The Evolution of Copyright Duration: The Impact of the Sonny Bono Copyright Act of 1998
The comment on the question makes it clear that the discussion is about the Sonny Bono Copyright Act of 1998 and its impact on the public domain in 2019. This Act, also known as the Digital Millennium Copyright Act (DMCA), went into effect in 1999. Understanding why this legislation was necessary and its implications requires an exploration of the historical context and the current copyright environment.
Why was this act passed into law?
The main goal of the Sonny Bono Copyright Act was to harmonize U.S. copyright law with those of other countries. Most European countries had already set the copyright term to 95 years, while the U.S. was still sitting at 75 years. Similarly, individual authors' estates were enjoying a 50-year copyright after the author's death, whereas other countries had a life plus 70-year duration.
Our country aligned with the international treaty, the Berne Convention, which required this standard. However, one distinction with the U.S. was that works that had already expired but would still be under copyright if the new law had existed before their expiration were not revived. They remained in the public domain. On the other hand, many European countries, when they extended their copyright durations decades earlier, actually revived expired works under their new terms.
Why is the duration so long?
The rationale behind such a long copyright duration is clear. A wide range of corporate interests, including industry giants such as The Walt Disney Company, Comcast, CBS Corporation, and Viacom, pushed for the extension of copyright terms. Their lobbying efforts were driven by the ease of demonstrating that a work still has significant economic value beyond 75 years.
The main provision of the bill, which extended copyright durations, was almost universally supported by Congress. However, the debate was primarily on the amendments and side details, particularly regarding music licensing. These corporate interests had a lot of political clout, which allowed them to get the Copyright laws that they wanted passed.
The Historical Context of Copyright Duration
Section 1, Article 8 of the Constitution of the United States states that the purpose of copyright is to ‘promote the progress of useful arts’ and that copyright is ‘for limited times.’ The original copyright term was 14 years, with a renewable term of an additional 14 years by 1831. This was later changed to a 28-year term with a Renewable of 28 more by 1891. In 1909, the term was set to 28 years with a renewable term of 28 more.
The Copyright Act of 1976 made each existing copyright a term of 75 years. Then came the “Sonny Bono Copyright Extension Act” of 1998, which extended the term of each existing copyright by another 20 years, making the term 95 years. It also made the term of copyrights created after 1978 life plus 70 years, which typically works out to around 150 years.
The Impact of Extended Copyright Terms
Extended copyright terms have had a significant impact on the public domain, widely believed to offer little benefit to the public, creators, or creativity. In essence, they do not “promote the progress of useful arts.” Current copyright terms can hardly be considered ‘limited times’ and do not stimulate creativity. Instead, they serve primarily to benefit a few giant media conglomerates, which have political clout and can dictate the terms of copyright laws.
However, there have been movements and calls to change this, recognizing that these extended terms can stifle innovation and restrict access to cultural works that should be freely available to everyone. The public domain is critical for research, education, and the creation of new works, and calls for reform suggest a desire to strike a balance between the rights of creators and the needs of the public.
The shift from the original design of copyright laws, which were intended to benefit the public, to current laws that primarily benefit a few giant media conglomerates is concerning. This evolution in copyright law has significant implications for the accessibility and progress of our cultural heritage and the arts.