You’ve probably heard several stories recently about 1923 and the Public Domain. That’s not a 60’s pop-rock group but an interesting piece of the media puzzle.
It begins with copyright, which are the laws that protect the work of creators. The laws vary from country to country. In the United States any original works of authorship, which are in some tangible form, ranging through music, literature, drama, art or any other intellectual form, published or not, has protection. You need to have permission and might have to pay for the right, to use someone else’s copywritten work. U.S. law on the subject dates back to 1790, based on English law from 1710.
But copyright protection only lasts for so long. Exactly how long that protection lasts is a complicated issue, because Congress has changed the rules several times in the last 50 years. It may be as little as 70 years after the death of the creator, or could stretch as long as 120 years after the creation of “works for hire”. However long the protection lasts, the work eventually moves into the “public domain”. That means that anyone can use it, without permission or fee.
So why doesn’t the creator and/or their heirs retain the rights forever? Because in the end, our culture and our economy benefit from general access to these works.
Let’s take an example. Romeo and Juliet by William Shakespeare. (Yes, I’m aware it’s from before the first copyright law, but let’s use it for the sake of the discussion). If this remained in the estate of William Shakespeare in perpetuity, all the works inspired by the story, the ballets, the movies, the books, the songs, et cetera, might not have been created. If the estate decided not to license the use or placed an exorbitant price on the license, those works disappear. Instead, we have an enormous number of works that grew from the original. When I googled the phrase “works based on Romeo and Juliet” it returned 105 pages of titles in plays, films, and ballets.
Beyond that, there is the historical value of being able to copy materials without cost. Because we can’t find the copyright owner of many films from the 1910s and ‘20s we lost most of these “orphan films”. The law prohibited curators and historians from restoring them. Now the original film has disintegrated.
In the end, we all benefit from works moving into the public domain. So we should greet the news that things are leaving copyright again with open arms.
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