Argument: Long copyright stifles creative responses to and re-workings of the original work

Artistic creations, be they books, films, paintings, etc. serve as a spark for others to explore their own creativity. Much of the great works of art of the 20th century, like Disney films reworking ancient fairy tales, were reexaminations of existing works. [1] That is the nature of artistic endeavor, and cutting it off by putting a fence around works of art serves to cut off many avenues of response and expression. When copyright is too long, the work passes beyond the present into a new status quo other than that in which it was made. This means contemporary responses and riffs on works are very difficult, or even impossible. In the United States tough copyright law has prevented the creation of a DJ/remix industry because the costs of such remixing is prohibitive. [2] While a certain length of copyright is important, it is also critical for the expression of art to develop that it occur within a not overlong time. Furthermore, it is valuable for artists to experience the responses to their own work, and to thus be able to become a part of the discourse that develops, rather than simply be dead, and thus voiceless.

[1] Keegan, V. “Shorter Copyright Would Free Creativity”. The Guardian. 7 October 2009, http://www.guardian.co.uk/technology/2009/oct/07/shorter-copyright-term

[2] Jordan, Jim, and Teller, Paul, “RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it” The Republican Study Committee, 16 November 2012, http://infojustice.org/wp-content/uploads/2012/11/three-myths.pdf

Candidate 1: "Inefficient or not, artists should have the right to retain control of their creations. Even if they are not making any money out of it, they still have the right, and often the desire, to maintain control of the way their art is used. If artists do not desire such control, they can opt to release their works into the public domain, while allowing those who do not wish to do so to protect their work."
Candidate 2: "While there is value in other artists exploring their own creativity by means of others’ work, it does not give them an overriding right. Rather, artists should have a meaningful control over how their art is disseminated and viewed in the world, as it is ultimately their creation. Furthermore, the protections copyright affords means that the responses that do arise must be more creative and novel in and of themselves, and not simply hackneyed riffing on existing work. This helps to benefit the arts by ensuring that there is regular innovation and change."
Candidate 3: "The problems associated with “orphan works” can be sorted out separate from limiting copyright length. It simply demands a closer attention from executors and legal professionals to sort these issues out. In terms of availability, it must be up to the artist to release the work as he or she sees fit. Encouraging artists and their successors to release their works into the public domain could go a long way to solving this problem without recourse to adulterating existing protections."
Candidate 4: "The artistic drive to create is rarely stifled by having been successful. Individuals deserve to profit from their success and to retain control of what they create in their lifetime, as much as the founder of a company deserves to own what he or she creates until actively deciding to part with it. However, even patents, novel creations in themselves, have far less protection than copyright. While most patents offer protection for a total of twenty years, copyright extends far beyond the life of its creator, a gross overstretch of the right of use. [1]

[1] Posner, Richard A., “Patent Trolls Be Gone”, Slate, 15 October 2012, http://www.slate.com/articles/news_and_politics/view_from_chicago/2012/10/patent_protection_how_to_fix_it.html"

While there is value in other artists exploring their own creativity by means of others’ work, it does not give them an overriding right. Rather, artists should have a meaningful control over how their art is disseminated and viewed in the world, as it is ultimately their creation. Furthermore, the protections copyright affords means that the responses that do arise must be more creative and novel in and of themselves, and not simply hackneyed riffing on existing work. This helps to benefit the arts by ensuring that there is regular innovation and change.
