In some
countries, including the United States, copyright law has a constitutional
basis. In fact, there is a provision in the United States Constitution that
refers to the right of an inventor or creator to have a property interest in
the fruit of his or her creative endeavors for a period of time. The underlying
concept is that a person should be able to profit from his or her creative and
intellectual efforts. The only way that right can be protected is through a
legally recognized protection of those interests.
From that starting
point, various copyright laws have been written and established through the
years. For a significant stretch of time, a person was granted a copyright
interest in a piece of his of her work for a set period of time. With that
said, a person could then go back and renew his or her copyright interest for
another period of time during that person's life. In theory, a person's estate
-- following the death of the original copyright owner -- could also renew the
copyright for another term.
In time, there was concern that this
open-ended approach to copyright law was restricting different intellectual
properties -- books, treatises and the like -- from being more widely accessed.
The argument was that copyright law -- as established in the Constitution --
was never intended to provide the initial creator of written work with a never
ending right to profit exclusively from that copyrighted material.
As
a result, beginning in the late 20th century and carrying forward into the 21st
century, there were movements afoot designed to change the manner in which
copyright law was written and enforced. In short, there was a need to open
copyright law which would impose some new restrictions on the copyright creator
to exclusively enjoy the fruits of his or her labors for a seemingly indefinite
period of time.
A significant revolution in copyright law, such as in the
United States, did not happen. Rather, the copyright laws were amended in an
act that has become known as the Mickey Mouse Bill or the Disney Bill. (The
legislation was enacted when the copyright on Mickey Mouse related materials
was set to expire. The new legislation gave new life to Disney in regard to its
exclusive interest in Mickey Mouse.)
In any event, by the 21st
century, the copyright law in the United States (and which has been adopted in
similar forms in some other countries) grants the creator of a piece of written
work an exclusively interest in that intellectual property for his or her
lifetime plus seventy-five years. Because the legislation arose somewhat
through a process of Solomon dividing the baby, it remains the subject of
controversy on many levels.















