Posted: 19 January 2012 at 9:57am | IP Logged | 3
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"The paycheck they receive because they are creating intellectual property for the company, which has hired them because they can protect that intellectual property with a copyright." I covered this. The incentive for a company to hire creative people is the profit they make. This profit is ensured by a copyright. A yield of maybe a 20% profit (in a year), more if it takes several years to recoup, is more than enough to incentivize that. For most scenarios that will mean maybe 1 year, certainly less than 5. After that, there is only continued production of an established profitable commodity. Not creation. This all ties back to the moral argument of copyright, that its purpose is to reward and encourage creativity. This argument is not served by endless continuation of corporate copyrights. Nor is it necessarily served by a copyright that greatly outlasts the creator's lifetime. The financial argument of copyright is that those who finance the creation of a copyrightable work, should have copyrights to ensure that their investments are recouped and a reasonable profit is made. That goal is served in far closer to 5 years than 95. The current time limits on copyrights and other measures are not designed to foster creativity, yet the argument of "rewarding creativity" is still used because it's a strong, visceral, moral argument. As for the 95 year limits on published works vs Life+70, I know of them. However, the point is clearly that it's fixed at no less than 95 for corporations. If the law was really oriented towards creators, creator owned properties would have 95 years or life+70, whichever was longest. And my point is not that corporations should not have copyrights. It is that copyright law should start off doing what it's supposed to do, and which it claims to do, namely directly incentivizing creativity by ensuring that creative people get rewarded and protected through copyrights. The copyrights of corporations are an afterthought. Especially when one is beyond a creative phase, beyond making a reasonable profit and what we're really talking about is producing more of old products for new profits.
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