Cutting copyright down to size

By Alex Singleton | 14 July 2005

Few authors would be able to sit at home for most of their adult life writing books if there was no copyright on their work. But it may be that the current lengths of copyright protection reduce rather than encourage creativity. At the very least, it is clear for everyone to see that the current durations of copyright protection are longer than necessary to foster new content.

Copyright length varies between countries. Here's the blurb from the UK Patent Office:

Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings are generally protected for 50 years from the year of publication. Broadcasts are protected for 50 years and published editions are protected for 25 years.

The Economist reported that in June the UK suggested it may extend its copyright term for sound recordings from 50 years to around 90 years.

In the US, Reason magazine details that:

At the dawn of the republic, copyrights lasted for just 14 years and could be renewed for another 14. This period has been gradually extended, especially lately: It has been lengthened 11 times in the last 40 years, most recently by the Sonny Bono Copyright Term Extension Act of 1998.

Before the Bono Act, new or recent works copyrighted by individuals were protected for life plus 50 years. Afterward, protection lasted for life plus 70 years. Corporate-owned copyrights were also extended by two decades, to 95 years, as were all copyrights for works produced before 1978.

So we have seen in both countries increasing copyright lengths, notably because of pressure from corporations like Disney. At stake was the copyright on Mickey Mouse. Mickey was due to go into the public domain in 2004. But can anyone really say that Disney would stop creating new characters without 70 year copyright terms?

It could be that reducing copyright lengths would lead to more creativity. It would spur some producers, no longer able to live off very old content, to increase their creativity and innovation. We would benefit from derivative works, such as remixed music and inde cartoon books. We would see internet repositories of classic movies that have been long forgotten. More out of print books would be legally downloadable from the internet. Peer to peer file sharing programs would let users download 60s and 70s music free of charge.

In other words, cutting copyright down to size would lead to more content and more creativity at less cost.