It seems more often than not that the incentive is just to sit on the rights to IP, even if you don't plan to do anything with it ever, just because there's no incentive to let things go, and there's some microscopic but non-zero benefit to holding onto IP just in case.
I wonder if, instead of having the near-endless wait until public domain, it would be good to have a system of intellectual property that made copyright increasingly expensive to hold year after year, as some function of the total assets of the IP holder. Make it some exponential function, so that after a certain number of years, holding onto the rights to some IP is just too expensive to maintain unless the holders feel they can actually do something good and profitable with the IP (rather than a system that would need to show regular "use", which would incentivize publishing crap to satisfy a regulation).
I like how that idea gives incentives for people and businesses to hold onto the really valuable IP.
BUT...I think I'd actually prefer a return to the simple copyright rules: 14 years, it's yours. After that, it's in the public domain. I'd even take away the 14-year extension, or maybe make the 14-year extension be sold at an auction.
And after that, no more copyright.
Intellectual property is the flimsiest of modern-day "property" fictions (i.e. things we made up to help some people/businesses out), and the wealth of public domain is so very, very enriching to all citizens.
There's another nice win to this type of solution: it solves the Orphan Works problem
Right now a disturbingly large percentage of recorded audio is hard to preserve because it's not clear who to contact or the rights-holder doesn't have a system for handling obscure items. If you're a film-maker and want to license a track by a major artist, it's pretty straight-forward – call Sony and make sure you have enough zeros on the end of the check – but if you wanted something obscure – period jazz or blues, garage rock, etc. – you might not even be able to find who currently owns the rights after decades of people drifting out of contact, corporate mergers and acquisitions, bankruptcies, etc. Even a modest annual payment could have the side-benefit of ensuring that any work under copyright would have current contact information on file with the Copyright Office.
That is brilliant. It would solve the Mickey Mouse Protection Act problem as well.
If megacorps like Disney want to spend millions keeping Mickey Mouse and friends out of the public domain after 100 years, they're free to do so, without keeping things like The Great Gatsby or the Dewey Decimal System locked up for no good reason.
The only problem I see is for software that gets new versions periodically. Often times an old version is "good enough", but if it became public domain then it would compete against the newer version. Of course depending on your viewpoint that may not actually be a problem.
That's how it's supposed to work - if you don't make a better type then people will stick with the old type. It seems in many areas technology has plateaued and so companies have moved to planned obsolescence, which this is just a version of.
This just highlights to me that the current economic systems are failing and a paradigm shift is required to allow mankind to make better use of resource. We can make a bucket that will last multiple lifetimes but if you go to the shop you'll find ones that break after a short period of use.
Companies are seeking laws to allow them to engineer in obsolescence of copyright works and prevent those who purchased copies of those works from working around that obsolescence. Rather like making cars with closed engine bays and legislating against owners using tools to access the engines for repairs ... no doubt that will come, auto-mobile computers are starting to make car repairs rather like this already.
There are way to little responsibilities for the copyright holders compared to the rights are able to enforce.
Copyrighted works could be treated comparable to undeveloped land if not used. Meaning works currently not being commercially available in a supported medium under reasonable conditions from the rights holder. If available the rights holder may either pay an annual tax (much like land value tax) or release the work into public domain.
I wonder if, instead of having the near-endless wait until public domain, it would be good to have a system of intellectual property that made copyright increasingly expensive to hold year after year, as some function of the total assets of the IP holder. Make it some exponential function, so that after a certain number of years, holding onto the rights to some IP is just too expensive to maintain unless the holders feel they can actually do something good and profitable with the IP (rather than a system that would need to show regular "use", which would incentivize publishing crap to satisfy a regulation).