A Bloomberg article<http://www.bloomberg.com/news/2012-11-29/a-free-market-fix-for-the-copyright-racket.html>about the RSC's pulled copyright reform report just got me thinking...
Back in 1998, almost 14 years ago, Congress passed the Mickey Mouse Sonny Bono Copyright Term Extension Act<http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act>, which took all works then covered under copyright in the United States and retroactively tacked another 20 years of monopoly before they would reach the public domain. Works that would have reached the public domain in 1998 got a stay of execution from the hands of *the public* –* those unwashed* *masses* – until a date far, far in the future, 2018. *Wait - that's like six years away! That's pretty soon!* We haven't talked much about copyright term extension since Larry Lessig lost us <http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp> *Eldred v. Ashcroft<http://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp> * and got these retroactive copyright term extensions enshrined as constitutional as a side effect. So now, for copyrighted works to enter the public domain, Free Culture advocates really have only one form of recourse, blocking term extensions. We don't know when this extension movement will begin (its early stages are likely being planned now), but we know it's inevitable. Consequently, we should begin to prepare our counter-argument now so we're ready when it comes. Who knows, we may soon have a strong base of support on the right<http://www.bloomberg.com/news/2012-11-29/a-free-market-fix-for-the-copyright-racket.html> (which will have the delicious side effect of causing Democrats like me an existential crisis), which would bring some serious firepower to the fight. Otherwise, the 115th Congress might be the one to realize Sonny Bono's dream, as so eloquently put by his widow, Mary Bono on the floor of the House of Representatives<http://www.gpo.gov/fdsys/pkg/CREC-1998-10-07/pdf/CREC-1998-10-07-pt1-PgH9946.pdf#page=7> back in 1998: Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. I invite all of you to work with me to strengthen our copyright laws in all of the ways available to us. As you know, there is also Jack Valenti’s proposal for term to last forever less one day. Perhaps the Committee may look at that next Congress. -- David W. Riordan -- mobile: 203.521.1222 | im: daveriordan | email: [email protected] | @riordan <http://twitter.com/riordan> | http://magicschoolb.us
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