It’s one thing that copyright/IP is such a matter of debate in the creative world, but a whole new layer is added onto that when people say that it only matters for a certain amount of time. You may have read all those articles a few months ago, the same ones telling us about how Mickey Mouse (technically Steamboat Willy) is now up for grabs 95 years after his creation.
There are those who say “as long as it’s popular it shouldn’t be pirated”, those who say “as long as the creator is around”, those who don’t apply a set frame, etc. I’ve even seen people say they wouldn’t dare redistribute paleolithic paintings because it was their spark on the world. What philosophy of statutes of limitation make the most sense to you when it comes to creative work?
I feel like there needs to be at least 2 separate sets of rules for copyright.
For independent artists, I think it’s pretty reasonable that copyright should last for their lifetime and maybe a little longer to make sure that their spouse, children, or other dependants can be cared for before the work goes public domain. We can quibble over exactly how long after death that should be, but that seems pretty fair to me (personally I’m tempted to say 18 years+9 months, so if hypothetically a male artist knocked up his wife immediately before kicking the bucket, that kid would still be able to receive something from their father’s works until they reached adulthood.) And if they don’t have any apparent next of kin, it just expires at death.
But when it’s not an independent artist, and it’s something like Disney, where that legal entity that owns the property could very well be around forever, I think it’s more appropriate to put a hard limit on it, maybe 50 years as long as they’re actively using the property- marketing it, selling merchandise, licensing it out, making it available on streaming, etc. and maybe 15 years if they aren’t doing anything with it (Again, we can quibble over the exact length of time, I picked 50 it’s a nice round number, and 15 because that’s how long a design patent lasts and it felt appropriate)
There’s of course going to be some interplay between those two categories, an independent artist who’s contracted to make something for Disney may retain some rights to that work, so what happens after 15 years? What if that artist is contracted to make something using IP that’s about to expire even sooner? What if an independent artist creates something insanely popular and builds a disney-like megacorporation around it with hundreds of other people all creating derivative works from that original thing, does the copyright stay with that original artist to expire when they die or does it become one of those corporate copyrights that expires in 50 years? And if the latter, does that happen automatically when the company hinsts a certain size or how would that happen?
I definitely don’t have all the answers to all those questions, but as a general framework that feels fair to me.
Why should the kid get anything from the parents achievements by law?
An independent artist probably isn’t going to have an employer-sponsored retirement account like a 401k or a pension, etc. like many of us with “normal” jobs have, and are counting on to help our spouses, children, or other dependants should we die before them. Allowing them to retain the rights to an artists work for after death seems to me like it would help fill that same kind of role and also provides them a little protection, since not all artists are wildly successful and may not have been able to save much or anything for retirement/funeral expenses, etc. on their own. I don’t think it needs to last their whole life, their kid could potentially live 100 years which seems excessive and against the spirit of allowing things to go into the public domain, but I think seeing them into adulthood is fair.
Edit: I’m personally contributing to a pension at my job, my wife has never worked there but she still gets to collect that pension after I die, that’s a big part of our collective retirement plans. If we had kids, I’d want to make sure those kids are being provided for out of that pension at least until they’re old enough to live on their own. I think artists would also like to have that kind of safety net for their loved ones after they die.
Because it is the duty of parents to support their children, and this is desirable for the purposes of a stable society, and the purpise of law is to protect the stability of society?
Because the parents owned it, and it can be passed down like any other property.
That’s the whole point of the discussion.