RE: Francis Vaughan
"a very curious form of the harshest possible death duties. One that no other profession would be subject to"
Actually, it's not. Let's look at it a little closer.
Bob is a plumber.
Dave is a musician/writer/painter/some other artistic profession.
Bob spends his 'working hours' installing toilets, and thru hard, honest, quality work he builds a small business based on his reputation for being a reliable honest businessman who does really good work. During his lifetime he purchases and pays off a modest house, and saves enough to help pay college tuition for his children, and has a few bucks left in the bank at the end of his life to leave to them, along with the house, the business, and any possessions he gathered along the way.
Dave spends his 'working hours' practicing his craft, performing privately and publicly, and composing and publishing his works. Thru hard, honest, quality work he builds a reputation as a talented composer/musician/writer/whatever and he creates a small business producing, publishing and performing his own works. During his lifetime he purchases and pays off a modest house, and saves enough to help pay college tuition for his children, and has a few bucks left in the bank at the end of his life to leave to them, along with the house, the business, and any possessions he gathered along the way.
"If you build up a business you can leave it to your kids, leave your house to them too. But if your life's work is not in dollars, or bricks and mortar, but based upon artistic works, the state would simply be appropriating them and dispersing the value"
A plumbers life work (or any service professionals') is in the value his work has provided to his clients. If he has a business/house/inheritance to leave to his children, it's because he accumulated those things during his lifetime by saving. Those toilets don't go on paying him for lifetime +70 years. His "life's work" is every bit as ethereal as an artists.
And the fact is, in order to build a business, you have to hire and manage other people. If you're a plumber, who owns a plumbing business, you won't be doing much plumbing yourself. You'll be managing the people who do and doing administrative stuff. Same rule applies to artists. This is a sad fact of life for anyone who wants to make a living doing something they love. If you do it all yourself, your income potential will be strictly limited. If you want to build a business out of it, you will end up not doing "it" very much, cause you'll be busy running the business.
What you have to leave to your children at the end of your life is a function of how much you have accumulated during your lifetime, which is a function of how much of your "life's work" you focused on accumulating stuff. If a man is a great plumber and installs many, many perfect toilets during his career, and makes lots of money, but never saves a penny, and so has nothing to leave his children, it's not my responsibility to give his children $0.10 every time i take a crap. Likewise, if a man is a great musician/actor/painter/writer and produces many great works of art during his lifetime, but never saves a penny to leave to his children.............you can finish the logic yourself.
And ask anyone without a working toilet who's more valuable to society - plumbers or artists ;-).
I'm not against copyright during the PRODUCERS lifetime, nor for some short period after death to minimize the the situation you describe where an artist's IP value declines sharply towards the end of their life, as purchasers wait for them (and their copyright) to expire. But the fact of the matter is that the vast majority of IP is owned almost wholly buy the publisher, not the artist who created the value, and the reason it's all but impossible to make a living as an artist is that you only get a tiny amount of the revenue generated by your "life's work", while the publisher/distributor gets most of it. The current copyright situation exists to benefit them, not the individuals who actually produced the IP, which is NOT what the whole concept of Copyright is about.
I also don't think you can make a reasonable argument that a person's offspring should automatically be supported after that person's death by whatever work that person did during their lifetime. that really is something that's not true in any other profession, and isn't true for artists' either. You make money, you save some of it, you leave that to your kids. Your "life's work" doesn't do it automagically for you.
What's really at issue is the fact that modern technology is rapidly making RECORDED art valueless. This is already true of music, books and film, and is becoming more true of other art forms also. It is so cheap, easy, and effortless to copy and distribute these things electronically that what the market is willing to pay for "Copies" is rapidly approaching nothing. this is causing severe pain for the existing established industries, because their entire revenue models are built around iron-fisted control of distribution, which gives them power over both the consumer and the producer. They are simply trying their best to push that pain off on whoever they can.
Artist's should be able to copyright their own works for lifetime + a short period. Nobody should be able to copyright someone else's work, particularly after the end of the artist's lifetime. The original article here is about Universal AG (who've never Produced a single peice of art ever, they're just a distributor) bullying someone in another country for posting sheet music composed by people who died long ago. This situation doesn't fit into the concept of Copyright.
Thanks,
Joe
PS. really hate the new icons. please make them go away. My $0.02.