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Mark Helprin: Seventy years after I'm dead is not enough

If I were still in law school (and not post-call on the trauma service), this article from the novelist and occasional current-affairs commentator Mark Helprin would have provoked a long post many days ago: A Great Idea Lives Forever. Shouldn’t Its Copyright?

Helprin makes the provocative, because so seldom-heard, argument that copyright terms extending to 70 years after the death of the author just aren't long enough:

Congress is free to extend at will the term of copyright. It last did so in 1998, and should do so again, as far as it can throw. Would it not be just and fair for those who try to extract a living from the uncertain arts of writing and composing to be freed from a form of confiscation not visited upon anyone else? The answer is obvious, and transcends even justice. No good case exists for the inequality of real and intellectual property, because no good case can exist for treating with special disfavor the work of the spirit and the mind.
This argument deserves a reasoned refutation instead of (in addition to?) a dismissive guffaw. Helprin has wandered off into cuckoo-land here, and if I weren't so sleep-deprived, I'd tell you now why I think so.

But alas, wisdom demands that I grab a beer, curl up in bed with my book for half an hour, and go to sleep. I'm back in the hospital again tomorrow....

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