Do bad things happen when works enter the Public Domain? – Open Knowledge Foundation blog
peter.suber's bookmarks 2023-12-02
"New research shows that the traditional arguments for copyright extension are as flawed as we always suspected.
Copyright is generally defended in terms of the stimulus it gives to creative production: what motivation would anyone have to do anything ever if they don’t get decades of ownership afterwards? But then how do you justify the continual increase in copyright terms which has taken place over the last century, and applies retrospectively to works made in the past? Extending their copyright protection can’t stimulate their production – they’ve already been made!
Three main arguments are advanced: that works which fall into the public domain will be under-exploited, because there will be no incentive to produce new works; that they will be over-exploited, with too many people using them and therefore reducing their worth; and that they will be tarnished, by being reproduced in low quality ways or associated with undesirable things.
All three arguments, it seems, are nonsense. A new research paper, “Do Bad Things Happen When Works Enter the Public Domain?:Empirical Tests of Copyright Term Extension”, has taken the example of audiobook reproductions of public domain and copyrighted works, and investigated the three potential types of damage that are thought to occur in the transition to public domain status::
Our data suggest that the three principal arguments in favor of copyright term extension—under-exploitation, over-exploitation, and tarnishment—are unsupported..."