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Our View: Copyright laws are overdue for a rewrite

Katelyn Wilburn, Campus Carrier opinions editor

In a technology driven age, information and art is more accessible than it has ever been, and copyright is out of step with the world surrounding it. Copyright terms are meant to protect artists and inspire creativity, but when these terms extend decades beyond the artists ‘lifetime, it increases the difficulty for people to enjoy the pieces for recreational purposes. Copyright terms should be shortened for recreational enjoyment and educational purposes, and personal creativity should be promoted to all creators. 

Copyright laws extend for at least 75 years after the creator’s death, and corporations maintain extensive control over profitable works long after the artist is gone if the work was made for hire. Instead of encouraging progress, this locks away ideas for generations, creating barriers for individuals who could learn from and build upon them. 

Recreational activity has always been an important part of expression and community enjoyment. Creation of fan art, showings of movies or anything based on other pieces for personal or public enjoyment could be subject to copyright. This discourages exactly what copyright is supposed to promote: diverse creativity. Recreational creators aren’t stealing ideas, they are engaging with the art. Shorter copyright terms can open space for creative freedom. Art is meant to inspire and build off other pieces. Evolving through shared ideas is a great way to make this happen.  But creating these kinds of works doesn’t mean removing protection for professional artists, as corporations are often the ones that take advantage of this extensive copyright terms. 

After Jan 1, 1978, works had copyright term of 70 years after the last surviving authors death. For made-for-hire, anonymous or pseudonymous works, copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. 

The extensive amount of time under copyright for works made for hire means that larger corporations can benefit from them for extensive amounts of time, which can hinder creativity and restrict public use and engagement with intellectual property. The fear of legal action can prevent creators from expressing themselves through diverse content, which often stifles reinterpretations of previous works. Corporate monopolies are not useful in the long run, as they prevent popular media and ideas from spreading across differing platforms. 

Educational communities can face similar challenges. Teachers and students must often navigate copyright laws and fair use with caution just to enrich their learning. The concept of fair use can often be ambiguous and intimidating, especially when educators want to use excerpts of media that isn’t regularly used to shed light on their topic through a unique lens.

Although shortening copyright terms could be seen as harmful to creators financially, works usually profit the most within the early to middle stages of release. Commercial profit decreases over time, and long terms disproportionately benefit larger businesses that control older pieces. 

Shortening copyright terms switches our goals of intellectual property from permanent ownership to progression of creativity. Recreationally and educationally, copyright laws should promote participation in creative discussions and reward artists as well as promote creation. 

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