I just finished reading The Phantom of the Opera recently and it’s been a lot of fun to compare the book to the musical. Both are great and we have both because someone was allowed to make a derivative work from the book. But it’s getting harder and harder to have this sort of cultural exchange as copyrights extend further and further.
Copyrights are there to protect creators and encourage creativity. The original intent was that you could make a reasonable amount of money off something you created for a period of time that seemed reasonable. The terms of copyrights and other details have changed over the years. At first you had to apply for one and then renew it after 14 years for a total of 28 years. Later treaties and conventions made copyright automatic (a good change), but over time, the length of copyright as grown and grown (arguably a bad change), especially as creative works began to come from corporations as much as people.
As it now stands, US copyright protects a work for the life of the author plus 70 years. So if someone has an awesome idea based on the works of today, then they’ll have to pay royalties and work out arrangements with the author or release it posthumously to our great great great grandchildren. But using today is a pretty bad example. I’d go backwards in time but copyright laws changed and that’s why we have things like Wicked based on the Wizard of Oz.
If they had the same laws in place we have now, we’d barely be getting things from Poe, Dickens, Tolstoy, and other late 1800s authors or early 1900s (assuming the usual 100 to 125 year amount the current laws usually extend to).
While it’s great for authors to get paid for the work they did, the current laws heavily favor companies or heirs that continue to hold the rights long after the authors are dead. Because of this, many argue that a shorter copyright term would be better and some argue that it would be better to open everything up (with certain rules) with things like the creative commons license. I’m in general agreement with this sort of thinking.
But the big question still remains. Who should profit from creative work and for how long? I feel that the people and companies who create the things we enjoy need to be encouraged and rewarded for their efforts and successes. By having the right system, we’ll be able to make sure creators enjoy the fruits of their work without stifling the creative dialogue made possible through derivative works.
Let’s look at some of the possibilities. If copyright was extremely short, say between 1 and 5 years, what would it encourage? With such limited time, you’d have to make it big before anyone could get and use your work. That certainly wouldn’t encourage creativity, although it would mean you could quickly see a new thing based on some character, world, or concept you love. There would some very fast-paced cultural dialogue with all the possibilities but the downsides would make new works less common.
If we extend out a bit more to 10 or 20 years, it means a more stable income for creators. You could enjoy sales on popular items for a decade or two and then derivative works would make it popular again for a new generation as your work starts to become free. It’s still not enough time to give a steady income for creators, though, so many of them still might turn their energy elsewhere.
Adding more decades gives the benefit of a stable and reliable income source to the creators but also means there’s less ability to make creative derivative works. I’d say the best area for balance would be either 50 years out or the lifetime of the author. Anything beyond that just seems to be handing out money to greedy companies or heirs. If the author made a popular work and wants to have their descendants or company benefit, then it seems like they could just save and pass on some of the profits they made on the work during their lifetime, rather than having the rights continue to live on through legal successions.
It’s interesting to think about what might be available if this were the case. Works like The Lord of The Rings or the Chroncles of Narnia, for example, would have been available for use years ago. Did leaving the heirs with the rights to these things make for better quality licensed works? What might have been made if anyone was free to try?
It’s always hard to say what might have been done when the laws prevented it from happening. But with our current copyright laws, are we protecting the creators? Or are we letting companies and heirs live off the work of people long dead? If works live on by being enjoyed and shared, then wouldn’t a shorter copyright make it easier for a work to spread to more people that love it? Or does making stuff free faster mean they’ll be considered worthless and forgotten sooner? If you could pick a famous creator alive now and have them do their take on something copyrighted, what would you choose? If we had shorter copyrights, such a combination might be a possibility. But for now, it only happens if the permission is given and royalty rates agreed on.