Copyright in the US (and via the Berne Convention and other lobbying, worldwide) has been increasingly extended over the years, often following the impending expiration of the Steamboat Willie copyright, and it has done so in the face of a 20th century that knew much shorter terms (and which led to works such as Pinocchio being used by companies such as Disney after they expired into the pubic domain). As a result of this, we’ve lost the rich ecosystem that creative works grew from, the back-and-forth, parody and reference and re-imagining that existed in previous generations.
The time extension of copyright, from 14 to 28 to “75 years or life of the author plus 50 years” to the current “95 years or life of author plus 70 years” has been a rapid expansion that has swallowed many creative works, and, combined with automatic copyright, has effectively ended a long-rich and held system of creations that could reference near-contemporaries in their works beyond the scope of parody or (often disputed fair use). What was a rich environment is now a rather dry landscape.
The ramifications of this have been many, but one of the most striking has been preservation – with works whose corporate or anonymous creators are undetermined, there is very little incentive to phone number library invest in their upkeep and maintenance, meaning that many early works tend to disappear in percentages that are heartbreaking for their size: half of all American films made before 1950 and over 90% of films made before 1929 are lost forever [cite].
That excellent copies of Steamboat Willie still exist are owed mostly to Disney’s own efforts to keep their materials under control and locked down for nearly a century. Steamboat’s fellow members of the Class of 1928 will not, ultimately, be so lucky. Each successive year of items released into the public domain will have a few “stars” to make the news and receive the artistic references that Mickey is getting this month – but hundreds, maybe thousands of works from the same year may never again see the light of day.
So, let us celebrate this temporary oasis in a truly barren landscape, and work, through preservation and protection for libraries and archives, to ensure each year is a more exquisitely complete and maintained ecosystem.
Instead, a few words about the creative ecosystem
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