May 17, 2003

Hilty on Eldred

Reto M. Hilty has written about the Eldred decision of the American Supreme Court in GRUR International 2003, 201, in German and not on the web.

He notes as the reason for extending the copyright term in the first place: If you take the time where the last of the original author's offspring have personal memories of the author as a base for the term, longer life expectancies lead to longer copyright terms.

And he adds some critical questions and remarks: Why should software be protected for such a long term when it will be out-dated in only ten years? Where is the explanation for the difference in protection terms of 20 for patents, but 120 for copyrights? Europe needs to look at the economic questions too. The authors need some protection against publisher's shareholders. Copyright policy has been one-sided, there was no lobby for public interests.

Hilty doesn't comment on the relation to the Internet I raised as a question before. But his critical comments are good news for everybody concerned for the creative commons.


Posted by Karl-Friedrich Lenz at May 17, 2003 03:46 PM | TrackBack
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