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Why should we settle for that, rather than demanding public domain? What makes that tradeoff worthwhile?

The critically important question: how many works would be created with a perpetual copyright (under whatever terms) that would not also have been created with a 14-year or 28-year copyright? The answer seems likely to be "not many", and certainly not enough to be worth trading away the the opportunities created by the public domain to get it. The public domain also tends to inspire the creation of many works.

In talking about copyright, we're talking about trading off between two things people want: a useful and vibrant public domain with plenty of works in it, and the authorship of more works (that will eventually end up in that public domain). Trading off the former completely to get an extremely marginal increase in the number of works does not seem like a trade we should make.

Now, that said, I would be in favor of the concept of having a shorter period of exclusivity, and a somewhat longer period of exclusive commercial use, such that non-commercial derived works become permitted after that shorter period. But even the latter shouldn't be perpetual, and both should be far shorter.




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