If the limitations on copyright weren't present, why wouldn't the restaurant make copies of the photograph that I took that they have hanging on the wall and sell it at the front door without reimbursing me in any way?
You don’t have to sell the prints if you don’t want to. But if someone else does fulfill that market demand by selling or giving away your photographs after those photographs have entered into public domain, that’s a win for all those who wished to enjoy your art. Without having to visit that particular restaurant. The length of time to get to public domain is the issue at hand.
I want you to make money on your photography. It’s a good incentive to keep doing that scope of work and more art in the world is a win for humanity. But if you haven’t been able to recuperate losses and make profit on a particular photo after 70 years, I don’t think it’s going to happen for ya.
Aside on this is that it disincentivizes me to display anything that I don't want to sell and think I can make money on during the copyright protected period.
I have hundreds of photographs... the idea that I'd need to pay some amount to re-register them (individually?) extend their copyright protection is likewise absurd. (Compare : do you pay to re-register the copyright on each file in an open source repository ... because each file has a different copyright on it ... or the entire collection? But what is a logical collection of photographs?)
I have photographs that have made more money in the past 5 years than they have in the 30 years prior.
Moving things to the public domain faster than the artists who created the material would likely make them less likely to produce, publish, or sell things that would enter the public domain before they could benefit from them would result in the material becoming a patronage based system or the material never being created at all.
I do not want all artwork to be locked behind a patronage system. e.g. "Here's my patreon - all members at the $20 level get a high quality digital image each week." That would be bad for art as a whole... you'd never see it at an art festival or in a gallery or a restaurant wall.
I realize this is becoming more and more popular... but I don't think it is good. Shorter copyright terms would make this even more prevalent because of the difficulties being able to make money as an artist off the material. The long tail of a photographer's library is very much a thing and part of one's livelihood. Cutting off that tail prematurely doesn't put more material into the public domain - it results in less material being created.
As a human with limited lifespan, that sucks.
In your scenario, as an artist you are still actively selling and making money on your art. That’s great, and maybe there should be exceptions in copyright for late bloomers who found their popular stride way later in their career with their earlier art. Regardless, you’re selling it and now I can buy it, awesome. This solves my problem.
However if I saw a photo of yours, from say 35 years ago in a restaurant you did as a commission, and you don’t want to sell me that print (totally fair) but also you don’t want anyone else to sell the print to make money off your 35 year old work, then I’m kinda hosed. I’ve got no options. I just have to travel to that restaurant, hopefully still open and they kept the photo on the wall, or just use my good ole noggin to remember what it looked like.
Just feels fundamentally broken, ya know?
I’m sure you could argue “well it’s my art and I’m allowed to determine its availability.” Now we’re into morals and what’s good for humanity. I will say art is in my subjective opinion good for humanity. Keeping it locked away is bad.
I don’t recommend a binary all or nothing approach to copyright protections, I just think at a certain point it’s for the betterment of the people now, not for the individual.
I appreciate your healthy challenging to my ideals.
I think a reasonable argument against copyright being so long is that things I experienced as a child, and especially shared experiences with others, have become a part of me: they've become shared culture, even parts of our shared language. "The Christmas Song" ("Chestnuts roasting..."; still under copyright in the US for another ~15 years) is just as much a part of Christmas to me as "Angels We Have Heard on High" (public domain). Maybe a good example of this is the "Happy Birthday" song: that song is synonymous with birthdays to me and those I associate with -- if you have a birthday that song is sung, if you hear that song sung it must be somebody's birthday. Yet for the longest time it was excluded from movies, TV, radio, establishments, because somebody was thought to own the copyright for it. It was part of our shared language and experience as much as aspirin or kleenex or thermos (genericized trademarks). Similarly, "hobbit" means the same thing as "halfling" to me, but don't use the word in a published work. Eventually copyrighted works seem to become pretty genericized, much quicker than ~100 years, yet their protection remains.
Disney's Snow White is about as old now as the Brothers Grimm version was when Disney's was made. I'm not allowed to make derivative works of Disney's version; should Disney have been disallowed from making it because elements of the story were "so recent"?
Obviously people should be able to profit from their own work, but I think the "shared culture/language" aspect is a decent argument that the public has an interest that counterbalances the interests of authors/creators.
This probably seems unlikely, but it's the flipside of exceptionally long copyrights, especially ones held by corporate interests who hire lawyers specifically to enforce copyright. The growth of AI is only going to make this more of a problem in the future. Imagine a ContentID like system but on the concepts and themes of works.