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Alternative 2009 Copyright Expirations

Posted by kdawson on from the world-of-what-if dept.

jrincayc writes "It's nearly the end of 2009. If the 1790 copyright maximum term of 28 years was still in effect, everything that had been published by 1981 would be now be in the public domain — like the original Ultima and God Emperor of Dune — and would be available for remixing and mashing up. If the 1909 copyright maximum term of 56 years (if renewed) were still in force, everything published by 1953 would now be in the public domain, freeing The City and the Stars and Forbidden Planet. If the 1976 copyright act term of 75* years (* it's complicated) still applied, everything published by 1934 would now be in the public domain, including Murder on the Orient Express. But thanks to the Sonny Bono Copyright Term Extension Act, nothing in the US will go free until 2018, when 1923 works expire." Assuming Congress doesn't step in with a Copyright Extension Act of 2017. What are the odds?

4 of 427 comments (clear)

  1. Re:What did you expect? by praksys · · Score: 4, Informative

    The case was ELDRED V. ASHCROFT. Lawrence Lessig (and others) pointed out that the constitution only allows copyrights to be granted "for a limited time". SCOTUS responded that they couldn't give a shit what the constitution says. The decision was 7-2 so it's highly unlikely that the court will change it's mind anytime soon.

  2. Re:What did you expect? by DoofusOfDeath · · Score: 5, Informative

    Lawrence Lessig argued that before the SCOTUS, and they wouldn't buy even that basic point, IIRC.

  3. Re:What did you expect? by Anonymous Coward · · Score: 4, Informative

    SCOTUS responded "On paper, it is limited - we don't care if Congress keeps changing the limit."

    While I disagree with the decision, it's not QUITE the same thing as "[we] couldn't give a shit what the constitution says."

  4. Copyright extension act by ommerson · · Score: 4, Informative

    Sonny Bono's main argument in favour of the Copyright Extension Act hinged on providing a retirement fund for composers. So, it's somewhat ironic that killed himself by wrapping himself around a tree whilst skiing only a few years later.

    Cliff Richards acted as a figurehead for a campaign in the UK to lengthen the copyright term on sound recordings [1] using similar arguments. If only...

    [1] Very unsuccessfully - not least because some of his recordings were about to go out of copyright and the perception that he already had quite enough money.