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by sehrope 4256 days ago
An interesting solution I've heard[1] to reform both copyright (and possibly patent) law is to require compounding annual fees to maintain them. For example if someone writes a new song or book, we could have a short "free" copyright period. After that, creator (or more accurately, the rights holder) would need to pay an annual fee to maintain their copyright. The fee would increase by some percentage each year.

If the value of the work is greater than the fee, then it'd be in the interests of the rights holder to pay the fee and maintain the copyright, for example to be able to license it out to others. If it's not, then the copyright would expire and the work would enter the public domain.

A high enough interest rate for the compounding would ensure that everything is eventually in the public domain. For works that are repeatedly extended, say Mickey Mouse, the public will receive the fees collected for each of the extensions until it enters the public domain.

This also has the interesting effect of incentivizing the creation of new works as there wouldn't be any fees associated with them for the initial term.

There's obviously a lot more details to handle such as having a central registry, inflation adjustments, differentiating between new works and derived works, and how to handle works created prior to the introduction of a system like this. Still I think it's an interesting proposal.

[1]: I don't remember where exactly but probably here on HN.

4 comments

I liked this concept, but you need to establish what the "unit" of the work is. If I'm a photographer, do I need to pay the compounding fee on each picture I take? I take thousands a year. While George Lucas makes a single motion picture over a year.
The idea that something will enter the public domain once its market price has been established is nice, but my problem with this scheme is that it needs so much fine-tuning. How should the prices increase? Exponentially, adjusted for inflation? Will the prices be much too low for much too long, or will they rocket up at unreasonable rates for some kinds of media?

I think the best scheme for works entering the public domain is modelled on eminent domain. That is, a work may be "seized" (and its owner duly compensated) by a government when the utility to the public of it entering the public domain is great enough.

Obviously there would need to be a lot of structure around it, because it's going to happen all the time. There might have to be a registry of copyright owners. There might also be taxes or regular charges levied as in your system.

> Will the prices be much too low for much too long, or will they rocket up at unreasonable rates for some kinds of media?

It would actually make sense to have both, it would essentially softcap copyright durations.

That was Rick Falkvinge. It was probably either on his blog or posted to torrentfreak
Sounds like a good idea