Hacker News new | past | comments | ask | show | jobs | submit login

I think that the reasonable upper boundary one can place upon encouraging an artist to create new works is the death of the artist. To my knowledge, people simply do not go on creating things after they have died.

But since that might create a perverse incentive to murder artists or to name one's children as co-creators, it would be better to apply a fixed term instead--one well within the natural lifespan of a human.

An automatic 20 years, renewable for additional 10 year intervals only as long as the primary author still lives and holds the copyrights--that seems reasonable. Works-for-hire would thus be a fixed 20 years with no possible renewal. In contrast, patronage could be worth more to the patron in the long run, so long as the author remains satisfied.

Under such a system, I imagine it would be typical for novices to create works for hire for some time to build reputation, then graduate to patronage in exchange for exclusive licensing terms, and then finally move on to complete self-management, where the fanbase is able to fully support the artist.




>I think that the reasonable upper boundary one can place upon encouraging an artist to create new works is the death of the artist. To my knowledge, people simply do not go on creating things after they have died.

I will use funny examples here just to illustrate a point. Biggie Smalls has generated more money from his work after his death than during his lifetime. 2-Pac has published more music after his death than during his life time (obviously the music was recorded but not released). There are many examples of painters who's work only became famous after their death.

It is my belief their work should not lose protection and be entered in the public domain because of their death. People can still make derivative works so long as they do not infringe, but 1 to 1 copying would, and what I argue is should, be protected. As it relates to work with greater investment, $200M+ movies for example, yes I believe (and I think what most people do not agree with me about) is those would disappear if they entered public domain after 20 years (using your term as an example).




Consider applying for YC's W25 batch! Applications are open till Nov 12.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: