The Mudcat Café TM
Thread #17225   Message #1936863
Posted By: Richard Bridge
14-Jan-07 - 11:06 PM
Thread Name: 1/19 quote-value of public domain-overprotecting
Subject: RE: 1/19 quote-value of public domain-overprotecting
The two biggest (IMHO) are:

1. A simplistic view of the issue itself simplistically called the "idea/expression" dichotomy. It has pretty well always been the case that the taking of exact language is not necessary for there to be copyright infringment. Otherwise for example a silent film could not have infringed the copyright in a book, nor could a translation into a different language ever have infringed copyright.

2. Since the USA joined the Berne convention, even in the USA (which before then was in international terms increasingly isolated in the way it treated copyright) there has been no possibility of registration being necessary for the subsistence of copyright and therefore no possibility of a work being examined by examiners before being admitted to registration and thus copyright.

Another fallacy is that politicians stay bought!

It is I think nonetheless very arguable that the duration of coypright should not be excessive.   Argument should not however be based on false premises or dishonest presentations, lest we all become merely politicians.