Discussion of all things related to Public Domain

[Kevin Marks <kmarks AT mac.com>]

On Tuesday, February 4, 2003, at 08:57 PM, tompoe AT renonevada.net wrote:

> Hi, Sabrina:  Here's my question.
>
> What search terms would you use to learn more about copyright terms? 
> Specifically, I'm interested in finding out who might have thought 
> about copyright terms in a relative sense to the "life expectancy" 
> consideration for those who lived in the 1790's.  The life expectancy 
> span at that time, was something in the range of 36 years.  Noting 
> that, then, it might seem logical to attach a related term of 
> "lifetime" to the then, 14 year copyright plus renewal, which took it 
> to 28 years. This would coincide with an accepted philosophy of 
> granting copyright for the life of the creator, even in the 1790's.

You're on the right track - Jefferson discussed this with Madison on 
exactly this basis:
http://digital.library.upenn.edu/books/bplist/archive/1999-02-11$2.html

Jefferson's own preference for the term of copyright was communi-
cated to Madison a few days afterward, in a letter of September 6,
1789.  There he proposed a term of 19 years, based on an actuarial
calculation:

     The question Whether one generation of men has
     a  right  to  bind another seems never to have
     been started on this [i.e., the European side --
     Jefferson was writing from France] or our [American]
     side of the water... that  no such obligation can
     be so transmitted I think very capable of proof. --
     I set out on this ground,  which I suppose to be
     self evident, that the earth belongs in usufruct
     to the living; that the dead have neither powers
     nor rights over it...  A  generation coming in and
     going out entire... would have a right on the first
     year of their self-dominion to contract a debt
     for 33 years, in the 10th for 24, in the 20th for
     14, in the 30th for 4, whereas generations, changing
     daily by daily deaths and births, have one constant
     term, beginning at the date of their contract, and
     ending when a majority of those of full age at that
     date shall be dead.  The length of that term may
     be estimated from the tables of mortality.  Take,
     for instance, the tables  of M. de Buffon...
     [according to which] half of those of 21 years [of
     age] and upwards living at any one instant of time will
     be dead in 18 years 8 months, or say 19 years as the
     nearest integral number.  Then 19 years is the term
     beyond which neither the representatives of a nation,
     nor even the whole nation itself assembled, can validly
     extend a debt...  This principle that the earth belongs
     to the living, and not to the dead, is of very extensive
     application...  Turn this subject in your mind, my
     dear Sir...  Your station in the councils of our country
     gives you an opportunity for producing it to public
     consideration...  Establish the principle...  in the
     new law to be passed for protecting copyrights and new
     inventions, by securing the exclusive right for 19
     instead of 14 years.

> If this argument were put forth, and it was with merit, then the 
> discussion over copyright would take on a different flavor, at least 
> for me.  But, so far, I haven't seen much discussion on this with the 
> searches I have done, or the readings I have been exposed to.  Are you 
> able to offer any suggestions?  My interest is in trying to move the 
> discussion away from fighting with corporate idiots, and moving on to 
> solutions [such as Open Studios/Creative Commons, hint, hint].

not to mention mediAgora:

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http://mediagora.com  - encourage copying, receive payment, reward sales