What is copyright?

At what lower term for copyright would we see little change in the profitability from holding a copyright?

  • Outside of the corporate circles and Congress (and other governments), there seems to be a consensus that copyright expiration dates are too long. The Berne Convention brings most nations into a minimum term of 50 years plus life of author/creator. (25 years for a photograph; 50 for a movie.) Please pick one or more to discuss: Movies, TV, Recorded Music, Written Music, Books, Websites and Magazine Articles, Photography. Actual terms in most nations (http://en.wikipedia.org/wiki/List_of_countries'_copyright_length) are actually at 70+Life or 70-to-95 years for corporate owned works. How short are we able to cut this and still allow all but the long tail in profits from a copyright?

  • Answer:

    Movies tend to make most of their money in the first year through a combination of box office, video on demand and initial DVD sales. This all peters off, with box office revenue only lasting that first year, internationally, and then basically being dead. So far the DVD industry is only 16 years old and online video streaming is even younger, so no telling how long that tail of income might be. But the revenue model for movies is shaped into release windows to maximize the income from any one revenue source. Theatric: 0 - 6 Months Video/DVD: 6 - 15 Months Pay Per View: 15 - 18 Months Pay TV: 18 - 30 Months Free TV: 30 + Months  ------------from: http://www.skillset.org/film/knowledge/article_5103_1.asp This suggests that once it hits ad-supported TV, there is are a few splashes of income from a TV deal, but only blockbusters can expect repeated play on the airwaves. In film, as with most copyright-based industries, it is the distributors that make the most money (about 53%), not the copyright holders. However that income is mostly received in the first three years. Creating a sequel can extend the aftermarkets for the film. And there is revenue to be earned from licensing a remake about 15-25 years later. But aside from a bump in sales associated with a remake spurring interest in the original, that seems to be about it for lifetime revenue. Copyright on movies could clearly drop to 25 years with no significant impact on the movie industry. Likely it could be dropped to five years which would protect nearly any work during the time period in which its sequels were still boosting revenue of the original.

Todd Gardiner at Quora Visit the source

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Todd's right on the money, so to speak. They don't call it "Hollywood Accounting" for nothing though, and Studios would likely trot out there (proven false) numbers to show that even movies like Harry Potter are "still losing money". In my experience selling both of our indie films, this held true as well.  After about 36 months into release, we were *done* making any more real money off the films.  Though there will be long tail of maybe a couple hundred bucks a year (at best) for a while.  After year 5, we even dissolved the corps holding the copyrights and permanently transferred them to the primary team member, because it wasn't worth the corp filing fees and minimum taxes each year to keep them going. I would definitely agree that copyright could be (and should be) much shorter without any really significant harm to rightsholders.  Five years might be a bit short, but 10 years should be more than enough.

Jon Lawrence

For most properties, what Todd says is true.  However, one must remember there are exceptions.  To use one company, and one character, Disney, and Mickey Mouse.  One of the strongest advocates for extending the copyright period was Disney, because their character Mickey Mouse was coming up on the expiration of "his" copyright - and they were successful in attaining a 20 year extension to all copyrights.  Mickey is as marketable today as he was 70 years ago, his copyright continues to have value - should that continue to receive copyright protection. Another example from Disney - they maintain a very tight control over the release of their films.  Even now, many of their DVDs are withdrawn from sale and held in cold storage a number of years (decades) before returning to the market.     How many fans have returned to see Star Wars Episode I (1999) released again in 3D this month?     How many "Golden Oldes" stations are still broadcasting (either over the air or Internet) songs copyrighted in the 1950-60s, and thus still earning royalities?

Bruce Gardiner

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