Copyright Term Reversion and the 'Use-It-Or-Lose-It' Principle

International Journal of Music Business Research (IJMBR) – ISSN 2227-5789 Issue 1, no. 1, April 2012

10 Pages Posted: 22 May 2012

See all articles by Martin Kretschmer

Martin Kretschmer

University of Glasgow - School of Law

Date Written: March 21, 2012

Abstract

This brief article makes an argument for the use of the legal technique of term reversion, as a means for bringing unexploited works back into use, and mitigating the undesirable effects of the excessive term of copyright protection. It is proposed to legislate a simple rule that copyright interests will be transferable only for an initial term of ten years, after which they will fall back to the creator. If carefully implemented, the rule is compatible with the current constraints of international and EU law. By stimulating artist led innovation, term reversion may also improve the financial position of creators.

Keywords: copyright, copyright term, term reversion

JEL Classification: O34, K11

Suggested Citation

Kretschmer, Martin, Copyright Term Reversion and the 'Use-It-Or-Lose-It' Principle (March 21, 2012). International Journal of Music Business Research (IJMBR) – ISSN 2227-5789 Issue 1, no. 1, April 2012 , Available at SSRN: https://ssrn.com/abstract=2063759

Martin Kretschmer (Contact Author)

University of Glasgow - School of Law ( email )

CREATe, School of Law
10 The Square
Glasgow, G12 8QQ
United Kingdom

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