
- If someone wants to send a takedown notice to remove a copyrighted work, they must send their copyright registration identifier with the notice so that the claim can be independently verified.
- Full fair usage in the context of a sale (as opposed to a lease agreement). Copyright law would only apply to distribution/exhibition of a work, and a public performance would only be considered exhibition in fairly limited circumstances (perhaps >10 people or for a profit). Anything involving time-shifting, format-shifting, chopping it apart for personal usage, modding and so on is fair game.
- Strict adherence to the idea of exhaustion of rights. If you buy something, you have the right to sell it under the same context you purchased it. All rights to free downloadable content and online play are transferred with the sale. If something is advertised as a sale, purchase, these rights must be conveyed. If the intention is for a temporary rental, this may be implemented as a purchase with the promise to return the property and all associated rights, but again, all rights would be available to the temporary owner for the duration of their lease.
- If the intention is for example streaming to browser (such as Hulu), this would be considered public exhibition as opposed to temporary ownership, unless the user was granted full rights for a period of time, and Hulu would need to have an agreement with the content producer that explicitly allowed such a thing.
- Data created by the user, using copyrighted software as a tool would not be considered a derived work. This would prevent for example restricting the distribution of savegames and such under copyright laws.
- Consider the potential for harmonising the patent and trademark systems with the copyright system as much as possible.
This will give people who produce a work a choice of three things to do with it (using the example of a software company):
- Release it as copyrighted work and have it and its source code become public domain after the copyright term ends
- Don't use any copyright and make the software freely distributable in the public domain, but not be forced to give up your source code.
- Don't distribute it, and instead keep it internal as a trade secret.
I don't ever think this will happen in the real world, but it's nice to think about it.