A Comment About

It’s a Wonderful Copyright Mess

December 24, 2009 - 12:00 am - by Adam Graham
ajacksonian
2009-12-24 14:00:09

One of the new ideas of the digital age, at least for print authors, is to give away the digital copies for free after the first runs of hardcover and paperback are out, say 3 years after first publication. This concept has been pioneered by Baen Books for SF and Fantasy authors who have wanted to give it a try over at the Baen Free Library. It is counter-intuitive, but the idea is that if someone is willing to read a book online or even with a digital reader, that individual will then seek out a hardcopy.

Strange as it may seem, a tactile copy that requires no electricity to read, that you can put physical notes on and otherwise utilize in analog ways actually does have a value to readers. So much so that the royalties on works on the out-years, which are typically abysmal, have increased by doing this. Readers interested in a story or series can peruse it online and then seek a hardcopy for further reading and perhaps buy more from that author as well. If you don’t like it, then there is no cost for reading the material to the publisher or reader.

While this is less than perfect for video releases or music, the idea of releasing downsampled video and offering full resolution versions would be an interesting one. By locking up a work and trying to extract a minimal residual value for ‘special releases’ studios would be able to try the idea out that individuals could watch or listen to works that are perfectly acceptable on a small screen or has a commercial short version for music, and then offer the full-size or full length version for payment. This would at least encourage the studios in their stewardship role if they insist on keeping material locked up… and new artists/directors trying to break into the business may find this idea appealing so that releasing their material in a free venue would encourage sales and yet still leave a free version of their work for the public at large. Free can make you money… just don’t tell the studios that.

Addressing the orphaned works is one that is of growing concern to geneologists as many of the works now getting captured by the Disney Extension have no heirs, no existing publishers and no one to officially release these locked up works containing vital data on historical lineages that are of public interest. Those were published with expected expiration dates and yet they cannot be made freely available due to copyright. The nominal fee concept would help get orphaned works out of that limbo and into the general public’s hands. These laws do need to be changed, and Jerry Pournelle has pointed out that many of his past works that would normally have lapsed into the public domain are held by publishers and anyone wanting those works have a near impossible time finding them… the original 14 + 14 is inherently fair due to the fall off on residuals post-publication. Even with enhanced amounts, that is by making a version of the work free to get those higher residuals and at some point that entire work for all versions needs to come to the public for general appreciation and use. That is how our culture is built: on common ideas and works.