We jumped away from "free market principles" the moment we forbade copying of those past Futurama episodes for 90 years. There is nothing naturally scarce about copies of creative works; we impose artificial scarcity through a government-granted monopoly in order to allow the creation of those works to be funded through the sale of copies[0].
Having a government commission decide what is and isn't a reasonable price does smell of command economy, but creative works already exist in a command economy. The only difference is that you can't Disney Vault your shit anymore. Boo hoo. In my opinion, once you've sold your work, recouped costs, and paid everyone, you shouldn't be able to then pull the coin out of the vending machine and take works off the market. We give monopoly rights in exchange for creative works being made and publicly available, not for them to be made and then thrown into a fire.
My personal opinion as to how to fix this problem would be to authorize the Copyright Office to issue compulsory licenses to reproduce works that are over 10 years old and either are orphan works[1] or whose known owners are unwilling to license[2]. These licenses would only be issued to libraries - i.e. either government-run libraries or non-profit agencies with substantially similar goals to one, such as the Internet Archive. And if someone can actually assert both ownership and a pattern of ongoing licensing then they can cancel the compulsory licenses that the libraries get.
We can actually determine what a 'willing license' would look like by looking at comparable deals in a particular market. If whoever owns Futurama wants to charge $10,000 a view but Disney is licensing The Simpsons and Family Guy out to Netflix for a few pennies per view, then we can safely conclude that the $10,000/view price is there just to keep the work off the market. We don't need the Copyright Office to say "anything more than $X per stream is too much."
[0] This is not the only way that creativity could be funded, of course. But it's the only way that mainstream buyers of creativity are willing to participate in.
[1] Works whose current ownership is unable to be determined. A lot of the games that are legally unavailable in the VGHF study are unavailable because the owners went out of business and the rights are tied up between four different creditors who all don't know what they own.
Having a government commission decide what is and isn't a reasonable price does smell of command economy, but creative works already exist in a command economy. The only difference is that you can't Disney Vault your shit anymore. Boo hoo. In my opinion, once you've sold your work, recouped costs, and paid everyone, you shouldn't be able to then pull the coin out of the vending machine and take works off the market. We give monopoly rights in exchange for creative works being made and publicly available, not for them to be made and then thrown into a fire.
My personal opinion as to how to fix this problem would be to authorize the Copyright Office to issue compulsory licenses to reproduce works that are over 10 years old and either are orphan works[1] or whose known owners are unwilling to license[2]. These licenses would only be issued to libraries - i.e. either government-run libraries or non-profit agencies with substantially similar goals to one, such as the Internet Archive. And if someone can actually assert both ownership and a pattern of ongoing licensing then they can cancel the compulsory licenses that the libraries get.
We can actually determine what a 'willing license' would look like by looking at comparable deals in a particular market. If whoever owns Futurama wants to charge $10,000 a view but Disney is licensing The Simpsons and Family Guy out to Netflix for a few pennies per view, then we can safely conclude that the $10,000/view price is there just to keep the work off the market. We don't need the Copyright Office to say "anything more than $X per stream is too much."
[0] This is not the only way that creativity could be funded, of course. But it's the only way that mainstream buyers of creativity are willing to participate in.
[1] Works whose current ownership is unable to be determined. A lot of the games that are legally unavailable in the VGHF study are unavailable because the owners went out of business and the rights are tied up between four different creditors who all don't know what they own.