Category Archives: media

Copyright extension and NAFTA

I wrote previously about James Bond entering the public domain in Canada.

I love the idea of work in the public domain – I’ve actually read a number of Ian Flemming’s books since they’ve come out of copyright, I’ve read more of George Orwell, and I’m currently reading a book about the history of rocket fuel.

In Canada, a work enters the public domain 50 years after the author’s death – the MPAA is looking to get this extended to 70 years according to a recent article by Michael Geist:

“The MPAA also wants Canada to extend the term of copyright to life of the author plus 70 years from the current standard found in the Berne Convention of life of the author plus 50 years. It argues that the “extension of the term of protection for copyrighted works has a direct benefit to the creators of these works, as well as consumers.” It does not mention that the creators are long since dead, that consumers face higher prices with term extension, and that the change would lock-down the Canadian public domain for two decades.”

The Government of Canada is soliciting views from Canadians by email at NAFTA-Consultations-ALENA@international.gc.ca or on the web.

Here’s what I submitted:

I am opposed to extending copyright to life + 70 years.

At 50 years protection is already ample – a creator’s children, and their children, already directly benefit from royalties collected from a copyrighted work.

The public benefits immensely from work entering the public domain:

  • Consider the works of Shakespeare and Moliere, and their derivative works, that make up so much of the language programs in Canadian schools and our pop culture
  • Consider how our culture benefits from derivative works, and how characters like Sherlock Holmes continue to be adapted for modern audiences
  • When my grandmother spoke of reading the works of Thornton Burgess when she was a child to my children (her great-grandchildren), I can load up their e-readers with all his books. At life+70, there is no way my children could do this with the authors of their generation, like J K Rowling, Melanie Watt, or Mo Willems.

Works locked up in copyright, particularly out of print, remain trapped and inaccessible.

Life +70 will not promote the creation of work – if anything, it will delay the creation of derivative works.

 

James Bond enters Public Domain in Canada – for now

I stumbled on an interesting article, Copyright quirk leaves James Bond up for grabs in Canada, in the Globe and Mail the other day.  In Canada, copyright expires 50 years after an author’s death.  Ian Fleming died in 1964, which means his James Bond series of novels have become a part of the public domain in Canada.

However, this might be short lived. Michael Geist, a Canadian academic specializing in intellectual property and technology law issues, writes that Canada will likely accept extending copyright to life plus 70 years in the Trans-Pacific Partnership (TPP) Free Trade negotiations.  It has been life plus 70 years in the United States since 1998.

Copyright is granted to allow content creators to receive compensation for their work, providing an incentive to create original work.  Many (myself included) would argue that 50 years of protection is ample – if I died tomorrow, my children, and their children, would directly benefit from any royalties collected from my work though my estate.

At some point, society receives a greater benefit from having the work enter the public domain, where anyone can read and re-print the text, and re-use the characters and story lines.  I, for one, have enjoyed the BBC’s contemporary take on Sherlock Holmes, made possible by the characters in the public domain.

In Canada, one can now create their own modern take on the James Bond character and novels, without getting permission or paying royalties to the rights holders (note that this does not include the movies).

The Bond books themselves can now be redistributed freely in Canada. Project Gutenberg is an organization that digitizes and distributes public domain texts – the works of Mark Twain, Jane Austen, and Sir Arther Conan Doyle are all available.  The Canadian branch of the site, Gutenberg.ca, has already taken advantage of our life+50 copyright and posted a copy of Ian Fleming’s Goldfinger.

A part of me wants to buy Fleming’s books, scan them, and post them on a Canadian web site while I still can – unfortunately, this site is hosted in the US, so you won’t see them here.

Response to Toy Subway Car

My toy subway car has generated some local interest!

Check out: