Trademarks should be good as long as the company is in business.

Patents should be determined by weighing two factors: 1) how much sooner will the invention be produced than it would have been without the incentive of a patent, and how much will the public benefit from that earlier introduction; and 2) how much will the public be harmed by the monopoly resulting from the patent? The patent should then expire before the second factor outweighs the first.

Copyrights have been a scam since they were first introduced: the original intention (when printing was first introduced) was to police the printing of politically or morally objectionable works, but the authority appointed to do so abused the power to sell monopolies on printing specific works. Authors were originally opposed to this practice, and actually got it overturned for a time—the idea that copyrights are needed so publishers can compensate authors was a post-hoc justification publishers came up with to get authors to withdraw their objections. But it’s never been a good deal for the actual creators.

So copyright needs to be re-thought from the ground up—the amount of time that works remain under copyright is a secondary issue.

The original duration in the U.S. was 14 years, plus the option of a renewal for another 14. IMO we should move back to something close to that. One idea I’ve seen is that there’s an initial cost of however much for 7 years, and then the price doubles for every 7 year extension beyond that. Not even Disney can beat exponential growth, and it would force them to pick what they actually care about.

I’d also prefer explicit registration. We’re losing too many works because nobody’s sure who owns the copyright, and nobody knows if it’s safe to archive them.

I’d say that the original Star Wars trilogy should be public domain by now, for a concrete example. Disney can make new stories and characters in the universe and make money off of them, but everyone else should be able to as well.

Also as an aside, here’s Richard Stallman on why the term “intellectual property” shouldn’t be used. It’s an umbrella term that doesn’t really make sense, and more explicit terms like copyright or patents or trademark should be used.

I’m in favor of abolishing IP altogether, along with all Private Property.

Who does IP serve? It seems to me it serves very wealthy people who have the legal means to protect it. With that in mind, I think we should just get rid of it.

I feel like there needs to be at least 2 separate sets of rules for copyright.

For independent artists, I think it’s pretty reasonable that copyright should last for their lifetime and maybe a little longer to make sure that their spouse, children, or other dependants can be cared for before the work goes public domain. We can quibble over exactly how long after death that should be, but that seems pretty fair to me (personally I’m tempted to say 18 years+9 months, so if hypothetically a male artist knocked up his wife immediately before kicking the bucket, that kid would still be able to receive something from their father’s works until they reached adulthood.) And if they don’t have any apparent next of kin, it just expires at death.

But when it’s not an independent artist, and it’s something like Disney, where that legal entity that owns the property could very well be around forever, I think it’s more appropriate to put a hard limit on it, maybe 50 years as long as they’re actively using the property- marketing it, selling merchandise, licensing it out, making it available on streaming, etc. and maybe 15 years if they aren’t doing anything with it (Again, we can quibble over the exact length of time, I picked 50 it’s a nice round number, and 15 because that’s how long a design patent lasts and it felt appropriate)

There’s of course going to be some interplay between those two categories, an independent artist who’s contracted to make something for Disney may retain some rights to that work, so what happens after 15 years? What if that artist is contracted to make something using IP that’s about to expire even sooner? What if an independent artist creates something insanely popular and builds a disney-like megacorporation around it with hundreds of other people all creating derivative works from that original thing, does the copyright stay with that original artist to expire when they die or does it become one of those corporate copyrights that expires in 50 years? And if the latter, does that happen automatically when the company hinsts a certain size or how would that happen?

I definitely don’t have all the answers to all those questions, but as a general framework that feels fair to me.

Fifteen years tops. Fifteen years is just under half of the average number of years you’ll be in the workforce and if you put your heart and soul into something amazing I feel like it enabling you to skate through at most half of your life is reasonable.

these are not totally serious thoughts, altho they reflect my kind of feelings about it

but IP should be periodically put to a vote, maybe a year or two after a major release, in which the public decides if they should retain ownership of the IP

if not? it’s released into public domain. obviously the original company / creator can still do something with it, but others can, as well. but if they do a good job keeping people happy with it, they can keep it

obviously this has some problems, mostly about constantly polling people and probably only dealing with IP that’s popular enough

but the idea gives me some deep satisfaction after seeing some companies ruin their IP, and i like the idea of consumers having some power to punish them for being shitty lol

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What’s wild here is that when you talk about IP you are talking about entertainment and art and not lifesaving drugs and technologies on a global scale.

It’s a very privilidged western view of copyright and IP.