Bill Stewart wrote:
> At 09:54 AM 01/20/2003 -0500, Trei, Peter wrote:
>> It dwindles because the rate at which the copyright period is increasing
>> averages more than 1 year/year. Quite a number of works which had
>> been in the public domain fell out of it when the 20 year extension went
>> into effect.
>>
>> The public domain *did* dwindle.
>
> Did anything that had already become public domain cease to be public?
I don't know about the US, but in the UK the answer is yes.
Copyright that had expired in works from the relevant period was "revived"
when copyright was "extended" in the UK, and the copyright of works still
due to expire was "extended". You can insist that a licence for works in
"revived" copyright be granted, and the owner cannot refuse, but there is no
mechanism to set the fee (a few years ago I had a big argument with Disney
about animating a work by Kipling {In the high and far-off times the
Elephant, oh best beloved, had no trunk....} in this category, but I'll
probably end up just waiting, not long now, and hope the period isn't
extended further).
In Europe the Germans extended their copyright first, in order to prevent
the publication of "Mein Kampf", whose copyright was running out (it's owned
by the Bavarian State - maybe. But that's another story. Google "mein kampf"
and copyright if interested. The US Govt. reportedly made $-many from the US
copyright, which they had seized, of "Mein Kampf" _during_ WWII).
Then the Germans wanted to extend the copyright, and thus the ban, in the
other EU countries.
In 1995 the EU agreed that any work in copyright in any EU Country should be
in copyright in _every_ EU country. The Brits agreed partly because "Peter
Pan" was in copyright in perpetuity in the UK, by Act of Parliament, with
the proceeds going to Gt. Ormond St. Children's Hospital - a cause that
politicians find it hard for to take anything away from - and the
alternative was to have a set period of copyright for everything, which
would take away the "Peter Pan" copyright. The Germans managed to get this
into UK/ EU law on the very day the "Mein Kampf" copyright would have
expired, 1st Jan 1996.
The official period of copyright remained 50 years in the UK, under the
previous Copyright, Designs and Patents Act (1988), but because things are
in copyright for 70 years in Germany, they are also in copyright in the UK
for 70 years.
(However I heard things have changed, the Brits got stiffed, the EU 70 years
is now law in the UK, and JM Barrie's copyright in Europe will expire soon
(as the UK Act that makes "Peter Pan" copyright in perpetuity will not
affect them). I might be wrong about that)
The Yanks just followed suit in extending the copyright period to 70 years,
as they had the copyright back catalogue anyway, and it meant more money for
them (there aren't any really valuble works whose copyright might have
expired in the relevant times that aren't owned by Yanks, mostly by
Silverlode (sp?) ( =Disney), except "Peter Pan" - the story concerning the
recentish film and the copyright thereof, the machinations surrounding it,
and the out-of-court not-really-a-settlement, is another interesting, but
overlong, story - and perhaps "Wind in the Willows", but I don't know
offhand who owns that one - might be the Bodleian).
At least that was the position a couple of years ago, but anything may have
happened since then, and plenty is about to happen.
--
Peter Fairbrother
