Wednesday, September 03, 2014

A better copyright

Derek Khanna is a Republican House staffer who got fired for writing a paper that used careful objective research to argue for scaling back copyright. Now, Khanna is a fellow at R Street, where he's expanded on his early work with a paper called Guarding Against Abuse: Restoring Constitutional Copyright [PDF], which tackles the question of copyright terms from a market-economics approach, citing everyone from Hayek to Posner to the American Conservative Union.

Khanna recommends new copyright policy. There would be a free 12-year copyright term for all new works. Following that, there could be an elective 12-year renewal, at a cost of 1 percent of all US revenue from the first 12 years. There would then be two elective 6-year renewals, at a cost of 3 percent and 5 percent of revenue, respectively. There is one final elective 10-year renewal period at a cost of 10 percent of all overall revenue, minus fees paid for the previous renewals. This proposal would terminate all copyright protection after 46 years.

Conversely, the proposed Trans-Pacific Partnership treaty is examining terms that would commit the United States to the current regime of life of the author plus 70 years.

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