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Copyright lasts a long, long time.
The Berne Convention, to which most of the world is signed up, stipulates a minimum duration of 50 years after the creator's *death*. It seems, at first glance, like a sign of strong intellectual property rights.
But it's not. A thread:
The Berne Convention, to which most of the world is signed up, stipulates a minimum duration of 50 years after the creator's *death*. It seems, at first glance, like a sign of strong intellectual property rights.
But it's not. A thread:
The onus is on the copyright holder to identify infringement, ask infringers to cease and desist, and if necessary prosecute.
But really, the BIG problem is that it's difficult for even law-abiding would-be users of material to identify the owners. https://www.tenentrepreneurs.org/blog/burnt-by-berne
But really, the BIG problem is that it's difficult for even law-abiding would-be users of material to identify the owners. https://www.tenentrepreneurs.org/blog/burnt-by-berne
When the creators are still alive, it's fairly straightforward to find their contact details and ask their permission to reproduce their content.
But with copyright durations of often 70 years after death, as in the UK, it can soon get very, very tricky.
But with copyright durations of often 70 years after death, as in the UK, it can soon get very, very tricky.
In 70 years it's entirely possible that the rights to the content might pass through three, four, or even more generations of the creator's heirs.
By that stage, the heirs may be totally unaware of the fact that they even own the rights.
By that stage, the heirs may be totally unaware of the fact that they even own the rights.
So what does the government advise? In the UK, they ask would-be users to undertake a "diligent search" for copyright holders. It literally recommends subscribing to Ancestry, to order wills, etc
In short, it asks you to become an expert genealogist and private investigator.
In short, it asks you to become an expert genealogist and private investigator.
So right now it might take weeks of work to diligently search for the owners of a single image created in the 1920s, whose creator just *happened* to die after 1950.
The time cost alone, even apart from the money cost of such a search, means it's just rarely worth bothering.
The time cost alone, even apart from the money cost of such a search, means it's just rarely worth bothering.
To try to remedy this situation, the UK in 2014 introduced an "orphaned works" licence and register. But all that does is tell you to do the diligent search, and then pay even more money for a 7-year license if you really can't locate the owners.
It has failed, spectacularly.
It has failed, spectacularly.
In the six years since the register went live, only 1,011 works have been registered. Despite the fact that there are in fact millions upon millions of such orphaned works.
And a quick skim of the register reveals that even some of those few were obtained unnecessarily.
And a quick skim of the register reveals that even some of those few were obtained unnecessarily.
For example, even museums and archives have been obtaining licences for works that are clearly out of copyright anyway (such as the manuscript journal of someone who died almost 300 years ago).
Overall, this means that much of the creative output of the 20thC is simply not used.
Overall, this means that much of the creative output of the 20thC is simply not used.
It inevitably has a stultifying effect on the creative industries, and is a disservice to long-dead creators, whose works must thus go unused and forgotten.
Companies like Disney are among the very, very few exceptions in that they know their content and stop infringement.
Companies like Disney are among the very, very few exceptions in that they know their content and stop infringement.
By analogy, it's like we have vast estates of habitable buildings, of which the owners are unaware, and which would-be buyers cannot purchase because they cannot find the owners.
The inevitable result is widespread squatting or else total dilapidation.
So what can be done?
The inevitable result is widespread squatting or else total dilapidation.
So what can be done?
Should we shorten copyright? Not gonna happen. It's hard to roll back rights without seeming expropriative or unjust.
Even if you could shorten it for future works, it might be over a century before you saw the effects, when the rights of still-living creators finally expire.
Even if you could shorten it for future works, it might be over a century before you saw the effects, when the rights of still-living creators finally expire.
Besides, it's hard for countries to go it alone. You'd need to try to change the international Berne Convention, which sets the 50 years after death minimum, thus dealing with every country's interest groups.
It would be simpler just to have a register.
It would be simpler just to have a register.
Now, the Berne Convention bans the use of registration systems, so that from the moment of creation the creator owns their work. Fair enough.
But interestingly, the US has come up with a compromise. Registration is not required to *own* copyright, but it still has a register.
But interestingly, the US has come up with a compromise. Registration is not required to *own* copyright, but it still has a register.
The US makes registering a work a prerequisite to filing an infringement suit, especially if attorneys' fees and statutory damages are to be recovered.
Thus, the US *technically* conforms to Berne while also having the benefits of a registration system in identifying owners.
Thus, the US *technically* conforms to Berne while also having the benefits of a registration system in identifying owners.
So here's my proposal: I think registration would benefit the UK, for the works of creators who have been dead a few years, in order for heirs to sue for infringement.
It would benefit creators, the heirs, and would-be users. Win-Win-Win.
More here: https://www.tenentrepreneurs.org/blog/burnt-by-berne
It would benefit creators, the heirs, and would-be users. Win-Win-Win.
More here: https://www.tenentrepreneurs.org/blog/burnt-by-berne
