Slashdot Mirror
The Woman Who Established Fair Use
The Narrative Fallacy writes "The Washington Post has an interesting profile on Barbara A. Ringer, who joined the Copyright Office at the Library of Congress in 1949 and spent 21 years drafting the legislation and lobbying Congress before the Copyright Act of 1976 was finally passed. Ringer wrote most of the bill herself. 'Barbara had personal and political skills that could meld together the contentious factions that threatened to tear apart every compromise in the 20 year road to passage of the 1976 Act,' wrote copyright lawyer William Patry. The act codified the fair use defense to copyright infringement. For the first time, scholars and reviewers could quote briefly from copyrighted works without having to pay fees. With the 1976 act that Ringer conceived, an author owned the copyright for his or her lifetime plus 50 years. Previously under the old 1909 law, an author owned the copyright for 28 years from the date of publication and unless the copyright was renewed, the work entered the public domain, and the author lost any right to royalties. Ringer received the President's Award for Distinguished Federal Civilian Service, the highest honor for a federal worker. Ringer remained active in copyright law for years, attending international conferences and filing briefs with the Supreme Court before her death earlier this year at age 83. 'Her contributions were monumental,' said Marybeth Peters, the Library of Congress's current register of copyrights. 'She blazed trails. She was a heroine.'"
Previously under the old 1909 law, an author owned the copyright for 28 years from
the date of publication and unless the copyright was renewed,
the work entered the public domain, and the author lost any right to royalties.
That seems a hell of a lot more fair than the in perpetuity that we have now.
We really should go back to that or life of the author or 20 years which ever comes later.
The Navy Motto "IF it ain't broke Fix It" "A day is wasted if you don't learn something new"
Cornell University Law School is your friend when you want to find out about things like this--they have the U.S. Code available online.
In particular, 17 USC 302 is edifying. Copyright in works for hire persists for 95 years from first publication, or 120 years from creation, whichever comes first. If it's not a work for hire, then it's life of the author + 70 years. Older works (first published prior to 1978) are covered under different provisions.
You do know that life + 70 (the current term in the US, as of the 1998 Sonny Bono Act) only applies to the life of the original creator, right? It has no relevance to the lifetime of a corporation; even if the rights are transferred to a corporation, copyright still expires 70 years after the death of the original author.
For works that are created by corporations (i.e. works-for-hire), copyright lasts for 95 years after publication.
Not that I don't agree with you; copyright extension is awful, and I personally wish it were possible to revert copyright to 28+28 or even the original (1790 Copyright Act) term of 14 years + a 14 year renewal. But you should check your facts.