The Debate over the Stop Online Piracy Act Should Direct Some Attention to the Duration of Copyright Protection in the U.S.

The English language Wikipedia is shut down as of this writing to demonstrate its opposition to the Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA) being debated by Congress. [1]  Wikipedia’s concern is that the proposed legislation “could fatally damage the free and open Internet.” [2]

The substance of the debate is being covered by a variety of sources, and your humble servant will simply observe that intellectual property deserves protection and the First Amendment must be protected.  But true to the name of this blog, it seems fitting to look at the issue of copyright protection from a different perspective, and examine an aspect of copyright law that deserves your attention.

Article I, Section 8 of the U.S. Constitution empowers Congress “[t]o 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….” [3]  The words “limited Times” are key here.

The very first Copyright Act enacted pursuant to that constitutional authorization was signed into law by President George Washington in 1790. [4]  The Act provided copyright protection for a period of 14 years, with the right of renewal for another 14 years.

Today, a longer duration of copyright protection is provided by the Sonny Bono Copyright Term Extension Act of 1998. [5]  The Act was named for the Sonny Bono of Sonny and Cher fame, who found a second career in Congress. 

Under this Act, for works created after January 1, 1978, copyright protection is given ordinarily for the lifetime of the author, plus 70 years after the author’s death.  Works made for hire, i.e., for the company the author or authors work for, are protected for 95 years from publication, or 120 years from creation, whichever is shorter.  Many works created before 1978 are also protected for 95 years.

This modern duration of copyright protection is beyond the scope of any possible social utility.  “Ridiculous” is the word that comes immediately to mind.  It is to be hoped that the current debate over SOPA and PIPA will direct some attention to this absurdity in U.S. copyright law.