1998 > A MORE RESTRICTIVE COPYRIGHT LAW

[Summary]

A major blow for digital libraries was the amendment to the 1976 U.S.

Copyright Act signed on 27 October 1998, each legislation being been

more restrictive than the previous one. As explained in July 1999 by

Michael Hart, founder of Project Gutenberg: "Nothing will expire for

another 20 years. We used to have to wait 75 years. Now it is 95 years.

And it was 28 years (+ a possible 28-year extension, only on request)

before that, and 14 years (+ a possible 14-year extension) before that.

So, as you can see, this is a serious degrading of the public domain,

as a matter of continuing policy." The copyright went from an average

of 30 years in 1909 to an average of 95 years in 1998, with an

extension of 65 years. Only a book published before 1923 could now be

considered for sure as belonging to the public domain in the U.S. The

copyright legislation became more restrictive too in the European

Union.

***

A major blow for digital libraries was the amendment to the 1976 U.S.

Copyright Act signed on 27 October 1998, followed by a more restrictive

legislation too in the European Union.

Each legislation was more restrictive than the previous one. As

explained in July 1999 by Michael Hart, founder of Project Gutenberg:

"Nothing will expire for another 20 years. We used to have to wait 75

years. Now it is 95 years. And it was 28 years (+ a possible 28-year

extension, only on request) before that, and 14 years (+ a possible 14-

year extension) before that. So, as you can see, this is a serious

degrading of the public domain, as a matter of continuing policy. (…)

No one has said more against copyright extensions than I have, but

Hollywood and the big publishers have seen to it that our Congress

won't even mention it in public. The kind of copyright debate going on

is totally impractical. It is run by and for the 'Landed Gentry of the

Information Age.' 'Information Age'? For whom?"

John Mark Ockerbloom, founder of The Online Books Page, wrote in August

1999: "I think it is important for people on the web to understand that

copyright is a social contract that is designed for the public good --

where the public includes both authors and readers. This means that

authors should have the right to exclusive use of their creative works

for limited times, as is expressed in current copyright law. But it

also means that their readers have the right to copy and reuse the work

at will once copyright expires. In the U.S. now, there are various

efforts to take rights away from readers, by restricting fair use,

lengthening copyright terms (even with some proposals to make them

perpetual) and extending intellectual property to cover facts separate

from creative works (such as found in the 'database copyright'

proposals).“

The shrinking of public domain also affected the European Union, where

copyright laws went from "author's life + 50 years" to "author's life +

70 years", following pressure from content owners who successfully

lobbied for "harmonization" of national copyright laws as a response to

"globalization of the market".

To regulate the copyright of digital editions in the wake of the

relevant WIPO international treaties signed in 1996, the Digital

Millenium Copyright Act (DMCA) was ratified in October 1998 in the

United States, and the European Union Copyright Directive (EUCD) was

ratified in May 2001 by the European Commission. Each country in the

European Union was requested to draft and pass its own legislation

within a given time frame. In France, DADVSI (Droit d'Auteur et Droits

Voisins dans la Société de l'Information) passed in August 2006, with

the general public being not so happy about it.

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