I think that's a horrible idea. There's zero benefit to society in letting corporations like Disney that can afford to pay keep works out of the public domain longer than others.

>I think I like the idea, but I can't help wondering if it would have unforeseen consequences.

As I said in a sibling comment, quickie comments on HN should be taken more as mental stimulation and kickoff points for further discussion as opposed to "final bill that has been revised in committee and is going to the floor for a full vote". The details of implementation are certainly critical, and not trivial either! I'm fully in support of thinking through various use cases. But part of why I'm interested in alternate approaches is that they might give us finer grained tools.

>Could this approach undermine the protections afforded by open-source licenses? (IANAL.)

I have actually considered that as well but didn't add it into a quickie comment. If we take the second path of approaches I listed there, then thinking about it all open source software would fall under a special even more permissive class of the tier 3, in that it already has "fair, reasonable and non-discriminatory" licensing for all right? Except that it's also free. The motivation here is the "advancement of the useful arts & sciences" and the public good, so having it be explicit that "if you're releasing under an open source license and thus giving up your standard first, second, and part of your third period of IP rights and monopoly, you're excluded from needing to pay a license fee because you've already enable the public to make derivative works for free for decades when they wouldn't otherwise anyway."

All that said, I'll also ask fwiw if it'd even be that big a deal given the pace of development? I do think it'd be both ideal and justified if OSS had a longer period for free, that's still a square deal to the public IMO. But like, even if an OSS work went out protection (and keep in mind that a motivated community that could raise even a few thousand dollars would be able to just pay for an extra decade no problem, the cost doesn't really ramp up for awhile [which might itself be considered a flaw?]) after 10 years, how much is it worth it that 2016 era OSS (and no changes since remember, it's a constantly rolling window) now could have proprietary works be worth it against 10 year old proprietary software all getting pushed into the public domain far faster? That's worth some contemplation. Maybe requiring that source/assets be provided to the Library of Congress or something and is released at the same time the work loses copyright would be a good balance, having all that available for down the road would be a huge win vs what we've seen up until now.

Anyway, all food for thought is all.

I want to be super clear that I'm not proposing some finalized plan or numbers here, it'd need some real work spent hashing it all out. Mainly though I hope people will consider more the huge space of untapped approaches to balancing various benefits and costs towards a better societal outcome. And that maybe that helps a little in getting us out of some of the present seemingly intractable boxes we so often seem stuck in?

Your tax idea could certainly be another useful tool. My main immediate thought/caution would be:

>IE: if you make profit off of it, then it cranks up. There's plenty of music artists who's song blow up a decade or more later.

As we have endless examples of, "profit" and even "revenue" can be subject to a lot of manipulation/fudging given the right incentives. I also think that part of the cost I describe is objective: whether it takes off right away or takes off after a decade, as long as it's under full copyright it's imposing a cost on society the whole time. Also other stuff like risk of it getting lost/destroyed. So I do think there needs to be some counter to that in the system, sitting on something, even if it makes no money, shouldn't be free.

But the graduated approach might help with this too, and again they could be mixed and matched. It could be 1001.3^n to keep full copyright, but only 501.2^n to maintain "licenseright", 25*1.15^n for "FRANDright", and free for the remaining period of "creditright". Or whatever, play around with numbers and consider different outcomes. But feels like there's room for improvement over the present state of affairs.

That's how you end up with "Hollywood accounting" where movies that gross over 100M dollars still show as a "loss" for tax purposes via creative accounting methods.

When old art gets a revival like that it's usually because the work is being reused (e.g. song used in an ad, Tv show, movie), something that costs time and money to license when done legally. How many artists lost their chances because navigating copyright is tedious and expensive?