In: Computer Science
Has copyright been extended too long? How is it being abused? Does it still serve its original purpose (promoting progress), or has it become a tool to prevent 'unauthorized' voices from being heard? Should software be patentable? Has the trend toward privatization and branding everything in sight gone too far? If so...what might be done? Intellectual Property is all about tradeoffs and competing interests--where should the balance be?
Insights on copyright:
Copyright has not been extended too long. The copyright term's
length is the life of the author plus another 70 years.
How long a copyright should last:
In practice, per law, copyright lasts for a limited time. However,
the original work should be copyrighted for the creator's or the
owner's lifetime. Or only when the creator, when he/she is alive,
explicitly and voluntarily gives permission to those set of people
who look forward to reproducing or altering the creator's original
work, only then should they proceed further to copy the content or,
the work.
A copyright's public law duration expires 50 to 100 years after the creator's death. It again depends on the jurisdiction. Thus, globally, in most of the countries, the default copyright's duration is the life of the author, creator, or owner plus either 50 or 70 years.
When the original author dies, what happens
then:
A "copyright's public law duration expires" 50 to 100 years after
the creator's death.
If descendants should be allowed to inherit the
copyright:
In my personal opinion, yes, the descendants should be allowed to
inherit the copyright. Creators', owners', or authors' should be
allowed to inherit the copyright same as they inherit any other
work, creation, material, physical, virtual, or digital assets,
property, money, gold, jewelry, land, buildings, house, etc.,
provided they, like any other piece of property, must leave the
copyright to a person/s or other beneficiaries by a will or pass
down by operation of law, so the person/s (descendent or
descendants) inherit the copyright that way.
Copyright is sometimes abused. People are misusing the law that is created and is meant for protecting creative works for their own profits, name, fame, recognition, monetary gains, and other ends. It hurts and brings loss to the very people who created the content or an asset, i.e, the very works the law was supposed to protect. Digital Rights Management (DRM) is being used inappropriately by people from different sectors of industries. People have been indulging in activities involving illegal, unofficial, informal, and bad copyright transfers. Sending false copyright notices knowingly is another way of abusing copyright.
Copyright still serves its original purpose of promoting progress to only some extent. Also, it has become a tool to prevent 'unauthorized' voices from being heard to only some extent. Yes, should software be patentable for many years same as copyright and it should be done consulting the owner, developer, or the creator of the software with his/her explicit permissions and agreement for others to make, use, or sell the owner's invention or innovation appropriately upon agreed terms and conditions by both parties.
Yes, the trend toward privatization and branding everything in sight has gone too far. To achieve these people have started indulging in wrong activities when it comes to copyright, patent, data infringement, and there has been much corruption in this matter, all happening in the name of privatization and branding everything in sight. The main reason for being generating revenue and earning profits in terms of money. Standardization might have to be done in every aspect of businesses, such as copyright, patent, trademark, data infringement, processes, policies, procedures, regulations, terms and conditions, workflows, etc.
Yes, there should be a balanced system of copyright, Intellectual Property (IP), patents, trademarks, data infringement, etc. The creative industries should come up with short-term solutions. The copyright law should be updated. Industries and governments should educate consumers customers, and users about the importance to support IP rights. Industries must how they make their products available making sure consumers can easily and only legally access the content. Industries should come up with innovative ways to make sure content is easily available to customers and thus making piracy a less attractive option. Governments must back industries up implementing the required enforcement mechanisms into place appropriately. Governments and industries should hold Internet Service Providers (ISPs) accountable in case they knowingly facilitate any and all illegal downloading practices by their customers, consumers, or users, and ISPs do not act accordingly stopping this form of piracy.