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How broken is copyright in the US?

copyright symbolHow broken is copyright in the US? So broken that if you look at two different books, both published by the same publisher (Dodd, Mead & Co.), in the same year (1940), both with copyright notices, and neither with a copyright renewal…one is currently protected by copyright, and the other is in the public domain.

An amazing article by Peter B. Hirtle entitled Copyright Renewal, Copyright Restoration, and the Difficulty of Determining Copyright Status outlines this case, and others that are equally frustrating. Fascinating stuff, and shows how truly broken intellectual property laws are in the current market, with the necessity of international reciprocation and ever-increasing ridiculous time limits. Not to mention that the very model is now shattered with the digital revolution…even without the digital, copyright needs an overhaul. With it? It needs cleansed with fire.

Pick a random book in your library that was published between 1923 and 1964, and check this chart, and see if you can tell if it’s still protected. Now multiply that by a few ten million books, and see what kind of crazy legal situation our legislatures have gotten us into.

By griffey

Jason Griffey is the Director of Strategic Initiatives at NISO, where he works to identify new areas of the information ecosystem where standards expertise is useful and needed. Prior to joining NISO in 2019, Jason ran his own technology consulting company for libraries, has been both an Affiliate at metaLAB and a Fellow and Affiliate at the Berkman Klein Center for Internet & Society at Harvard University, and was an academic librarian in roles ranging from reference and instruction to Head of IT at the University of TN at Chattanooga.

Jason has written extensively on technology and libraries, including multiple books and a series of full-periodical issues on technology topics, most recently AI & Machine Learning in Libraries and Library Spaces and Smart Buildings: Technology, Metrics, and Iterative Design from 2018. His newest book, co-authored with Jeffery Pomerantz, will be published by MIT Press in 2024.

He has spoken internationally on topics such as artificial intelligence & machine learning, the future of technology and libraries, decentralization and the Blockchain, privacy, copyright, and intellectual property. A full list of his publications and presentations can be found on his CV.
He is one of eight winners of the Knight Foundation News Challenge for Libraries for the Measure the Future project (http://measurethefuture.net), an open hardware project designed to provide actionable use metrics for library spaces. He is also the creator and director of The LibraryBox Project (http://librarybox.us), an open source portable digital file distribution system.

Jason can be stalked obsessively online, and spends his free time with his daughter Eliza, reading, obsessing over gadgets, and preparing for the inevitable zombie uprising.

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