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Re:Publishers File Suit Against Internet Archive by Nemo_bis on Thursday June 04, 2020 @02:02AM (#23413099)
No, millions of existing copyrighted works are not automatically examples of works which would not have been created without copyright. Compensation is also not synonymous with exclusive rights.

Academics have already calculated the optimal balance, in particular the optimal copyright term. It's probably in the region of the original 14 years instead of the current ~150. https://rufuspollock.com/papers/optimal_copyright_term.pdf

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