tag:blogger.com,1999:blog-12505562.post7238573841440675493..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Statute of Anne Too Generous by HalfWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-12505562.post-81259281146677253162007-07-25T15:16:00.000-04:002007-07-25T15:16:00.000-04:00Dear d. keogh, certainly the debate on what is the...Dear d. keogh, certainly the debate on what is the optimal length of copyright has been debated for many lifetimes and will never be resolved. I would disagree that copyright a priori is private property; it is, instead, a statutorily created right that may be crafted as Congress sees fit, and at least with respect to domestic works, abolished entirely.<BR/>The only reason for having it is as an incentive to create works, and some works need more incentive than others. I have, however, never heard of or met an author declined to create a work because the term of protection was too short. The pay-back for most works is calaculated on a very short basis and most works have a very short shelf-life. <BR/>When I die, I would be very happy for my wife and children to receive some of the proceeds from my treatise, but I would have written it if the term was life of the author because it is a way for me to earn money for them now. I can't justify for myself or others a term of life plus 70 years; it is completely divorced from any need for an incentive to create and is too attenuated from the author and disastrous as a policy matter. If an author created something at 30 and lives to 90, the term of protection will 130 years, an obscene length of time in my opinion.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-87433836133261624472007-07-25T15:05:00.000-04:002007-07-25T15:05:00.000-04:00The idea of an optimal copyright term which takes ...The idea of an optimal copyright term which takes into account anything other than maximizing creative output is fundamentally flawed. The Constitution does not authorize Congress to confiscate private property for public use without compensation to it's owner.<BR/><BR/>A copyright term of the life of the author plus another average lifespan is justifiable. The present limitation on copyright duration is a little short but pretty much on target.<BR/><BR/>Consider:<BR/><BR/>When a natural person's copyrights are limited to their remaining lifespan plus 70 years the author is able to transfer his property to another living person for the approximate remainder of that other person's lifetime. The ability to leave property to living childern or grandchildren for their lifetime is generally seen as an incentive to obtain property.<BR/><BR/>When the continued existence of an author's private property is calculated from the death of that author, the additinal 70 years assures that no other person will have an incentive to expedite the death of that author in order to gain some advantage from the copyright's expiration. Not fearing premature death for owing private property is an incentive to obtain property.d.keoghhttps://www.blogger.com/profile/14560258327344786615noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-43125332646451099932007-07-21T16:31:00.000-04:002007-07-21T16:31:00.000-04:00Mr. Guerby, you must have overlooked this part of ...Mr. Guerby, you must have overlooked this part of the post: "I am aware of some earlier efforts in this respect, but at least in one case I don't think it has the rigor of Mr. Pollock's)."William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-90699831265947271172007-07-21T14:58:00.000-04:002007-07-21T14:58:00.000-04:00"Mr. Pollock's paper is unique for looking at the ..."Mr. Pollock's paper is unique for looking at the larger picture, i.e., that is production costs and how those costs impact on the extent of incentives required."<BR/><BR/>I'm surprised by this remark. <BR/><BR/>Michele Boldrin and David K. Levine (both professor of economics) book "Against Intellectual Monopoly" has a far more complete analysis (see chapter 7 on copyrights).<BR/><BR/>The book is available for free online <A HREF="http://www.dklevine.com/general/intellectual/against.htm" REL="nofollow">here</A> and there is a <A HREF="http://www.dklevine.com/general/intellectual/againstnew.htm" REL="nofollow">2007 update also available for free</A>.Laurent GUERBYhttps://www.blogger.com/profile/07853443595550043492noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-58044230794036215742007-07-17T20:05:00.000-04:002007-07-17T20:05:00.000-04:00Bravo to you for your efforts, Timothy.Bravo to you for your efforts, Timothy.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-11716173800601953252007-07-17T19:58:00.000-04:002007-07-17T19:58:00.000-04:00After filling up the backs of a few envelopes I fi...After filling up the backs of a few envelopes I find I agree with Pollock's treatement up to Proposition 10. In fact I agree with all of it, but confirming the math on the dynamic part will take longer. It seems a foregone conclusion, though, that once Pollock introduces "cultural decay" into the model, it will favor shorter terms: Assuming the market is stable enought to bring a book into existence in the first place, it seems obvious that consumer surpluses are greater if a title is thrown open to free competition while it is still near the height of its popularity. The benefit is less if the book is long past its prime before it is promoted to the public domain. Just as, on the patent side, the public will benefit more if the patent on an antibiotic expires while the antibiotic is still near its peak effectiveness.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-76914890781509418152007-07-17T08:40:00.000-04:002007-07-17T08:40:00.000-04:00Max, I am not going to defend the number picked by...Max, I am not going to defend the number picked by Mr. Pollock, and agree what you stick in at the beginning is likely to determine what comes out at the end. The interest of his paper for me was only conceptual: that the reduction in costs at the production side due to digital technology should be factored in to any calcualtion of what the optimal term of protection shold be, whether that is 14 or 74 years.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-82016810945410798542007-07-16T20:44:00.000-04:002007-07-16T20:44:00.000-04:00I wasn't impressed with the paper because, essenti...I wasn't impressed with the paper because, essentially, a bunch of gut feelings on the value of X or Y sent through the correct math formulas find that the correct term should be what the term orignally was. Interesting.Max Lybberthttps://www.blogger.com/profile/13935322217857952629noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-85538477468537796002007-07-16T12:43:00.000-04:002007-07-16T12:43:00.000-04:00Well, I fixed the link, but screwed up the line sp...Well, I fixed the link, but screwed up the line spacingWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-88106361411569094032007-07-16T12:36:00.000-04:002007-07-16T12:36:00.000-04:00I am not sure that the Harvard link works, and eve...I am not sure that the Harvard link works, and even when I change the spelling of Harvard, still getting problems.Admiralhttps://www.blogger.com/profile/01605931734898903937noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-32656021325314598162007-07-16T11:27:00.000-04:002007-07-16T11:27:00.000-04:00I don't think that is Mr. Pollock's conclusionI don't think that is Mr. Pollock's conclusionWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-9274464068040093252007-07-16T11:24:00.000-04:002007-07-16T11:24:00.000-04:00A paper presenting an optimal term of enslavement ...A paper presenting an optimal term of enslavement (balancing competence, fitness and motivation) would have about the same appeal to MLK.<BR/><BR/>The problem with copyright is not the extent of its term, but that it is ineffective at <I>any</I> term.Crosbie Fitchhttps://www.blogger.com/profile/06554471152790988479noreply@blogger.com