Public domain, where there is life after copyright; CBS News, Sunday Morning, April 14, 2024

Lee Cowan , CBS News, Sunday Morning; Public domain, where there is life after copyright

"Jenkins said, "The public domain doesn't represent the death of copyright. It's just the second part of copyright's life cycle."

The concept of putting an expiration date on intellectual property was something the founding fathers actually put in the U.S. Constitution, "...to promote the progress of science and the useful arts." They left it to Congress, however, to decide just how long copyright terms should last...

Duke University's Jennifer Jenkins said, "Copyright gives rights to creators and their descendants that provide incentives to create. But the public domain really is the soil for future creativity."

There are surely more copyright clashes ahead. Characters like Bugs Bunny, Superman and Batman will all find themselves out of copyright protection soon enough.

Even Luke Skywalker will eventually find himself in the public domain, too, sometime around 2073. That sure seems like a galaxy far, far way."

Disney loses famous Mickey Mouse copyright in 2024, along with many others; CBS News, December 30, 2023

CBS News ; Disney loses famous Mickey Mouse copyright in 2024, along with many others

"Copyright protections on many well-known books, films and musical compositions are set to expire in 2024. Disney's Mickey Mouse is getting a lot of attention as one famous iteration of the classic mouse is set to enter the public domain. CBS News' Jo Ling Kent has the story."

Canada enters a public domain pause as copyright laws change to match other nations; CBC, January 7, 2023

Joseph Pugh , CBC; Canada enters a public domain pause as copyright laws change to match other nations

No additional content will be added to the public domain in Canada until 2043

"When the copyright on a work expires anyone is free to use it without needing to seek permission. This is known as public domain. In Canada, copyright laws meant that books, films, songs or other works entered public domain 50 years after the death of the creator.

But last week, the country updated those laws, tacking on an extra 20 years, so works don't enter the public domain until 70 years after the creator's death. This means additional content will not enter the public domain in Canada until at least 2043. So the copyright on the works of fantasy author J.R.R. Tolkien, who died in 1973, will now expire in 2043, meaning the Lord of the Rings trilogy and many of his other works will become public domain on Jan. 1, 2044. 

The change brings Canada in line with other jurisdictions that lengthened their copyright terms decades ago. Some artists and creative unions welcome the change, while others feel the duration hampers public access to artistic works."

Canadian copyright protection term extended to 70 years; Lexology, January 3, 2023

Gowling WLG - Stéphane Caron and Kasia Donovan, Lexology; Canadian copyright protection term extended to 70 years

"Last year, Bill C-19, the Budget Implementation Act, 2022, No.1, received Royal Assent. The bill included amendments to the Copyright Act to extend the term of copyright protection for literary, dramatic, musical, and artistic works from 50 years to 70 years, after the end of the calendar year of the author's death. These amendments came into force on Dec. 30, 2022...

The decision to extend the term of copyright protection fulfills one of Canada's commitments under the Canada-United States-Mexico Agreement (CUSMA)...

By extending the term of copyright protection from 50 to 70 years, Canada will be in line with many of its major trading partners, including: the United States, United Kingdom, Japan and the European Union."

Canada Steals Cultural Works From The Public By Extending Copyright Terms; TechDirt, November 29, 2022

Mike Masnick, TechDirt ; Canada Steals Cultural Works From The Public By Extending Copyright Terms

"Canada has quietly done it: extending copyrights on literary, dramatic or musical works and engravings from life of the author plus 50 years year to life of the author plus 70 years.

Quietly on November 17, 2022, and appearing online this morning, an Order in Council was issued on behalf of Her Excellency the Governor General, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage to fix December 30, 2022 as the day Bill C-19, Division 16 of Part 5 comes into force. What does this all mean? With the passing of Bill C-19 this past June, the Copyright Act was amended to extend the term of copyright for literary, dramatic or musical works and engravings to life of the author plus a period of 70 years following the end of the calendar year in which that author dies. What was unclear at the time of royal assent was WHEN exactly this would come into force — if on or after January 1, 2023, one more year of works would enter the public domain. Unfortunately, we now know that this date has been fixed as December 30, 2022, meaning that no new works will enter the Canadian public domain for the next 20 years.

This should be a huge scandal. The public has been stripped of its rights to share information for twenty years. Based on what? Literally nothing, but demands from heirs of deceased authors to continue to receive subsidies from the very public they just stripped the rights from.

It is beyond ridiculous that any country in the world is extending copyright in this day and age, rather than decreasing it."

Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself; Los Angeles Times, May 11, 2022

 HUGO MARTÍN, Los Angeles Times; Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself

"No legislation has been proposed to extend the copyright a third time, and copyright experts and lawmakers say it’s not likely that any legislators will want to lead that battle, given the opposition and fury it generated in the 1990s. Other companies’ copyrighted characters would also expire, sending more notable characters into the public domain. 

Disney critics say the company continues to have influence over copyright law, pointing to the recent naming of Suzanne Wilson as the general counsel and associate register of copyrights for the United States Copyright Office. She formerly oversaw intellectual property and interactive and media legal functions for Walt Disney Co.

Legal experts say the debate over copyright protection is moot because the only version of Mickey Mouse that is expiring is the 1928 black-and-white one depicted in “Steamboat Willie.” Copyright protections remain in place for later versions of Mickey Mouse, the more commercially recognized one that wears white gloves, has bigger ears, distinctive eyes and a pet dog named Pluto, according to experts.

Crucially, Disney also still holds trademark protection on Mickey Mouse, which does not expire. While a copyright keeps other companies from replicating the Mickey Mouse image, a trademark ensures that other companies can’t use the Mickey Mouse image in a way that might suggest their products are made by Disney."

The Lifecycle of Copyright: 1924 Works Enter the Public Domain; Library of Congress, February 20, 2020

Nicole Lamberson, Library of Congress; The Lifecycle of Copyright: 1924 Works Enter the Public Domain

"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.

The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”

Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.

On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."

The latest news on 'To Kill a Mockingbird' shows how big corporations control copyright law; Los Angeles Times, 3/14/16

Michael Hiltzik, Los Angeles Times; The latest news on 'To Kill a Mockingbird' shows how big corporations control copyright law:

"According to a March 4 notice issued by Hachette to booksellers and reported by the New Republic, permission for the mass-market edition has been withdrawn by the novel's publisher, HarperCollins. (HarperCollins also brought out "Go Set a Watchman.") Hachette can sell off its remaining copies, which it's doing at a further discount, but henceforth "Mockingbird" will be available chiefly in a HarperCollins trade paperback edition, which lists for $14.99.

The burden will fall on school districts that traditionally laid in a large volume of mass-market books for their pupils. Hachette says that more than two-thirds of the 30 million copies sold worldwide since publication have been its low-priced edition. Hachette told bookstores, according to the New Republic: "The disappearance of the iconic mass-market edition is very disappointing to us, especially as we understand this could force a difficult situation for schools and teachers with tight budgets who cannot afford the larger, higher priced paperback edition that will remain in the market."

The real problem this development points to is with copyright law, which has been getting consistently rewritten in the United States and other countries to extend the length of authors' rights to the point where their heirs, and heirs of heirs, are the chief beneficiaries of the copyright. But that's only superficially. The real beneficiaries are corporations, which continue to profit from successful works of art for decades after their creators have passed on. Corporations such as HarperCollins...

Yet as we can see from the extinction of the mass-market paperback of "Mockingbird," such extensions stifle the dissemination of creative works rather than encourage it. The squabble over the copyright to Anne Frank's diaries, which we reported on here, also illustrates how the grip of copyright law leaves the control of creative works in the hands of people who may not share the desires of the works' creators. Harper Lee has passed on, Anne Frank is long gone, and Walt Disney is represented in the marketplace by a corporation that is hopelessly far removed from his artistic and even his business creation."