[IAMSLIC:2837] Copyright Tax

From: Joe Wible (wible@stanford.edu)
Date: Thu Jan 23 2003 - 13:00:56 PST

  • Next message: Todd Hannon: "[IAMSLIC:2838] Re: Copyright Tax"

    IAMSLIC,

    I found this interesting. I would take it a step further and make
    the tax graded so that it is cheap to register for copyright during
    the first 10 to 20 years, but then it increases in cost as the years
    go by.

    Joe

    ______________________

    LEGAL SOLUTION DENIED, LESSIG SUGGESTS A COPYRIGHT TAX
    He may have lost a difficult copyright case in front of the
    Supreme Court, but Stanford University law professor
    Lawrence Lessig is certainly not out of ideas. And Lessig
    is wasting no time in his efforts to seek a practical
    solution to the copyright issues that failed to attract a
    legal solution. In a NEW YORK TIMES editorial, Lessig
    suggested that Congress consider a copyright tax as a way
    of balancing the public domain and the rights of content
    owners. "The answer is suggested from the law governing
    patents." Lessig wrote. "Patent holders have to pay a fee
    every few years to maintain their patents. The same
    principle could be applied to copyright." The tax, Lessig
    added, should be small so as not to be a burden, "maybe $50
    a work." Under Lessig's proposal, copyright owners who wish
    to preserve their copyrights for revenue-generating
    purposes could easily do so.

    But if a copyright owner fails to pay the tax for three
    years in a row, "then the work will enter the public
    domain. Anyone would then be free to build upon and
    cultivate that part of our culture as he sees fit." The
    plan would also respond to another problem that Lessig sees
    in the copyright system: the difficulty in identifying
    copyright holders. "When the tax was paid, the government
    would record that fact, including the name of the copyright
    holder paying the tax. That way artists and others who want
    to use a work would continue to have an easy way to
    identify the current copyright owner." In a previous
    interview in the July 15, 2002 issue of LIBRARY JOURNAL,
    Lessig said that the copyright system was harmed by the
    government's decision not to require registration to claim
    copyright protections. "That means there is basically no
    way to know when you look at a work if it is actually
    protected, or who you have to get permission from to use
    that work...the consequence is that it has become an
    enormously expensive system to negotiate." For more, see
    http://cyberlaw.stanford.edu/lessig/blog/archives/EAFAQ.html



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