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  • From: Eldred Press List <press AT eldred.cc>
  • To: eldred-press AT lists.ibiblio.org
  • Subject: [Eldred-press] Movement to Reclaim Public Domain Wins Congressional Support
  • Date: Wed, 25 Jun 2003 11:18:22 -0700

Title: Movement to Reclaim Public Domain Wins Congressional S
News from . . .

U.S. Representatives Zoe Lofgren
and John Doolittle

For Immediate Release:                               
June 25, 2003

CONTACT:       
Christine Glunz (Lofgren) 202-225-3072                                           
Richard Robinson (Doolittle) 202-225-2511
                       
Reps. Lofgren and Doolittle Announce the Public Domain Enhancement Act to Address the Need for Copyright Reform
Allows Abandoned Works to Enter the Public Domain

Washington, D.C. - U.S. Representatives Zoe Lofgren (D-San Jose) and John Doolittle (R-Rocklin) today introduced the Public Domain Enhancement Act, addressing the need to reform copyright laws identified in the recent Supreme Court decision of Eldred v. Ashcroft.  

The Public Domain Enhancement Act offers American copyright owners with continuing interest in works an easy way to maintain their copyrights while allowing abandoned works to enter the public domain.  It requires that American copyright owners pay a simple $1 fee to maintain their copyrights 50 years after publication.  If the owner fails to pay the $1 fee, the copyright expires and the work enters the public domain.  In addition, copyright owners are required to submit a form identifying the copyright holder to facilitate proper licensing of copyrighted works. 

"Our Founding Fathers recognized that society has an interest in the free flow of ideas, information and commerce," said Lofgren.  "That is why copyright protection does not last forever.  This bill will breathe life into older works whose long-forgotten stories, songs, pictures and movies are no longer published, read, heard or seen.   It is time to give these treasures back to the public."

"Opening access to historical works for restoration and rehabilitation is essential toward ensuring that classics will be appreciated and cherished for future generations to come," said Doolittle.  "I am proud to join my colleague Zoe Lofgren in sponsoring this common-sense legislation and greatly appreciate the broad base of support it has received."

When a copyright ends, the works they protect enter the public domain, where they can be freely copied or used to create derivative works.   Commercial and noncommercial creators depend on a healthy public domain as a source of raw material for new productions, such as a movie based on an old book or a theme song based on old musical arrangements.  Schools, museums and libraries also use works in the public domain to create pictorial and textual materials for educational and cultural purposes.  Archivists depend on the public domain to restore and preserve historical works and book publishers rely on the public domain to print titles and make them available to the public at reduced prices. 

In 1998, Congress passed the Copyright Term Extension Act (CTEA), extending the term of copyright laws by 20 years for works copyrighted after the year 1923.  In his dissent in the Eldred v. Ashcroft case upholding CTEA, Supreme Court Justice Breyer found that only about 2% of copyrights between 55 and 75 years old retain commercial value.  Yet under the CTEA, these works will not enter the public domain for many years.  This prevents commercial entities and the public from building upon, cultivating and preserving these works.

###
________________________________________________________________

MEDIA RELEASE
From eldred.cc

June 25, 2003

CONTACT:
Lauren Gelman
gelman AT stanford.edu   +1 650-724-3358


Movement to Reclaim Public Domain Wins Congressional Support
Lofgren, Doolittle  Introduce Eldred Act;  Libraries Endorse

Washington, DC - U.S. Representatives Zoe Lofgren (D-San Jose) and John Doolittle (R-Rocklin) today introduced the Public Domain Enhancement Act, legislation that will ensure that abandoned works pass into the public domain so that others can preserve, archive, and build upon them.

"As one of the signors of our petition writes, this is the battle for the future of our past," said Lawrence Lessig, professor of law at Stanford Law School, and a chief supporter of the Act.  "An extraordinary number of people have come together to ask Congress to help reclaim the public domain. We are grateful that Representatives Lofgren and Doolittle have heard those voices and begun the process."

As described at http://eldred.cc, the Act would require American copyright owners to pay a very low fee fifty years after a copyrighted work was published. If the owner pays the fee, the copyright will continue for whatever duration Congress sets. If they do not, the work would pass into the public domain.

Also today, the American Association of Law Libraries, the American Library Association, and the Association of Research Libraries sent a letter to Congress expressing their support for the Act.  The letter states in part, "It is difficult and costly for libraries to track down copyright holders of older materials."  According to the libraries, the provision of the Act that creates a database of copyright holder who have paid the Eldred fee will assist libraries by providing "a single database that could be easily and quickly searched to determine whether or not a particular work remains under copyright protection or is in the public domain."  This will allow libraries to continue their mission "to promote the advancement of knowledge by digitizing materials and preserving our history and cultural heritage for future generations."

The libraries join a growing list of groups and individuals endorsing the Act.  Earlier this month film directors and actors sent Congress a letter of support for the Act.  On June 20, Archivists sent one as well.  And on June 3rd, citizens launched an online Petition to Reclaim the Public Domain, urging Members of Congress to support the Act.

"There is a wide range of groups and individuals who are joining this campaign to urge Congress to balance copyright protection with respect for the public domain," said Lessig. "This bill would unlock the vast potential of the Internet to lower the cost of access to information and to enable creativity."

"Every day support for preserving our history and culture grows," said Lauren Gelman, an attorney who is managing the campaign to pass the Public Domain Enhancement Act.  "Over 15,000 people have signed the Petition to Reclaim the Public Domain. These are citizens who want Congress to know they care, and they vote."

The Bill, petition, letters of support and more information on the Public Domain Enhancement Act are available at: http://eldred.cc

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eldred.cc serves as the focal point for information about the campaign to pass the Public Domain Enhancement Act.  Founded as part of the legal action to overturn the Sonny Bono Copyright Term Enhancement Act, it now houses all the documents from that case, as well as new and up-to-date information about advocacy efforts to promote the Act.  It is maintained and supported by individuals working to reclaim the public domain through litigation and legislation.

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[eldred-press] is a mailing list dedicated to disseminating information about the campaign to reclaim the public domain.   If you wish to be removed, please email press AT eldred.cc and we will do so.



  • [Eldred-press] Movement to Reclaim Public Domain Wins Congressional Support, Eldred Press List, 06/25/2003

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