Newsgroups: alt.etext From: dell@wiretap.spies.com (Thomas Dell) Subject: [CINEMA-L] New Copyright Laws Could Affect Film Access (LONG) Message-ID: Organization: The Internet Wiretap Date: Thu, 25 Nov 1993 01:18:33 GMT An extension to this attempt will affect printed text as well. Newsgroups: bit.listserv.cinema-l Date: Wed, 24 Nov 1993 15:07:25 EST From: "George V. Chastain" Subject: LONG POST: New Copyright Laws Could Affect Film Access This afternoon I received snailmail from SINISTER CINEMA, one of the best known and most reputable dealers in mail-order videotapes of public domain films. Tucked in with the usual flyer announcing new titles was a four page letter from the proprietors, David Pierce and Greg Luce, who are campaigning against changes in national copyright laws that could have considerable impact on all film fans, including many followers of this discussion group. I'm attaching the entire text of the letter, about 300 lines. It's already painfully close to the NOVEMBER 29 deadline mentioned in the text, but it shouldn't be too late for interested parties to take meaningful action of some sort. If nothing else, maybe this will stimulate discussion. Obviously Sinister Cinema and similar mail order companies have an economic axe to grind on this issue -- but companies like this currently handle many films that would otherwise be inaccessible outside film archives and private collections. I'd hate to see these sources driven out of business by the legal weasels and profiteers. George Chastain -- WVNET, Morgantown, West Virginia U0E53@WVNVM or U0E53@WVNVM.WVNET.EDU ******************* LETTER STARTS HERE ************************** Dear Sinister Cinema Customer, If you wish to have the continued freedom of having a large variety of our film heritage to choose from on video, then it's absolutely imperative that you read the following and respond appropriately, even if it's only a paragraph or two. Call us if you're unclear on the issue or need help, but please do respond! The future availability of obscure and unusual cinema as well as the entire concept of low priced videos hangs in the balance. Books and music will be effected as well. PLEASE HELP. AD HOC COMMITTEE FOR A REASONABLE COPYRIGHT TERM David Pierce, P.O. Box 2748, Laurel, MD 20709 fax: 301-604-6827 Greg Luce, 2747 Shannesy Drive, Medford, OR 97504 fax: 503-779-8650 October 8, 1993 Dear Friend of Classic Film: America's lovers of films and scholars of film history face a crisis and a challenge. The 75-year copyright term for motion pictures in the United States is already the longest in the world. Nevertheless, the U.S. Copyright Office is expected to propose this fall that Congress extend the copyright term for motion pictures to 95 years, withholding our film heritage for an additional 20 years. This proposed 95-year copyright term would be disastrous for research and enjoyment of classic cinema, ensuring that many movies would be experienced not by the eager audiences they deserve, but secondhand through articles in scholarly journals. Even worse, the proponents of copyright extension are already preparing for the next step: restoring the copyrights of films that have been in the public domain for up to fifty years. This would include such classics as Douglas Fairbanks' THE MARK OF ZORRO (1920) and Buster Keaton's THE GENERAL (1927). Taken together, term extension and copyright retroactivity would bring Edwin S. Porter's THE GREAT TRAIN ROBBERY (1903) back under copyright protection! If you love old movies and want them to still be available, you need to make your voice heard in Washington -- NOW! THE PROPOSAL FOR COPYRIGHT EXTENSION Music publishers and songwriters propose extending by 20 years the current U.S. copyright term of the life of the author plus 50 years for works by individuals, such as novels and songs. The stated purpose is to bring the United States "in sync" with the European Community, which has proposed (but not yet adopted) a copyright term for works by individuals of "life plus 70." The proponents of "life plus 70" also propose extending the U.S. term for "works for hire" such as motion pictures, from the current 75 years to 95 years. However, they fail to note that the current 75-year term for works for hire in the U.S. is already longer than the 70-year term for such works which has been proposed (but not yet adopted) in the European Community. Indeed, the current term for motion pictures in most European countries is 50 years. At a heating before the Copyright Office on September 29, only those favoring these extensions testified. The announcement of the hearing in the Federal Register only discussed works by individuals, and did not mention the proposed extension to films and other works for hire. We believe that the large corporations recognize that if the proposal to extend the copyright term for works for hire is debated on its merits, it will fail. The media conglomerates are hoping to keep this quiet, so their proposal can simply sail through Congress. SUMMARY OF THE COPYRIGHT EXTENSION PROPOSAL Works by individuals (songs, novels): European Community Proposal (not yet adopted)...........Life of the author plus 70 years Current United States Law.........................Life plus 50 Expected U.S. Copyright Office Proposal...........Life plus 70 "Works for hire" (films, magazines, newspapers): European Community Proposal (not yet adopted)...................................70 years Current United States Law.............................75 years Expected U.S. Copyright Office Proposal...............95 years THERE IS NO JUSTIFICATION FOR EXTENSION Before talking of extending copyright, it is important to examine the purpose of copyright. The United States Constitution grants Congress the power "to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added). The public policy of this country has always been to provide limited protection for a finite term to give creators incentives to create additional works. At the end of the limited term of protection, creative works fall into the public domain for the widest possible dissemination. That is the same philosophy that underlies the 17-year term for patents. Public domain is an integral part of the creative process, and the courts have been consistent in recognizing this. In Stewart v. Abend, a landmark 1989 copyright case, the Supreme Court noted that copyright serves a higher purpose than just providing income to authors and creators: Although dissemination of creative works is a goal of the Copyright Act, the Copyright Act creates a balance between the artist's fight to control the work during the term of the copyright protection and the public's need for access to creative works. The copyright term is limited so that the public will not be permanently deprived of the fruits of an artist's labors. Public domain means that creative works are more widely distributed, and the wide availability of ideas contributes to creativity, benefiting everyone. It is due to the worldwide public domain status of Gaston Leroux's 1910 novel "The Phantom of the Opera" that there are three completely different stage musicals touring the United States. Similarly, the public domain 1909 novel "The Secret Garden" is allowed to inspire both a Broadway musical and a different interpretation for the movies. Frank Capra's IT'S A WONDERFUL LIFE (1946) was only recognized as a classic when the film fell into the public domain and was widely seen for the first time. Educational producers use public domain footage in their films to instruct and entertain. Documentary filmmakers can afford to make films for specialized audiences because they can get public domain material at reasonable prices from sources such as the National Archives. The news programs on CNN, the broadcast networks and C-SPAN constantly use readily available public domain footage to provide historical insight into current issues. THE EFFECT ON MOTION PICTURES The proposal to extend to 95 years the current 75-year term for motion pictures would obviously have its most immediate effect on the decade of films copyrighted from 1918 to 1927. With only a handful of exceptions, these films can be seen only at archives and foreign film festivals. Turner Entertainment and Paramount have released a couple of their major titles, but virtually all the copyrighted survivors of this decade of film history remain on the shelf, unseen in the classroom, video store or on television or cable. Extending the current term of copyright will guarantee that the public will continue to be deprived of hundreds of films, long ago abandoned by their creators, but still protected by copyright. What opportunity does the general public have to see Frank Borzage's romantic masterpiece LUCKY STAR (1929), recently restored from a print found in Europe; Robert Flaherty's MOANA (1926), filmed on location in Samoa by the great documentarian; the part-Technicolor REDSKIN (1929), a story of the Pueblo Indians adapting to the America of the 1920s; and the legendary original silent film version of PETER PAN (1923), with Betty Bronson personally selected by author James Barfie to play the title role? Thousands of nearly forgotten American films are awaiting the freedom of public domain. For many more, public domain is meaningless because their makers lost all copies to poor storage and neglect. In fact, a 1993 study by the Library of Congress documents how the vast majority of films from the silent era have been lost forever due to ownership apathy. The scattered survivors were donated to film archives, which preserve, catalog and store them primarily with Federal funds. For many of these films, all that is limiting their availability to the public is expiration of their copyrights. As proposed, the owners of these copyrights do nothing in return for this extra copyright protection. They assume no obligation to preserve their films, make them available, or even grant permission for archive screenings. Where is the public benefit? COMING NEXT: EVERYTHING IS COPYRIGHTED -- FOREVER If this proposal passes, it will not be the last change. In 1976, the copyright term for movies was extended by 19 years. Now in 1993, it might be extended by another 20 years. It may not even take another 20 years for a proposal to extend the period again. The Songwriters Guild of America encourages the Copyright Office to recommend giving "perpetual life to copyrights." One of the main goals of the proponents is to revive the copyrights in all works from the Twentieth Century that have fallen into the public domain. The 28-page submission by the Coalition of Creators and Copyright Owners specifically solicits restoration of protection for public domain works. They note that Europe is reviving copyrights as it moves to a common term of 70 years from publication for motion pictures. And, they point out, the North American Free Trade Agreement (NAFTA) includes a requirement that the United States restore the copyrights of Mexican films in the public domain. In addition, it is well known that Columbia University Law School is currently studying how best to achieve revival of the copyrights in films that have already fallen into the public domain. As incredible as it seems, if these proposals were implemented, all films from 1898 to the present would be protected by copyright! The prospect of having to retrospectively clear or eliminate public domain footage from thousands of already produced documentaries and educational films is utterly staggering. SUMMARY The proposed 20 year extension of copyright for works for hire, such as motion pictures, to 95 years will contribute to the near-complete inaccessibility of a large portion of our motion picture heritage. This proposal should not be submitted to Congress. The reasons include: * U.S. copyright extension is not compatible with the European proposal * This is contrary to the purpose of copyright outlined in the United States Constitution * It benefits a handful of large companies, with no public benefit * These are the same companies that allowed so much of our film heritage to be nearly lost in the first place, then donated the survivors to film archives * Archives have preserved the studio-owned titles with Federal funds, yet the films are still unavailable * These films are of great educational and historical importance * Public domain is used to create new works, such as documentaries and educational films HOW YOU CAN HELP Please write a letter opposing the proposal to extend the copyright for works for hire from 75 years to 95 years. Please make it clear that you also oppose any attempts to revive the copyrights of films that are already in the public domain. Comments must be received by the Copyright Office no later than November 29, 1993. Refer to Docket No. RM 93-8. If you can't send a letter, then send a postcard expressing your opinion. You should address your letter to: Dorothy Schrader, General Counsel Copyright Office, Library of Congress Department 100, Washington, DC 20540 (fax: 202-707-8366) Since this proposal is expected to be introduced in Congress in the next few months, you also should send copies of your letter to the chairmen of the appropriate committees on Capitol Hill. Their addresses are: Senator Dennis DeConcini, Chairman Subcommittee on Patents, Copyrights and Trademarks Senate Hart Office Building, Room 327 Washington, DC 20510-6286 (fax: 202-224-2302) Rep. William J. Hughes, Chairman Subcommittee on Intellectual Property and Judicial Administration Cannon House Office Building, Room 207 Washington, DC 20515-6219 (fax: 202-225-3737) Send copies to each of your Senators and your Representative at: Senator (name) United States Congress Washington, DC 20510 Representative (name) United States Congress Washington, DC 20515 And finally, send a copy to us, so we can use your support to convince the Copyright Office and Congress that this proposal should not become law. Send a copy to either address: David Pierce P.O. Box 2748 Laurel, MD 20709 fax: 301-604-6827 Greg Luce 2747 Shannesy Drive Medford, OR 97504 fax: 503-779-8650 ******************************************************************************