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2018 Is the Last Year of America's Public Domain Drought (vice.com)

An anonymous reader shares a report: Happy Public Domain Day, every-some of you! In New Zealand and Canada, published works by artists who died in 1967 -- Rene Magritte, Dorothy Parker, John Coltrane, and many others -- have entered the public domain; Kiwis and Canadians can now freely distribute, perform, and remix a wealth of painting, writing, and music. In Europe, work published by artists who died in 1947 are now public domain. In the United States, well, we get nothing for the 20th year in a row, with one more to go. Our public domain drought is nearly old enough to drink. American copyrights now stretch for 95 years. Since 1998, we've been frozen with a public domain that only applies to works from before 1923 (and government works). Jennifer Jenkins is a clinical professor of law at Duke Law School, which hosts the Center for the Study of the Public Domain. In an email she explained what changed and why nothing has entered American public domain for two decades. "Until 1978, the maximum copyright term was 56 years from the date of publication -- an initial term of 28 years, renewable for another 28 years," she wrote. "In 1998, Congress added 20 years to the copyright term, extending it to the author's lifetime plus 70 years, or 95 years after publication for corporate 'works made for hire.'"

4 of 275 comments (clear)

  1. Re:PROPERTY by Waffle+Iron · · Score: 4, Informative

    well, then I will only be rewarded for a brief period.

    No, you are supposed to be rewarded for a brief period. The US Constitution plainly states that; it's not just the article's author's opinion. The Constitution even points out that the *purpose* of depriving people of their natural rights to copy things they see for a limited period of time is to enhance the public domain.

    However, with the current unconstitutional laws in effect, you are rewarded for an absurdly long period, until long after you and probably your children are dead. So you can stop your bitching and whining. You got what you wanted.

  2. Re:"clinical professor of law" by Jeremy+Erwin · · Score: 5, Informative

    A clinical professor is a professor that is hired for professional expertise and practical experience. Usually clinical professors supervise a school's clinic, which provide low-cost or free (legal, medical, dental) advice to needy clients. Upper level students provide the labor, and in return, get some practical experience.

  3. Disney and protecting the Mouse by elrous0 · · Score: 4, Informative

    For those who don't get the Disney reference, the implication is that the 1998 Copyright Extension Act (sponsored by Hollywood-owned Congressman Sono Bono), was really the brainchild of Disney, as part of an ongoing effort to keep their earliest cartoon and cartoon characters (most notably Mickey Mouse) from ever entering the public domain. Disney was also suspected by many to be behind the Copyright Act of 1976, which had extended the term previously. Steamboat Willie, the first cartoon featuring Mickey Mouse, was created in 1928 and, with each of these new laws, always stays just outside of ever entering into public domain.

    Here is an interesting article on the subject.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  4. Re:PROPERTY by arth1 · · Score: 5, Informative

    However, with the current unconstitutional laws in effect, you are rewarded for an absurdly long period, until long after you and probably your children are dead.

    Part of the problem here is that copyrights are transferable and can be owned by corporations. The original copyright holder quickly loses his rights, if he even held them in the first place, and people with no affiliation whatsoever to the works or the artist gets to reap the benefits.

    Make copyrights non-transferable from the actual creator(s), and only licensable for no longer than 5 years at a time.
    If a corporation wants to continue using a creation, they need to continue to compensate the creator, until the work falls into public domain.