Re: Some Thoughts on Copyright Term

From: Tyler Ochoa <tochoa[_at_]LAW.WHITTIER.EDU>
Date: Wed, 11 Nov 1998 14:27:24 -0800

On 11/10/98, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> On Fri, 6 Nov 1998, Lance Purple <lpurple[_at_]netcom.com> wrote:
> >
> > Look at Disney, the ones who screech the loudest for copyright
> > term extensions to keep their early works out of public domain.
> > The first six animated films Walt ever made in 1922 were based
> > on public domain stories from "Kinder- und Hausmarchen" (1918)
> > by the Brothers Grimm.
> >
> > And Disney has kept at it. Here is a list of all 36 videos in
> > their "Disney Classic" series, with asterisks next to the 40%
> > of them which are based on public domain works.
> >
> > * Snow White and Seven Dwarfs (Classics #1)
> > * Pinocchio (Classics #2)
> >
> [snip]
> >
> > The arts are NOT a zero-sum game, and when entities like Disney
> > have profitted so immensely from the public domain, they have
> > an obligation to give materials BACK to the public domain.
>
> Disney's profits flow from considerable investment of
> money, time, and creativity. Their retelling of classics is unique.
> Why should their opportunity (and yours) be cut short?

The Brother's Grimm's retelling of those classics was also unique, and the product of an investment of money, time and creativity. Disney was able to use someone else's creativity for free because it had entered the public domain, but Disney is unwilling to allow its own works to enter the public domain. I don't ask that Disney's opportunity be "cut short"; only that it be limited to the amount of time promised when they created it [56 years for the older works].

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Wed Nov 11 1998 - 22:30:30 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:33 GMT