Sometimes people ask me how long copyright protection lasts. The answer is a very long time. Some say too long.
In Australia, copyright lasts for the life of the creator plus 70 years for literary, dramatic, musical and artistic works. If a work is anonymous (i.e. we don’t know who the creator is) then copyright protection lasts for 70 years after the work is first made available to the public.
For sound recordings and cinematograph films, copyright protection lasts for 70 years after the recording or film is first made available to the public. For published editions, copyright lasts for 25 years after the edition is first published.
I told you it was a long time! (In fact, did you know that your copyright interest is something that you can pass down to your children or other beneficiaries in your will?)
Photo by James Kendall, licensed under Creative Commons BY-ND 2.0
That’s why copyright notices like “© Kylie Pappalardo 2014” can be helpful. Once you know who created the work and when it was made, you can figure out when the copyright term will end.
So what happens when the copyright term does end? The work falls into what we call “the public domain“, which means that anyone can use the work however they like for free.
Now most public domain works are old, of course, but that doesn’t mean they’re not fun or useful. For example, the original illustrations in Lewis Carroll’s Alice in Wonderland are in the public domain (the illustrator, John Tenniel, died in 1914). There are many examples of people using these images in party themes, invitations and decorations (and selling their products on Etsy). Another interesting example is Project Gutenberg, which provides free e-book downloads of public domain books.
I find it really interesting that things like Alice in Wonderland imagery is now in public domain and wonder if Disney etc would be trying to find ways to prevent that from happening to their copyright? I guess it means they must ALWAYS keep creating new characters and new content so as to maintain a marketable copyright that resets the 70years. Makes me think not only about the financial rewards they seek now, but obviously the continuity battles for anyone who creates and wants to maintain ownership of something in the company or to pass down for inheritance. I’m blurting out, hope this random thought makes sense!
Actually, the copyright term used to be life of the author plus 50 years, until a statute was passed to extend the copyright term by 20 years largely because of the heavy lobbying of Disney. Mickey Mouse was about to fall into the public domain and Disney wasn’t happy! Ironically, as this Forbes article points out, many of Disney’s works are based on public domain works (so there are many people who think that Disney doesn’t exactly play fair when it comes to copyright): http://www.forbes.com/sites/derekkhanna/2014/02/03/50-disney-movies-based-on-the-public-domain/. If you’re interested in reading more about the copyright term extension and Disney’s role in it, here are a few links: http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act, http://mentalfloss.com/article/30946/why-isnt-mickey-mouse-public-domain, http://www.washingtonpost.com/blogs/the-switch/wp/2013/10/25/15-years-ago-congress-kept-mickey-mouse-out-of-the-public-domain-will-they-do-it-again/
Thanks for the links! Yes, I had heard that Disney is known for that which is why they came to mind first.
Ok, I think I need some more tea. My brain is icing over! I’m not sure my thoughts are coherent today, winter bbbbbbbbrrrrrrrrrrs!