What will enter the public domain in 2026?
publicdomainreview.org470 points by herbertl a day ago
470 points by herbertl a day ago
The length of copyright is absurd. Corporations have hijacked a concept that should exist on human timescales.
Ideally, a child could legally provide their own spin on IP they consumed by the time they reach adulthood. But also, people need to make a living.
I actually think the original 14+14 year copyright is the right balance. It gives people time to make their profits, but also guarantees the right of people to tweak and modify content they consume within their lifetime. It's a balanced time scale rather than one that exists solely to serve mega corporations giving them the capability to hold cultural icons hostage.
I love the original 14+14. I’ve heard proposals for exponentially growing fees to allow truly big enterprises to stay copywritten longer, like 14+14 with filing and $100, another 14 for $100,000, another 14 for $10M, another 14 for $100M. That would allow 70 years or protection for a few key pieces of IP that are worth it, which seems like an okay trade off?
So many ideas better than the current regime.
I think would diminish independent author rights. Quite often, a novel will become popular only decades after publishing, and I think the author should be able to profit on the fruits of their labour without wealthy corporations tarnishing their original IP, or creating TV shows and the link with no reperations to the creator.
Fantasy book are a good example. A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity. Good Omens main peak was ~15 years after release. Hell, some books like Handmaiden's Tale were published in 1985 but only reached their peak in 2010.
IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.
> IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.
I like Cory Doctorow's analogy: Artists are, to a large degree, at the mercy of big companies (publishers, music labels, etc), who have the leverage to force artists to sign over all of their rights. Giving artists more rights is like giving your kid more lunch money when it's being stolen by a bully: no matter how much money you give your kid in that situation it's not going to give him any lunch.
What's interesting is that this is true of all creators, not just artists.
Making money means running a business, and running a business requires more than just creating something. You also have to identify a good market for that creation, and find a way to distribute to them, and provide a viable model for them to pay for it, and (the hardest part) out-compete all the other businesses who are doing the same.
This is true for cooks. It's not good enough to create a meal. You have to also scope out the local market, find a good location, build a restaurant or a stand, attract customers, and sell your meals. And if you aren't willing to do that, then you either need to accept cooking for free, or going to work for a restaurant who's going to do all those hard parts and take the bulk of the profits.
This is true for computer programmers. It's not good enough to write a program. You also have to build a business, find customers, attract them through ads or marketing or viral growth, collect credit carts, and sell your product. And if you aren't willing to do that, then you either need to accept coding things that make no money, or go to work for corporation or startup who will pay you a salary while collecting bigger profits.
Etc.
For some reason artists are the only group that makes a big stink about this situation, and feels that they should get the benefits of running a business without doing the work or taking the risk of running a business.
Artists are not the only ones who make a stink about this; it's inherent to the capitalist mode of production. Everyone involved in a venture is risking something, but the law only rewards specific kinds of risk with equity ownership over the venture. Other kinds of risk are solely rewarded with monetary wages at sub-profit margins. That's why labor unions exist, and why the nation's elites work tirelessly to stop them.
But with artists, there's a particular extra wrinkle, in that the law created a middle tier of reward specifically for the efforts of creative workers. Copyright was specifically intended to allow authors to have their own business ventures without necessarily having to share in the same risks that equity owners do. So, naturally, those equity owners all colluded with one another to steal this other form of equity and wear it as a second shell.
> the law only rewards specific kinds of risk with equity ownership over the venture
I would argue that it's not solely the law rewarding that kind of risk, it's the market. There is no law that says that only equity owners can enjoy massive profits. Some employees get paid 7 figures, 8 figures, or more, even without equity.
Generally speaking, the rewards go to the hardest parts, the riskiest parts, the parts with the least supply and the most demand.
You are taking far more risk by being a business creator and blazing a new trail, than you are by studying a fixed set of knowledge and techniques to train to become a Front End Software Engineer or some other kind of well-defined high-demand pre-defined role. And the evidence for this is the fact that there are millions of people who've shaped themselves into that safer mould, and very few who have done the former.
And this doesn't just apply to owners vs employees, it applies within each group, too. There are far more restauranteurs than search engine founders, as the former is simply a less risk and less competitive endeavor. (Competing with your local market vs competing with the world.) And artists who create unique works tend to earn a lot more than copycats. Artists who master rare skills tend to earn a lot more than people generating stuff off Midjourney. Etc. Risk tends to go hand-in-hand with reward.
Of course there are exceptions, e.g. rent-seeking, sabotage, monopoly, collusion, etc. that can earn you a lot without you providing a lot of value or taking a lot of risk. And a huge role of the law is to make as much of this illegal as possible, to force people into more value-creating activities by process of elimination.
I don't know that A Game of Thrones is a good example, at all.
The series was already remarkable commercial success before the TV adaptation. A Feast for Crows debuted at #1 on the NYT list in 2005.
The series sold millions of copies prior to the TV series. That's more successful than the average successful Fantasy novel by orders of magnitude.
If the books sold even more copies after being adapted, that's because HBO put the story on TV, not because of anything the author did.
And, of course, even if the first book in the series lost it's copyright after 28 years (nearly three decades!), the all the rest of books in the series would still under copyright, and the HBO wouldn't be able to access the ending without the authors help, as it hasn't even been published yet. The most HBO could have done without Martin's involvement would have been to create glorified fan fiction, while leaving themselves open to lawsuits about any similarities to any later books in the series under copyright.
Almost all the money almost any artist makes comes in the first 28 years. It is hard to see why we should deprive all of society from benefiting from using, building on, or remixing culture, to slightly increase the leverage that a handful of exceptionally rare winners get.
An of course, there is a huge gap between 14+14 and today's maximalist copyright regime.
> Fantasy book are a good example. A Games of Thrones was first released in 1996 but had middling success. It was only after 2011 that the series exploded in popularity. Good Omens main peak was ~15 years after release. Hell, some books like Handmaiden's Tale were published in 1985 but only reached their peak in 2010.
Using your example and the rules suggested in the grandparent post, GRRM's copyright would have been set to initially expire in 2024, where he would be able to pay $100k to renew it until 2038. Handmaiden's Tale works in a similar way, with the initial expiration in 2013.
This still seems very reasonable to me.
Keep in mind that under such a system, corporations would have a financial incentive to wait just a bit longer to do an adaptation
> Keep in mind that under such a system, corporations would have a financial incentive to wait just a bit longer to do an adaptation
Meanwhile they are currently buying up IP and locking it up for decades in such a way that no one can build on it.
Sherlock Holmes, who was created in the 1800s, only became public domain (but not all of it) a few years ago:
* https://www.theguardian.com/world/2013/dec/27/sherlock-holme...
* https://www.theatlantic.com/books/archive/2025/01/how-sherlo...
BigCorps could do a lot of things under a new regime, but they are already doing shitty things. I'd rather deal with the current problems and then see if/what kind of new issues crop up, and then course-correct then.
GRRM is already beating them at that game by publishing a new book in the series every couple decades. That might become a common tactic in such a copyright environment
I find it strange how people are so invested in spiting $BigCorpThatMightDoBadThing that they're willing to harm the public at large as well.
So add another 14 to the original 14+14, giving 42 years of maximum protection. That would cover your examples and require active renewal to send abandonware to the public domain earlier. I'd love to see shorter terms, but active renewal would already greatly enrich the public domain.
> Hell, some books like Handmaiden's Tale were published in 1985
It was already a classic by the year 2000 and Margaret Atwood has made more than enough money and was an icon even back then. I say this as a fan and someone who paid to meet her.
Copyright should ensure that artists make a living, not enable them to make a killing.
A person who wants to coast off the success of a single creation for eternity and not feel compelled to make future creations is not an artist.
They are a capitalist.
Artists create, despite the destitution, because they want to create and feel strongly compelled to create. Art is about that compulsion.
An artist wants enough money to pay rent/mortgage, raise a family, have a hobby, not be in debt, etc. But when Daniel Hardcastle received 0 pounds from his book because the publisher was a scammy cunt, he doesn't stop writing because there's no money in it, he continues to write despite the lack of profit. Because that's what he feels compelled to do.
When youtube made it impossible for animators to make money on Youtube, Arin Hanson (Egoraptor) started paying people to make animations out of his content, including people who started out doing it entirely without their permission. When many channels make pure profit from creating clip shows or compilations of their content, instead of throwing lawyers or the Youtube machine at those people, he paid someone to make official versions.
Compare how those two jackwads acted (the fine brothers), trying to trademark the concept of a "reaction video", to all the different channels and groups that do "Power Hour" or variety content like Good Mythical Morning. They even joke about how they are all stealing from each other. They know that their audience is looking for their unique output, not a specific format, and that protecting such a format would be a waste for everyone.
Because a real artist does not say "How dare you make better product with my formula", a real artist says "Aww man they used my formula to make something great, I should figure out how to make something great and up my game".
The sin in artistry is someone taking your style or content and shamelessly stealing it because it's a profitable business, rather than riffing on it or iterating on it.
Weird Al generally gets permission to do his work despite the law being clear that he does not have to because artistry is about respect and effort and collaboration.
More importantly for copyright law, despite no legal protection for a "Power hour" format, many groups are able to profit off it simultaneously, because art is not some winner takes all market. Copyright is not about enabling you to profit off of a work indefinitely, copyright is about ensuring that Greedy McBusinessman cannot take your book and sell it for cheaper because he doesn't have to pay your rent and does that for a hundred other artists. It's about who owns the Rights to Copy a work.
If a novel you wrote 15 years ago becomes hugely successful you can capitalize with a sequel. Maybe GRRM would have written them a little faster in that universe.
Or you can't because 57 new sequels were published the week before.
How do the sequels affect this? I read this once more in the same discussion so I am curious.
Let's assume the 1st book goes public. I should be able to use those characters and their known relationship in any which way, no? What's wrong with that, copyright wise?
Have you noticed how the abundance of fan fictions have completely killed famous book series? Me neither.
No, but I think it might happen if copyright lapsed in 14 years.
*28 years, unless you were not invested enough in your work to bother renewing it.
Presumably people would consider a Song of Ice and Fire sequel by GRRM to be "official" and everything else "fanfiction", even if the fanfiction manages to appear in bookstores
But it would only lapse after 28, assuming the author is still interested in pursuing it. 28 years is plenty, IMO.
What fan fiction?
Just in case you're actually unaware, the Organization for Transformative Works https://archiveofourown.org/ Archive Of Our Own (typically shortened to AO3) is where a tremendous amount of such fiction is archived.
So where can a mainstream consumer purchase or borrow a paperback edition of those stories?