I Assume Dictatorial Powers

[drplokta]

I'm getting bored, so I've decided to be a global dictator for a bit. I'll be announcing new laws daily in my journal.

My first edict concerns copyright. Copyright is supposed to encourage the publication of works, and it allows content creators to have extraordinary control over what people do with their property in return. It's not intended to allow large media companies to keep works unavailable. Your global dictator is especially pissed off by companies threatening to kill off new formats that they don't like by refusing to provide content. This being the digital age, there is no reason for anything to ever go out of print.

So, from now on, to retain copyright for more than two years beyond publication (or beyond today's date, for works that have already been published), a digital copy of the work must be available for purchase online in a suitable format at a reasonable price. This only applies to works that have been sold commercially -- this new legislation does not apply to work which has been made available for no charge.

A suitable format is one for which a reader can be developed without the use of any patents, trade secrets or encryption keys unless they are irrevocably, unconditionally and perpetually licensed for royalty-free use by anyone who wants them. Suitable formats for books include HTML and RTF. Suitable formats for music include OGG. Suitable formats for still images include PNG, JPEG and (since the patent expired in 2003) GIF. There may currently be no suitable formats for film and TV, and the media companies had better do something about that quickly, or all of their work will go out of copyright in February 2007. A suitable format is also of quality not significantly worse than other formats in which the work is or has been available.

A reasonable price is not higher than the lowest price at which the work has previously been available, and is not out of line with the prices charged for other comparable works.

Exemptions may be applied for, for works published before this decree was issued that are not available in a digital format -- obviously, anything that has ever been issued on CD or DVD cannot have an exemption.

A central register will be maintained of the URLs from which works can be purchased, or the fact that they are exempt. Anything that is not on either list more than two years after publication automatically enters the public domain, and can't be re-copyrighted later if it is put back into print. If reports are received that a work can't actually be purchased from the URL listed, they'll be investigated, and the work will be removed from the list if the reports are true.

This does not stop media companies from using DRM to "protect" their works, but they'd better be sure their DRM actually works (unlike any DRM mechanism yet invented), as they won't have the copyright law to back them up (after the first two years).

Oh, and as a side-note, if you publish a derivative work from a public domain work, for example an art gallery selling cleaned-up prints of old masters, you have to make the original available at no charge in order to claim the copyright on your new version. You can't exploit your control of physical access to the original work in order to prevent people from copying it.

Look for another new law tomorrow.

Comments

[hawkida.livejournal.com]

A reasonable price is not higher than the lowest price at which the work has previously been available, and is not out of line with the prices charged for other comparable works.

Perhaps that should be tweaked a bit to take into account value fluctuations due to things like exchange rates and inflation?

[hawkida.livejournal.com]

What will you do to the people who break the law?

[drplokta]

I'm sure my legions of fanatical minions will find something suitable.

[lostcarpark.livejournal.com]

He's going to put jamesb in charge of enforcement. Any further questions?

[brisingamen.livejournal.com]

No, that's quite sufficiently scary, thanks.

[rdmaughan.livejournal.com]

Once I sell an HTML copy to one person how do I stop them giving away copies to all their friends?

[drplokta]

Crack down on people selling illegal copies for profit, make sure your price and convenience are sufficiently attractive that most people would rather buy a legit copy from you than get a dodgy copy from a friend, and don't worry about it too much.

[peake.livejournal.com]

Assume I'm a poor, hardworking author. All my income is dependent upon the copyright material I produce. Not worrying too much about illegal copies means not worrying too much about whether my family continues to eat. So how does this law ensure my continued survival?

[drplokta]

Worrying unduly about illegal copies is what decreases your income. Taking a relaxed attitude is what will let your family eat. The only people making money from electronic books at present are the ones selling unprotected formats (Baen) and the ones giving them away in the expectation that some people will then go and buy the paper copy (Cory Doctorow). This law ensures your survival by forcing you to do the sensible and financially advantageous thing instead of doing the stupid thing.

The media industry should be concentrating on maximising the paid distribution of their wares. Instead, they have a fixation with minimising the unpaid distribution of their wares, which is a very very different proposition.

Recall also that nearly all of the money that an author makes from a book is made in the first two years, which aren't affected at all.

[kake]

Fictionwise also sell unprotected formats, and are very careful to make sure that you can always get hold of another copy if you lose yours. I've had them hunt out ancient accounts for me (they've been around for a while) and consolidate them since for some reason I had more than one. I am very pleased with them.

[twicezero.livejournal.com]

neuromancer made more money in the first two years than in the years since? A Chrismas Carol, or choose a dickins early work on your choice... :)

[drplokta]

No, but books with staying power like that are only a tiny proportion of the total number of books published. It's also worth noting that the books in Baen's back catalogue that sell best are the ones for which they give away the electronic edition for free.

[papersky.livejournal.com]

I made $5000 last year from a book published in 2000, which didn't exactly make the difference between being able to eat or not, but certainly made the difference between being able to go to Worldcon and World Fantasy or not. I didn't make any money past the advance in the first two years after publication, but the two years after that I certainly have.

So five years would seem like a better model, not that I'd mind having it online for that matter, but I don't own the e-rights.

When Tobias Bucknell has finished collecting actual advance figures, it might be worth asking him to collect actual earning out figures and dates, because I hear this "2 years" thing all the time, but it isn't what I gather from anecdotal evidence at all.

[green-amber.livejournal.com]

I will read this later OK?

I like the idea. maybe I will start passing laws in my journal too..

[sbisson.livejournal.com]

For video, see the list of formats supported by VLC.

[drplokta]

I think that a lot of those formats would not survive a patent challenge in the US. I could just use my dictatorial powers to abolish software patents, but I think it'll be more fun to watch the media companies scurrying around trying to put together a patent-free codec first.

[sbisson.livejournal.com]

Well, there is an Ogg video format now...

[armb.livejournal.com]

I like the principle, but I also quite like the idea that artists should be allowed to make things available in limited editions (including "this is the original, no copies allowed") if they want to, at least for a longer period than two years.

[armb.livejournal.com]

P.S. Should "more than two years beyond publication (or beyond today's date, for works that have already been published)" be "more than two years beyond publication (or beyond today's date, for works that were published more than two years ago)"?

[chatworthy.livejournal.com]

I, for one, welcome my new geeky overlord.

(And I've been a lurker on plokta.com for a long time, so I know what I'm getting into :) )

I'd recommend multiple central registrars. Give them the right to audit each others' registries.

[pmcmurray.livejournal.com]

Oh, can I be a minion? *bounce, bounce*

How about Minion in charge of Australia? I'd like that - I'd have to go there a lot and someone else would have to pay. Think I'd start by changing their immigration rules...

[pmcmurray.livejournal.com]

and Lil can be my personal assistants to control the mini-minions and supplies of chocolate, gin and macadamia nuts...

[liluri.livejournal.com]

Oo! Pat's personal (and possibly cloned) assistant - with power over chocolate - Gimme!..Please oh Overlord :)

[drplokta]

How can I resist such blandishments? pmcmurray, Australia is yours. You can appoint whoever you want to assist you, but if you know what's good for you...

[stillcarl.livejournal.com]

Too many words for a decent law.

So, a much better copyright law...

Anybody can sell any work in any format for any price they like, whether they're the original creator of the work or not, and they may sell a modified version of it if they choose.

Result? Those who create original works will sell them for what they believe the total worth of the work is to them - say $10,000 for instance. First customer buys it, thinking they could sell 20 copies of it for $1000 each. Those 20 customers (if they exist) then sell it for, well, who knows? But you get the picture.

Or maybe the likes of an Amazon buys that first copy and sells a million copies for a dollar a pop.

Even better, you don't actually need a copyright law for this to work.

[hawkida.livejournal.com]

Famous author accidentally leaves manuscript on train. Joe Passenger makes a fortune, author does not eat.

Hmm.

[stillcarl.livejournal.com]

I never said you shouldn't insure your stuff, did I?

[green-amber.livejournal.com]

If I still published fanzines I'd be tempted to ask for your Collected Laws as a fanzine article.
Actually wotthehell I keep saying I'll do one for Worldcon - can I have them for then?

[drplokta]

Sure, go ahead. I fear that you'll have to seek separate permission from any of my Minions whose laws you want to include, however.

[yonmei.livejournal.com]

Can I be Minion i/c of Slash?

(Or even Minion i/c of Fanfic?)

[drplokta]

Absolutely!