Our Sponsor Sideshow Collectibles Send us News
Lord of the Rings Tolkien
Search Tolkien
Lord of The RingsTheOneRing.net - Forged By And For Fans Of JRR Tolkien
Lord of The Rings Serving Middle-Earth Since The First Age

Lord of the Rings Movie News - J.R.R. Tolkien
Do you enjoy the 100% volunteer, not for profit services of TheOneRing.net?
Consider a donation!

  Main Index   Search Posts   Who's Online   Log in
The One Ring Forums: Off Topic: Off Topic:
Public Domain Day is back

Darkstone
Immortal


Jan 2, 6:28pm

Post #1 of 10 (400 views)
Shortcut
Public Domain Day is back Can't Post

https://law.duke.edu/...ublicdomainday/2019/

******************************************
The audacious proposal stirred his heart. And the stirring became a song, and it mingled with the songs of Gil-galad and Celebrian, and with those of Feanor and Fingon. The song-weaving created a larger song, and then another, until suddenly it was as if a long forgotten memory woke and for one breathtaking moment the Music of the Ainur revealed itself in all glory. He opened his lips to sing and share this song. Then he realized that the others would not understand. Not even Mithrandir given his current state of mind. So he smiled and simply said "A diversion.”


N.E. Brigand
Half-elven


Jan 2, 9:43pm

Post #2 of 10 (363 views)
Shortcut
Now can we have a rollback on the Disney extension? [In reply to] Can't Post

Adults now only live about 20 years longer on average than they did when the U.S. was founded, but as your linked article notes, copyright terms has ballooned from 28 years to as long as 95 years (even longer for works-for-hire). Cut it back to 56 years, as it was in 1978!

(And for better or worse, that could put The Lord of the Rings in the public domain.)


Treachery, treachery I fear; treachery of that miserable creature.

But so it must be. Let us remember that a traitor may betray himself and do good that he does not intend.


-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
<><><><><><><><><><><><><><><><><><><><>
Discuss Tolkien's life and works in the Reading Room!
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
How to find old Reading Room discussions.


sevilodorf
Grey Havens


Jan 2, 11:31pm

Post #3 of 10 (353 views)
Shortcut
But.... [In reply to] Can't Post

It seems only right and fair that the children/estate of an author or performer should be entitled to control and profit from their work....however that opens up the question of how many generations down do we extend the right.... It's an arbitrary line to be drawn in the sand.

Fourth Age Adventures at the Inn of the Burping Troll http://burpingtroll.com
Home of TheOneRing.net Best FanFic stories of 2005 and 2006 "The Last Grey Ship" and "Ashes, East Wind, Hope That Rises" by Erin Rua

(Found in Mathoms, LOTR Tales Untold)




Darkstone
Immortal


Jan 3, 3:34am

Post #4 of 10 (335 views)
Shortcut
Orphan works [In reply to] Can't Post

One the other hand lengthened copyright terms and automatic copyright renewal may prevent non-lucrative works from being preserved thus causing them to be lost forever.

******************************************
The audacious proposal stirred his heart. And the stirring became a song, and it mingled with the songs of Gil-galad and Celebrian, and with those of Feanor and Fingon. The song-weaving created a larger song, and then another, until suddenly it was as if a long forgotten memory woke and for one breathtaking moment the Music of the Ainur revealed itself in all glory. He opened his lips to sing and share this song. Then he realized that the others would not understand. Not even Mithrandir given his current state of mind. So he smiled and simply said "A diversion.”


N.E. Brigand
Half-elven


Jan 3, 5:11am

Post #5 of 10 (324 views)
Shortcut
Doesn't seem right and fair to me. [In reply to] Can't Post

And it didn't seem right to the people who first came up with the idea of copyright protection. Here's how Wikipedia describes the Statute of Anne, the first copyright law in England (1710):

"The central plank of the statute is a social quid pro quo; to encourage 'learned men to compose and write useful books' the statute guaranteed the finite right to print and reprint those works. It established a pragmatic bargain involving authors, the booksellers and the public."

And the United States Constitution (1787) says the purpose of copyright is: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

I suppose there may be a very few artists and inventors who would abandon their work if they knew their children wouldn't still profit directly from it decades after they were gone, but the bargain described above has--just in my lifetime--shifted dramatically in favor of those individuals against the good of the public.

Both the Statute of Anne and the first U.S. copyright law based on the Constitution set that limited times at 14 years, with possible extensions/renewals that brought the total to as long as 28 years. As previously noted, if you reached adulthood at that time, you could expect to live to age 55-60. Now life expectancy for an adult is 75-80. And U.S. copyright law until 1978 was just 56 years. It was because of the efforts of corporations, and particularly because Disney didn't want to lose control over Mickey Mouse (which is an ironic position for a company which had made a lot of money adapting works that had fallen into the public domain), that the term has been so drastically extended.

Also, to echo what Darkstone said, here's a passage from a recent New York Times article about how copyright law hurts the arts:


Quote
Still, many scholars and legal experts argue that American copyright law, which is mind-numbingly complex, has skewed toward enriching companies and the heirs of writers and artists at the expense of the public. ... “It’s worse than the tax code,” said Rebecca Tushnet, an intellectual property expert at Harvard Law School. “The copyright term is way too long now.”

Some studies show that extending copyright can actually have a negative impact on the sales and availability of books. A few years ago, Paul J. Heald, a law professor at the University of Illinois, used software that randomly sampled books available on Amazon, and discovered that there were more new editions of books published in the 1910s than from titles published in the 2000s. Publishers often stop printing books that aren’t selling, but still retain the copyright, so no one else can release new editions. Once the books enter the public domain, a wider variety of new editions become available again, filling in a hole in the public and cultural record.



Treachery, treachery I fear; treachery of that miserable creature.

But so it must be. Let us remember that a traitor may betray himself and do good that he does not intend.


-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
<><><><><><><><><><><><><><><><><><><><>
Discuss Tolkien's life and works in the Reading Room!
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
How to find old Reading Room discussions.


CuriousG
Half-elven


Jan 3, 12:17pm

Post #6 of 10 (286 views)
Shortcut
I dunno [In reply to] Can't Post

Copyright law primarily forces the public to pay to consume/enjoy an author's/artist's work. It doesn't hide things in vaults; quite the contrary. I don't see the public being "hurt" by having to pay for someone else's creativity.


NottaSackville
Tol Eressea


Jan 3, 1:27pm

Post #7 of 10 (281 views)
Shortcut
So when does The Hobbit become public domain? [In reply to] Can't Post

Published in 1937 in the UK, 1938 in the US.

I assume it's covered by UK copyright law, which is....?

Just based on Darkstone's linked article and the US publication date, seems like it would be 2034 here in the US. But I'm completely clueless whether US copyright law/public domain has anything to do with a work published originally somewhere else.

Happiness: money matters, but less than we think and not in the way that we think. Family is important and so are friends, while envy is toxic -- and so is excessive thinking. Beaches are optional. Trust is not. Neither is gratitude. - The Geography of Bliss by Eric Weiner as summarized by Lily Fairbairn. And a bit of the Hobbit reading thrown in never hurts. - NottaSackville


Darkstone
Immortal


Jan 3, 5:51pm

Post #8 of 10 (263 views)
Shortcut
Well [In reply to] Can't Post

The problem is with works where the ownership of the copyright is unclear or impossible to determine. In such cases the work could be unavailable until it goes into public domain. Or worse, all copies of the the work could be lost before it does.

******************************************
The audacious proposal stirred his heart. And the stirring became a song, and it mingled with the songs of Gil-galad and Celebrian, and with those of Feanor and Fingon. The song-weaving created a larger song, and then another, until suddenly it was as if a long forgotten memory woke and for one breathtaking moment the Music of the Ainur revealed itself in all glory. He opened his lips to sing and share this song. Then he realized that the others would not understand. Not even Mithrandir given his current state of mind. So he smiled and simply said "A diversion.”


N.E. Brigand
Half-elven


Jan 3, 8:02pm

Post #9 of 10 (249 views)
Shortcut
And does it depend on which edition? [In reply to] Can't Post

Will the version of The Hobbit in which Gollum promises to give Bilbo the Ring as a present if he wins the riddle contest fall into the public domain before the version in which Gollum promises to show Bilbo the way out as his prize?


Treachery, treachery I fear; treachery of that miserable creature.

But so it must be. Let us remember that a traitor may betray himself and do good that he does not intend.


-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
<><><><><><><><><><><><><><><><><><><><>
Discuss Tolkien's life and works in the Reading Room!
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
How to find old Reading Room discussions.


NottaSackville
Tol Eressea


Jan 3, 10:22pm

Post #10 of 10 (227 views)
Shortcut
Good point! // [In reply to] Can't Post

 

Happiness: money matters, but less than we think and not in the way that we think. Family is important and so are friends, while envy is toxic -- and so is excessive thinking. Beaches are optional. Trust is not. Neither is gratitude. - The Geography of Bliss by Eric Weiner as summarized by Lily Fairbairn. And a bit of the Hobbit reading thrown in never hurts. - NottaSackville

 
 

Search for (options) Powered by Gossamer Forum v.1.2.3

home | advertising | contact us | back to top | search news | join list | Content Rating

This site is maintained and updated by fans of The Lord of the Rings, and is in no way affiliated with Tolkien Enterprises or the Tolkien Estate. We in no way claim the artwork displayed to be our own. Copyrights and trademarks for the books, films, articles, and other promotional materials are held by their respective owners and their use is allowed under the fair use clause of the Copyright Law. Design and original photography however are copyright © 1999-2012 TheOneRing.net. Binary hosting provided by Nexcess.net

Do not follow this link, or your host will be blocked from this site. This is a spider trap.