Copyright Law

[Marc James Small <msmall@roanoke.infi.net>]

I am passing on this message from an academic group.  Concerned US citizens
might wish to contact their Congressman or Senators.  (I, of course, am
strongly opposed to this, as I am opposed, in principle, to copyright law,
but I recognize there are those on this group who feel differently, and
this is forwarded for their edification, particularly.

Marc

- ---------- Forwarded message ----------
Date: Thu, 23 Oct 1997 12:07:38 -0500
From: "Dennis S. Karjala" <karja003@tc.umn.edu>
Subject: RE: Support

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	Historians, biographers, archivists, and scholars generally should be
aware that Congress is again considering action on a piece of welfare
legislation that will cost the U.S. public and the academic communities
dearly. 
This is the Copyright Term Extension Act of 1997 (S.505, introduced by Senator
Hatch, and H.R. 2589, which has already moved unanimously out of the House
Subcommittee and been referred to the entire House Judiciary Committee).
These
bills would add 20 years to the term of copyright protection for all
works--not
just those created after adoption of the bills but even those already in
existence.  This would include books, music, and films from the 1920's of
great
historical and cultural significance that otherwise are about to enter the
public domain. 

	This public-domain-robbing legislation would also add 20 years to the
term of protection for old, previously unpublished letters, diaries, and other
works that get published prior to the year 2003.  Under CURRENT law, these old
works are protected by copyright until 2003, and if published before that year
they remain protected until 2028.  For example, I have recently heard from a
correspondent that Indiana University has placed on line published a number of
papers dating back to 1789 or perhaps even earlier, not previously published,
that represent "a major advancement to ease the work of research."  By
virtue of
their on-line publication, these papers will remain copyright-protected until
the year 2028.  If the current legislation passes, they will remain protected
until 2048!  Whether or not Indiana University infringed anyone's copyright in
placing the papers on line (that depends on whether the University had
permission or, if not, whether it was a "fair use"), any subsequent use of
these
research materials would be an infringement if copies are made or distributed
without permission of the copyright owners--whoever and wherever they are. 

	The proposed legislation is no more than a welfare measure to those
persons who own copyrights on old works--a wealth transfer imposed on the
American public for the benefit of large corporations (like Disney, whose
copyright on Mickey Mouse has only a decade or so to run) and descendants of
creative authors like George Gershwin or Oscar Hammerstein II.  Schools that
wish to publicly perform plays and music, archivists who wish to restore
lost or
forgotten works, scholars and creative artists who wish to use these cultural
building blocks in creating new works, and the U.S. public in general through
its royalty payments will foot a very heavy bill.  New creativity and
scholarship will suffer badly and irretrievably. 

	Excessive copyright terms hurt the general public but feather the nests
of copyright interest groups, who actively contribute to congressional
campaigns--especially the campaigns of members of the two Judiciary
Committees,
which deal with intellectual property legislation.  Scholars, librarians,
educators, and consumer advocates are worn out with the continuous assault on
the public domain.  As Congress moves toward taking yet another big bite
out of
the public domain, the territory lies virtually undefended.  It will pass
unless
a true public interest spirit is instilled in enough voices to make Congress
listen. 

	Please circulate this message among your colleagues and impress upon
them that the time for action is now.  Letters and email must start pouring in
to the House and Senate Judiciary Committees, and to others in Congress, if
this
thing is to be derailed.  The supporters are trying to ram it through with a
minimum of public discussion.  So far, they have succeeded.  Please write, and
get your colleagues to write as well. 

	For more detailed information (including sample letters to Congress),
and for names, addresses, and phone numbers of members of Congress, visit the
"Opposing Copyright Extension" web page at
<http://www.public.asu.edu/~dkarjala>

Dennis S. Karjala
Irving Younger Visiting Professor of Law
University of Minnesota Law School



Marc James Small
Cha Robh Bas Fir, Gun Ghras Fir!
FAX:  +540/343-7315