As an attorney specializing in copyright law I often contemplate how the copyright system really benefits society at large. Although I believe it is important to incentivize artists, we are constantly undermining the goals of the copyright system by continually expanding the length of copyright protection.
There are several advantages and disadvantages to granting rights holders longer copyright validity periods. Those in favor of longer validity periods claim that longer periods will provide incentive for artists to create copyrighted works because artists will be able to realize greater profits. On the other hand, those in favor of shorter copyright validity periods claim that shorter periods are more beneficial because they will bolster the amount of material in the public domain.
Current Protections
The amount of time it takes a copyrighted work to enter the public domain will vary based on the date that work was created and considerations related to publication such as when the work was registered for protection. As a general rule, for works created after January 1, 1978, copyright protection will be valid for the life of the author plus 70 years.
Advantages
Those in favor of longer copyright validity periods argue that longer periods are necessary so that copyright holders can have an appropriate amount of time to profit from their works, thereby creating an incentive for artists, authors and other creators to publish and create more works. Because the benefits of a successful copyright can be passed on as inheritance, artists may feel more inclined to develop new works. Some have argued that even longer extensions are necessary because they give copyright holders an incentive to preserve and digitize their work due to their continued incentive to profit from those works. Finally, the last time the copyright validity period was extended in the United States, supporters argued that the extension was necessary so that United States copyright protection would have the same term as European copyright protection thereby allowing for fair trade. Giving American artists the same copyright period as their European contemporaries gave them similar footing in terms of where they decided to copyright their works.
Disadvantages
Those in favor of shorter copyright validity periods argue that terms as long as seventy years plus the life of the author do not create further incentive because the author does not have any need to collect royalties beyond his own lifetime. Critics further argue that this structure only benefits large businesses who hold copyrights rather than individual artists. Finally, a major disadvantage of a longer copyright validity period is that this structure makes it take longer for works to enter the public domain thereby depriving the public of the ability to enjoy older copyrighted material without restriction.
Future Expansion
Throughout the course of American history copyright validity periods have traditionally been extended as more works are scheduled to enter the public domain. The last time the copyright validity period was extended in the United States the copyright for Mickey Mouse was set to expire. Many opponents of the resulting 1998 Copyright Term Extension Act called it the Mickey Mouse Protection Act. In 2012, the Supreme Court of the United states held that Congress may also allow works that have entered the public domain to retain copyright protection. This decision could potentially allow for Congress to pass laws creating perpetual copyright protection.
Sources
USPTO: A Copyright Refresher
[ http://www.uspto.gov/web/offices/dcom/olia/copyright/copyrightrefresher.htm ] Wired: Supreme Court Says Congress May Re-Copyright Public Domain Works
[ http://www.wired.com/threatlevel/2012/01/scotus-re-copyright-decision/ ] Public Domain Sherpa:10 Public Domain Misconceptions
[ http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html ] Questioncopyright.org:The Surprising History of Copyright and The Promise of a Post-Copyright World
[ http://questioncopyright.org/promise ] Cambridge University: Forever Minus a Day?
[ http://www.rufuspollock.org/economics/papers/optimal_copyright.pdf ] US Copyright Office:1998 Copyright Extension Act
[ http://www.copyright.gov/legislation/s505.pdf ]