The Mouse that Ate the Public Domain

Unless you earn your living as an intellectual property lawyer, you probably don't know that the Supreme Court has granted certiorari in Eldred v. Ashcroft , a case that will test the limits of Congress's power to extend the term of copyrights. But while copyright may not seem inherently compelling to non-specialists, the issues at stake in Eldred are vitally important to anyone who watches movies, listens to music, or reads books. If that includes you, read on. Mickey Mouse Goes to Washington Back in 1998, representatives of the Walt Disney Company came to Washington looking for help. Disney's copyright on Mickey Mouse, who made his screen debut in the 1928 cartoon short "Steamboat Willie," was due to expire in 2003, and Disney's rights to Pluto, Goofy and Donald Duck were to expire a few years later.

Rather than allow Mickey and friends to enter the public domain, Disney and its friends - a group of Hollywood studios, music labels, and PACs representing content owners - told Congress that they wanted an extension bill passed.

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Because The Constitution Still Matters - Freepathon Thread 2

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Frankly, I simply wish that they'd clarify copyright law so it was clear what is or isn't a violation. The law, as it stands now, is essentially a game of roulette that you might win or lose regardless of how careful you are or what your intent is. You shouldn't be forced to wait until you are standing in front of a judge to have a reasonable idea of whether you are breaking the law or not yet if you start asking even the best IP lawyers about whether various things are legal or not, the answers quickly turn to, "I don't know for sure." That's bad.

NO Copyrights are not indefinite and never have been. Trademarks are indefinite.

Copyright terms have been extended continously, such that no material has entered the public domain in quite awhile. If trends continue, no material will ever enter the public domain. This is clearly contrary to the intention of the Constitution's grant of copyright authority to the Congress.

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