[pp.int.general] 3-step usage rights / forced licensing model

[Eduardo Robles Elvira]

On Tue, Nov 3, 2009 at 10:45 AM, Pasi Palmulehto
<scoffer at kofeiini.riippuvuus.net> wrote:
> Good morning.
>
> Here are some thoughts that have been circulating between myself and a
> couple of active members.
>
> I'm not saying, by any means, that what I'll present is a perfect idea,
> neither does it represent an official stand of the Finnish Pirate Party.
> Rather: this sounds good to me but are there any problems? There usually
> are a few when something sounds too good.
>
> The idea might be called "3-step usage rights" (I will not use the term
> copyright, since it doesn't fit here anymore) or forced licensing
> (sounds nasty).
>
> The main idea is to remove all restrictions from private non-commercial
> use of currently copyrighted information (I will not say file-sharing
> since it's only a part of it), to remove limitations from creating
> derivates, mash ups, mixes and such, except from a small compensation to
> original creators from actual sales, and finally, after a bit longer
> time, to move the work into public domain.
>
> I'll start with timeline story.
>
> xx - Birth of work (Hasn't yet been released, no-one can really use it
> yet)
>
> 0d - Release of work. Anyone is free to use it non-commercially for
> private purposes. Creator of work has (or has been granted) 5 years
> exclusive usage priviledges.
>
> 5y - Work is 5 years old and it becomes free for any commercial use.
> Creator has no rights to deny it from anywhere, but creators will get
> compensated from the price the work is sold. For example, say a record
> label will make their own collection CD including the work. Record label
> must then pay a 10% (total) fee for the creators of the price (not
> profit) of the CD. In cases where the compensation cannot be
> realistically estimated from the price, an option of a bulk compensation
> could be considered. Mash-ups and remixes, where the used parts are not
> significant or critical for creating a new art work, do not need to pay
> the fee (in Finland we have citate rights, I think fair use includes
> about the same).
>
> 20y - At this point the work has got enough protection for making some
> profit for the creator, or if it hasn't...it probably never will. The
> work will move into public domain (in Finland PD would still retain some
> "moral rights", most importantly one close to CC-by, or the right to be
> recognized as the original creator, which I think is good.)
>
> Teorically, the last step could come to effect after longer time since
> there are no more limits for who can use whose art, but personally I
> think there is no need for more than 20 years.
>
> I'll go through the last part very quickly - I hope the point is not
> lost.
> All this could be pretty easily achieved with a works database
> (databank) what would include every artistic work that the creator
> wishes to be potentially compensated for. If the work isn't entered
> there, all the above protections will not apply. The database would work
> pretty automatically:  it would list every work, allow searches and
> sorting by popularity, and work as a payment gateway (company ->
> database -> creator).
> In this model, copyright societies (as they call themselves) could still
> exists if writers, performers, transformers ;) or photographers want
> them to. They would see that companies pay for using works and they
> could also deal with the databank by updating info of works instead of
> artist (if artists want so). But overall, they wouldn't be as crucial
> anymore (as for now, you can't really even get a CD for sale on
> supermarket without being a customer of a copyright society).
>
>
> Okay...one big messy post, please give some feedback - pros and cons.
> The main goal is to liberate the use of works of art - commercially and
> non-commercially. The secondary goal is to ensure income for creators.
> Performers are much lower on priority here, since they have effective
> profit mechanisms that are not under any viable threat.

Hi!

Just a small note: What a coincidence! We had already proposed a
three-steps model for rights of author in PIRATA =) This model is very
similar: Our Step 2 involves compensating the author with a % of the
profits.

Regards,
   Eduardo Robles Elvira (Spain, Partido Pirata)