I have often advocated for an easing of copyright restrictions, and wider adoption of Creative Commons licensing for content. And for those who create content to share, or for content with little-to-no current commercial value, this makes sense. But I will concede that there is a limited class of content that continues to have commercial value which generates benefits for the artists and/or their families. Take the recent case of J.D. Salingers’s Catcher in the Rye, and the lawsuit over an updating of Holden Caufield in a new book. In a nutshell a new author has written a story with Holden as an old man, and the Salinger estate has cried copyright infringement.
The creator of the new version cried ‘fair use’. The Salingers cry ‘infringement.’ For me the question hinges on whether this updated version will in anyway infringe on the commercial value of the original book. For me it makes sense that the Salingers enjoy the value of Catcher in the Rye for as long as possible — and if that means another extension of the copyright term, fine. BUT I also don’t see why this new version in anyway infringes on the value of that property. Salinger didn’t come up with this new idea, nor did any of his heirs. Its publishing won’t hurt the original, and will probably help create new audiences, increasing earnings for the estate in the long run.
An essay in the New York Times Book Review argues for a middle ground in copyright law. Let the original works continue under their author’s and families/estate’s controls. But also include a definition of fair use in the legislation and provide earlier and more broadly defined derivative works. Let’s stop trying to establish the limits through the courts (expensive and inefficient), give the creators the value of their specific works, but also let the ideas they introduce into our shared culture be enriched by that culture.
Quick facts about ‘The Cranky Copyright Book’ (Joe Clark)
I won’t berate bloggers or Creative Commons followers as trolls and hobbits (or whatever). I
This doesn’t mean that Lessig is right and Helprin is not. On the broader question of Internet culture, Helprin’s pessimistic vision has a great deal to recommend it.
A Great Idea Lives Forever. Shouldn’t Its Copyright?
Would it not be just and fair for those who try to extract a living from the uncertain arts of writing and composing to be freed from a form of confiscation not visited upon anyone else?
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Randall Rode's online home for thoughts, notes, and experiments with a wide range of technology topics. Visit the about page for info on my recent projects and professional background. I welcome your comments!
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