Question about the Public Domain laws.

Discussion in 'General Discussion' started by kaijuguy19, Nov 19, 2019.

  1. kaijuguy19

    kaijuguy19 Keyblade Wielder

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    I don't know if this count as political so if it is feel free to shut it down. That being said I've recently looked into how Disney extended the copyright laws to protect Mickey Mouse from entering the public domain to the point that it also extended other characters from entering public domain. Like for example we would've gotten Spiderman in the public domain this year had it not been for Disney.

    The question I have is that would it be possible to reverse the extension Disney placed on the public domain so that the character that would've entered public domain earlier can actually do so at last? If not then what's stopping them? Is it a once it's in place it stays in place type of law? If someone can answer that question that'd be great.
     
  2. Subdurmal

    Subdurmal Well-Known Member

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    I'm not a lawyer by any means but i think if you present a solid case advocating its change then it could be done.

    But lets face it Disney has TONS of money and I'm sure the massive legal team they have would find a loop hole or a dozen of them to tie it up until you couldn't afford to continue

    Again not a lawyer
     
  3. Purple Heart

    Purple Heart Some other time..

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    This has been brought up before, and the short answer is that Disney will not let anything they own enter the public domain no matter the literal cost. So it doesn’t matter. Humans are a creatures easy swayed their own greed.
     
  4. Megasquared

    Megasquared Well-Known Member

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    I fail to see how having Spiderman fall into public domain will get politicians to reverse or amend The Copyright Term Extension Act of 1998. And even if by some chance a bill was introduced to repeal or ratify the CTEA, Disney can only lobby against it but ultimately such a bill would have to be passed by both houses of Congress and signed by the President. As it stand now if you want Spiderman to fall into public domain you're going to have to wait until 2058.
     
  5. Deathcatg

    Deathcatg Well-Known Member

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    I'm not 100% certain Disney can or will make another extension of copyright laws, but they don't have to worry about with at this point with Trademark laws at their side. If Steamboat Willie were to fall into public domain, even someone who has a legal right to reproduce it could be roped up by Disney's legal team for so long and for so much, it just wouldn't be worth it to try.

    To answer the OP question though, I don't think it's possible to reverse the ruling of a established extension.
     
  6. Deathcatg

    Deathcatg Well-Known Member

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    I guess we'll find out a a few years: under the current United States laws, "Steamboat Willie" is set to enter the public domain on January 1, 2024.
     
  7. Mark

    Mark Just here for the toys

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    I’d say there’s zero chance the laws get reversed. But I also think it’s unlikely they get extended again.

    Companies aren’t just going to let their characters go, though. Disney in particular. I expect they will still do whatever they can via trademarks etc to try to maintain control. They already try to deny fair use at every turn.