The following is a short and unexpected rant about copyrights. Enjoy.
During a work’s copyright term, the author may control the publishing of his work. Once the term expires, the work falls into the public domain, and the author loses the right to control distribution. Copyright gives the author a monopoly on the production of the work, which allows him to earn rents on it.
If there were no copyright, others would simply copy the work and distribute it at a much lower cost, eliminating the author’s profits and thus making it impossible for him to earn a living by writing/composing/etc. During the copyright term, society pays a higher price for the work, so distribution of it is limited. But if there were no copyright, the work would never have come into existence, because the author wouldn’t have had the financial incentive to make it in the first place.
At some point the copyright term ends. Multiple publishers may now produce the work, and they compete for the market by lowering prices. Society now wins by being able to obtain the work at a lower price (average cost, even). But we’ve got a dilemma — on the one hand, a longer copyright term will create more rents for authors, and induce them to create more works. On the other hand, a shorter copyright term will put a greater share of recent works into the public domain, giving more people access to them. The tradeoff is between amount of works and the availability of them.
A caveat with this simple tradeoff: works of art tend to inspire other works of art. Having an overly long copyright term won’t necessarily cause authors to make more works — by limiting the availability of art, it could stifle creativity and result in fewer works being created.
As a society, then, where do we draw the line? What kind of copyright term length is just right? We want to maximize the amount of art created while ensuring that eventually this art gets widely distributed. Would the right term length be 20 years after the work is created? 40 years? The life of the author?
Surely it wouldn’t be longer than the life of the author. After all, would you really be a more prolific writer if I told you that you could earn profits from your works in the years beyond your death? Yes, these profits would go to whomever you assigned them — probably your family. But would that really alter your artistic calculus?
No, I say, it wouldn’t. If we extended the copyright term beyond your death, you would create the same amount of art, and yes, your family might end up richer. However, during these additional years of copyright protection, society would lose out. Fewer people would have access to your work, which would make society poorer in and of itself. Furthermore, fewer people would be inspired by your work to create new pieces of art. Society would be made poorer again.
It shouldn’t come as a surprise, then, that the current copyright term in the United States is the life of the author, plus 70 years. This situation is absurd. Copyright term lengths which extend beyond the lifespan of the author provide society with few benefits (by not increasing the amount of art) and heavy costs (stifled availability of art, fewer new works.)
The creation of the Internet makes these costs even more acute. Copying works of the public domain costs almost nil when it is done electronically, making distribution incredibly easy. Public domain works are for more available than ever before.
Yet the copyright term in the United States keeps getting longer. For decades now, Congress has voted to ensure that no new copywritten works fall into the public domain. In 1976, they voted to make copyright last the life of the author plus 50 years, and in 1998 they extended it to the life of the author plus 70 years.
I could accept that we might feel bad for the spouse of a deceased artist, and say that we will extend copyright for a short period beyond death. Life plus 50 years seems a bit much for me, but in order to comply with the Berne Convention, we must make it that long (although we did not sign the Berne Convention for more than a decade after the 1976 extension.) However, there is absolutely no reason to make it life plus 70. No reason, except that media companies contribute heavily to our Congressmen and Congresswomen, and it is media companies which earn profits from ancient creative works.
Blame Mickey Mouse, copyright 1928.