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All Of These Works Should Be In The Public Domain, But Aren't

Posted by BernardSwiss on · 7 comments
Techdirt; By Mike Masnick
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Every year for the past few years, the good folks at Duke's Center for the Study of the Public Domain have put up a list of works that should have gone into the public domain on January 1st had Congress not massively expanded the law. Each year, it's a depressing look at what works should be in the public domain. As a reminder, when these works were created, the creators knew the terms under which they were created and knew that they would have gone into the public domain by now -- and they found that to be more than enough incentive to create those works.

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Comments (7)

It is important to keep in mind that the original reasoning for legislating Copyright in these United States, was to create a modern Library of Alexandria.

Every ship that sailed into Alexandria, Egypt, was required to give up any books that were on board to the Library in order that they be copied (if the library didn't already have one). That's why the Library was so extensive and important.

The original reasoning in favor of the monopoly "Copyright" in these United States was that the Copyright restriction would exist for only a limited time. 7 years and 7 more if an additional application was filed, AND a copy of the work MUST be sent to the Library Of Congress. At the end of that time, all such works would then be both in the Public Domain, AND a copy would be available at one place where anyone could go and copy it.

The absurdities of Copyright as it is enforced now violate every reason for having it at all. Public Domain works can be taken back under Copyright, which is simply evil. Not only is it effectively perpetual, application is automatic for EVERYTHING and requires no registration with the Library of Congress at all.

Copyright is now a tool for locking away information.
> The absurdities of Copyright as it is enforced now violate every reason for having it at all...

And since the Constitution states the reason for copyright's existence in the text, the current laws that break that reason are blatantly unconstitutional, regardless of the proclamations of the Supreme Court. :(

Which leaves civil disobedience as the only real option.

In the Age of Sail, Steam, and Telegraph, 14 years or 28 years was considered sufficiently long a commercial monopoly to provide the author (or other "rights holder") incentive to publish their work.

In today's modern world of mass transport, mass media, and global banking, with rapid mass production, mass dissemination, advertising and sales, how can such far longer times be reasonably considered necessary to provide sufficient incentive and/or to achieve reasonable commercial return?
The Copyright Issue needs to be taken to the Courts. Legal Firms need to be solicited Pro Bono.

The Start can be as simple as breaking Unlawful Restraints with a Citizens Order statement (including legal argument) and have the Pro Bono firms back that up in Court when written property is seized unlawfully ... do that all the way to the Supreme Court. Then, if the Justices legislate from the bench, complain to the public at large. Okay, now lets start now and Protect the Constitution of the USA from those thieves -- Mark
Last I heard, copyright of text, music, etc, has now been pushed to 75 yrs AFTER the originator's death.
> Last I heard, copyright of text, music, etc, has now been pushed to 75 yrs AFTER the originator's death.

And when the Mouse reaches that point, it'll be extended again. :(
Quoting: And when the Mouse reaches that point, it'll be extended again. :(


Which is ridiculous, since I'm pretty sure that Disney has trademarked just about every frame of Steam Boat Willie (Ever notice that it's now used in conjunction with Cinderella's castle in the pre-opening credit part of Disney movies???)...

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