Thanks to Disney and other big corporations, classic artistic works are still blocked from public use.
As we all get ready for the premiere later this month of Season 3 of the BBC’s superb “Sherlock" on PBS , we should pause to give thanks to a Chicago federal judge who saved the world’s greatest fictional detective from the pitiless clutches of the Copyright Act.Copyrights prevent consumers or creators from accessing, building on, or even repurposing artistic works without the permission of the copyright holders or the payment of a fee that can be steep.
The arguments mustered for longer copyrights in 1998, and on behalf of earlier legislation extending copyright, fell into three categories. One was that material in the public domain would be under-exploited — no one would republish a public domain work because there was limited prospect of profit. The second was that material in the public domain would be over-exploited — too many unauthorized versions would sap public domain works of their market value.
, “The entire debate seems to turn on the effect of having unauthorized porn movies starring Mickey Mouse or Superman.” Since the passage of the 1998 act and even before it, copyright owners have sought ways to circumvent expiration. In 2013, the estate of Arthur Conan Doyle tried to block new uses of Sherlock Holmes, who first appeared in print in 1897. Its argument was that Holmes and Watson should remain under copyright until the last original work in which they appeared entered the public domain, which would not happen until 2023.But it lost in U.S.
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