Public domain - Access denied | Babbage | The Economist | Jan 10th 2013

"Does the indefinite extension of copyright make economic sense for creators?

ON JANUARY 1st each year the Centre for the Study of the Public Domain at Duke University fetes Public Domain Day. It is a joyous occasion, celebrating the end of copyright protection for works that at long last leave the bosom of legal monopoly for the commonweal. The centre does, however, temper the elation with an important caveat: while much of the rest of the world may take cheer from mass migration of material to the public domain each year, America has not seen one since the 1970s, nor will it until 2019.

The public domain is a catch-all term for material outside of the strictures of reproductive limits, or for which rights were formally foresworn. The centre promotes a balance between a creator's and the public's interest, says Duke's James Boyle. Mr Boyle, one of the drafters of the set of liberal copyright assignment licences known as Creative Commons, invokes countless studies arguing that tight copyright makes sense over short periods, to encourage creative endeavour, but can be counterproductive if extended too far. Yet rightsholders lobby for greater control (and legislators often oblige them) "even when it turns out that it hurts their interest," says Mr Boyle..."