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Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by ownagefool on Thursday September 19, 2019 @06:09AM (#21014846)
Maybe, that's fair.

But if you created a massive piece of work that did wonderfully well, would you deem it fair you family gets nothing, whilst if you'd have survived, they'd share in your success?

I'd probably go with a N years since creation or until transfered (either by death, or sale, etc), whatever is longer.

This would give the author the ability to sell their creation, but it'd also let those that want to keep their baby do so, but my N years would likely only be around 20.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by TulliusCicero on Thursday September 19, 2019 @06:47AM (#21015025)
> But if you created a massive piece of work that did wonderfully well, would you deem it fair you family gets nothing, whilst if you'd have survived, they'd share in your success?

I think it should be like patents. You get it for twenty years, then it's in the public domain.

I don't think people are making TV shows and books because of the money they might make 21+ years from now.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by BuildTheRobots on Thursday September 19, 2019 @07:38AM (#21015256)
Friends first aired in 1994 and recently Netflix paid $100 million to keep it through 2019.

There's also a number of musicians that are still getting paychecks because of a song written in the 60's.

To say no-one creates art/tv/music with long term income in mind seems a little simplistic.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by mcv on Thursday September 19, 2019 @08:38AM (#21015569)
Money may still be made from it, but that doesn't mean they were originally created with the idea that today they'd be making money this way. Most of the money is generally made within the first couple of years after release.

My preference for copyright would be 30 years or until death of the author, whichever is longer. If there's no living author or the rights have been transferred, then it's simply 30 years. This gives plenty of time to make money from it, it means the author never loses control over their own thing during their lifetime, and their family can benefit from it if the author dies shortly after publication.

More than this is just corporations milking creations from the past.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by greatpatton on Thursday September 19, 2019 @08:58AM (#21015713)
How can we infer from your comment that these shows or songs would have not existed if the copyright term was 20 years?

On the opposite side, we have a clear example from the patent system that 20 years is enough to have an endless pipeline of new products and inventions....

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by TulliusCicero on Thursday September 19, 2019 @09:09AM (#21015783)
> To say no-one creates art/tv/music with long term income in mind seems a little simplistic.

One could say the same thing about patents in an alternate universe with life of author + 70 year patent duration.

Yet, here we are.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by sokoloff on Thursday September 19, 2019 @08:46AM (#21015621)
I am fairly supportive of IP law in general, but I don’t believe that the creators of Friends would have passed on making on the series if they were only going to able to monetize for 20 years.

20 years out at only a 5% discount rate pa is a 65% discount. At a more reasonable 15% discount rate for a proven show, you’re left with under 4% 20 years out. For an unproven pilot, you probably handicap that significantly more.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by nothrabannosir on Thursday September 19, 2019 @07:02AM (#21015085)
> But if you created a massive piece of work that did wonderfully well, would you deem it fair you family gets nothing, whilst if you'd have survived, they'd share in your success?

I deem it unfair that the family of a rich person gets anything at all, through inheritance or otherwise, so my answer would be yes.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by eteos on Thursday September 19, 2019 @07:18AM (#21015170)
Whats wrong with inheritance? It is a big drive for economy. Or is it just that you don't like rich people?
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by rocqua on Thursday September 19, 2019 @08:23AM (#21015476)
The argument against inheritance is one based on meritocracy.

Specifically, the idea is that money should be gained based on how useful you are to society. Being the child of someone who was rich does not automatically mean you are useful to society. Hence, by this argument, it should not automatically mean you get to have your parents money.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by bzbarsky on Thursday September 19, 2019 @08:55AM (#21015678)
This presupposes that all money, and in general all resources, including labor, belongs to the state (or society) except that which is explicitly allowed to people.

While that is a coherent point of view, it has some really unpalatable implications. The first one is that the assumption that society owns everyone's labor until proven otherwise is a great justification for various forms of effective slavery. The second one is that taking your "useful to society" statement at face value leads to things like the eugenics movements of the early 20th century, withholding (or confiscating) resources from those deemed "useless" to society, etc.

But even within this framework, making more money than you spend corresponds to producing more resources for society's benefit than you consume, and thereby building up a sort of "social credit". You then draw on this credit later in life (e.g. in retirement). It seems like the main claim you are making regarding inheritance is that this sort of social credit should not be transferable, right?

But that raises the question of whether people be able to give gifts to someone else at all. In this framework the answer is basically "no", because that would represent a transfer of the non-transferable social credit. But if they _should_, then should there be a substantive difference between a gift given 10 minutes before someone has a heart attack and receiving the same gift 20 minutes later? From an ethical point of view, I have a hard time with there being a difference between those two cases.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by Matumio on Thursday September 19, 2019 @06:20PM (#21021336)
You can also earn money just by inheriting a large pile and hiring someone who manages it. Or work for someone who did that. Contributing to society at large is entirely optional for some people.

It's not a problem when someone inherits a sum that can be earned within an average person's lifetime. It's the proportions. A single person should not inherit the right over several thousand lifetimes of work output.

No, it's not better when "the state" or "society" decides as a group where this work output should be directed instead. But that's not the only alternative. When someone argues against inheritance using the "meritocracy" argument, I don't think this implies that people who would have worked for the heir's money should instead work on a project that all members of society have sanctioned.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by bzbarsky on Friday September 20, 2019 @11:10AM (#21027549)
> You can also earn money just by inheriting a large pile and hiring someone who manages it.

Just to be clear, in this situation what is going on is that you are holding the right to call on some resources (i.e. money) but are not exercising that right immediately. What you are doing instead is letting others use your right to get the resources they want now, with the understanding that in the future they will give you more resources. The "let others make use of resources that you can call on but don't need right now" part is in fact a _very_ useful social function; someone doing that is in fact contributing to society. Whether and how much they should be compensated for that is a good question, and I am open to arguments that the typical compensation for it is too high compared to the social utility of the activity.

And of course the exponential growth aspect makes things unsustainable over the long run here: people can't promise you more resources in the future indefinitely in the real world, though they have been able to do that for the last few centuries for various reasons. In conditions prior to that, here were various attempts at mechanisms for avoiding this exponential growth problem (e.g. the jubilee system described in the Bible is an interesting example of attempting to address the issue).

> A single person should not inherit the right over several thousand lifetimes of work output

Should a single person earn such a right to start with? In some cases, I'd think maybe: consider someone who saved society thousands of lifetimes of work effort in some way, e.g. via an invention. But I feel that this is an interesting question to ask as a baseline. Once we posit that someone _can_ own that much right-to-output, we're back to whether people can gift it and under what conditions...

> When someone argues against inheritance using the "meritocracy" argument, I don't think this implies that people who would have worked for the heir's money should instead work on a project that all members of society have sanctioned.

It seems like the basic options for dealing with inheritances are:

1) Some individual or group gets the money. This is inheritance as normally understood. This is the thing being argued against on "meritocracy" grounds above, afaict.

2) Society at large (the government) gets the money. This is estate taxes as normally understood, and corresponds to the "work on a project that all members of society have sanctioned" option.

3) The money just disappears. That is, there is effectively debt forgiveness for whoever owed money to the person who died. If they held cash, that would be the Federal Reserve. If they had bank accounts, that would be the relevant banks. If they held bonds, it's the bond issuer. For stocks maybe you can effectively "un-dilute" the other stockholders, sort of like a 0-price buyback. I have no idea what the real estate equivalent of this would be, or the equivalent for goods someone owns (books, clothes, furniture, piles of grain, etc).

I'm not thinking of other options so far, but open to ideas on what other options would be.

It seems to me that one glaring flaw with option (3) is that it can be converted to option (1) with some planning: if the main assets you hold at death are IOUs from people and such IOUs get canceled at death, then you can just carefully choose who owes you money and they end up effectively inheriting it. It's a lot less flexible from just holding whatever assets you want and then having a will, but for the really large fortunes it would not be difficult to structure it to be equivalent, I suspect, modulo the extent to which the "heirs" have control over the money before they come into their inheritance.

The basic issue with (3) is that it fundamentally doesn't _cancel_ the right-to-output; it just transfers it to someone else, still. I haven't been able to think of a good way so far to actually _destroy_ such a right, but I am not an expert in this area and haven't spent _that_ much time thinking about it.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by kgwxd on Thursday September 19, 2019 @11:33AM (#21017167)
Where does the money go if not to the family? Inheritance already drives family to kill each other, even knowing they'd be prime suspects. Imagine what faceless, emotionless governments would do if they wanted a little extra cash.
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by icebraining on Thursday September 19, 2019 @08:33AM (#21015533)
Who said anything about a rich person, though? Most authors aren't.
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by ekianjo on Thursday September 19, 2019 @06:22AM (#21014910)
You family will still get a part of what you earned thru inheritance. What else is needed??
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by kd5bjo on Thursday September 19, 2019 @06:27AM (#21014940)
Imagine that an author passes away between handing the manuscript to a publisher and the first printing hitting store shelves.

Does the publisher owe anything to the author’s estate? Can another publisher immediately issue their own edition because it’s now in the public domain?

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by roenxi on Thursday September 19, 2019 @06:37AM (#21014979)
No, they don't owe an estate anything. We should be steering society away from entrenching intergenerational wealth transfers, not towards them.

We want people to be wealthy roughly in proportion to how much they contributed to the economy. The author's heirs can go stand on their own two feet.

Life + 70 is about making it attractive to big firms or other organisations to buy the rights to copyright; it removes the risk of the author dying suddenly. The idea is still absurd, as classics that should be generally available are still under this bizarre lock & key system. Tolkien only died in 1970; his legacy should be part of the public system by now. 1970 was a different time and era. Good stories are dying die because nobody can print mass copies of them.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by kd5bjo on Thursday September 19, 2019 @06:43AM (#21015007)
So the publisher just gets to keep the author’s share of their joint contribution to the economy simply because it hasn’t been realized yet?

If you want to stop inter generational wealth transfer, work to limit that directly. This is just moving the profits away from an individual (the author) to a corporation (the publisher).

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by nothrabannosir on Thursday September 19, 2019 @07:04AM (#21015101)
Not if copyright expires at the author's death; then it transfers to society at large because the publisher doesn't have the sole right to publish it anymore.

(Not advocating for this per se, just pointing out copyright expiration doens't necessarily transfer wealth to the publisher)

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by roenxi on Thursday September 19, 2019 @07:03AM (#21015093)
No, because the idea is that the right to a special monopoly would disappear. So the price of a book would drop from print costs + copyright to print cost only via the magical hand of the market. The "authors share" is a wholly legal idea that exists because everyone agrees the authors should get something for their work.

There is a reason my fiction bookshelf is 60% 1700s/1800s classics like Wilde or or Austin instead of authors I prefer like Tolkien or Mervyn Peake. Books out of copyright are cheaper (less margin to be extracted) and more easily available from a local bookshop, so I've bought more of them over the years.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by radiator on Thursday September 19, 2019 @07:01AM (#21015080)
> We should be steering society ... > We want people ...

Who is we, may I ask?

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by iamnotacrook on Thursday September 19, 2019 @07:46AM (#21015298)
I always laugh when I see people saying "we..". I always think "well, what are you doing on HN (or whatever) typing then? Get on with it! We don't want that!".
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by hombre_fatal on Thursday September 19, 2019 @10:44AM (#21016647)
I think they're speaking French.
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by DennisP on Thursday September 19, 2019 @07:02AM (#21015086)
So don't base it entirely on the author's lifespan. We could go back to the original terms: a flat 14 years, plus a 14-year optional extension if the author is still alive.
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by ashelmire on Thursday September 19, 2019 @09:28AM (#21015936)
> Imagine that an author passes away between handing the manuscript to a publisher and the first printing hitting store shelves.

Why not ~20 years of rights to it like patents? Does the family really deserve to enjoy sole rights to someone else's idea for 70 years?

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by microtherion on Thursday September 19, 2019 @06:35AM (#21014974)
Or passes away before even getting accepted by a publisher: https://en.wikipedia.org/wiki/A_Confederacy_of_Dunces
Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by peterbraden on Thursday September 19, 2019 @06:52AM (#21015036)
The family get the joy of the work.

It's worth noting that copyright here is only talking about the monetary legacy of the work. Value exists in many dimensions.

There's also value in work that society owns.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by ashelmire on Thursday September 19, 2019 @09:25AM (#21015908)
> But if you created a massive piece of work that did wonderfully well, would you deem it fair you family gets nothing, whilst if you'd have survived, they'd share in your success?

No. This is the heart of the problem with the capitalist economic system. The vast majority of wealth belongs to people who inherited it, not the people actually creating all the value in society today.

Re:Swiss Copyright Law: Downloading Stays Legal, No Site Blo... by dexterdog on Thursday September 19, 2019 @04:00PM (#21020098)
Um, citation please.