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{"id":5523,"date":"2022-05-11T14:38:58","date_gmt":"2022-05-11T14:38:58","guid":{"rendered":"https:\/\/scienceandnerds.com\/2022\/05\/11\/josh-hawley-wants-to-punish-disney-by-taking-copyright-law-back-to-1909-and-that-sucks\/"},"modified":"2022-05-11T14:38:59","modified_gmt":"2022-05-11T14:38:59","slug":"josh-hawley-wants-to-punish-disney-by-taking-copyright-law-back-to-1909-and-that-sucks","status":"publish","type":"post","link":"https:\/\/scienceandnerds.com\/2022\/05\/11\/josh-hawley-wants-to-punish-disney-by-taking-copyright-law-back-to-1909-and-that-sucks\/","title":{"rendered":"Josh Hawley wants to punish Disney by taking copyright law back to 1909 and that sucks"},"content":{"rendered":"

Source: https:\/\/www.theverge.com\/2022\/5\/10\/23066030\/hawley-copyright-disney-mickey-mouse<\/a>
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I have been told to blog about Senator Josh Hawley\u2019s new copyright bill<\/a>, and I do this with nothing but the greatest reluctance. Normally, I love talking about copyright! I\u2019ll talk about copyright all day long! [Ed note: And she does.]<\/em> But writing this post is agony, because the thought of giving this absolutely asinine piece of legislation any attention is killing me on the inside. <\/p>\n

This is a deeply unserious bill. There is not a line in it that is meant to pass muster. It is knowingly in violation of the Constitution<\/a>, and an insult to the democratic process. <\/p>\n

In brief, the bill is targeted at the Walt Disney Company, also known as, <\/p>\n

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a person that (i) has a market capitalization of more than $150,000,000,000; and (ii)(I) is classified under North American Industry Classification System code 5121 or 71; or (II) engages in substantial activities for which a code described in subclause (I) could be assigned.<\/em><\/p>\n<\/blockquote>\n

The bill would set copyright terms to 28 years (plus a potential renewal of another 28 years) for all works going forward. Except, that is, for the copyrights owned by the Walt Disney Company (aka the person in the room with a market capitalization of more than $150 billion). The 28-year term would apply retroactively <\/em>to Disney, stripping it of intellectual property assets going back to Steamboat Willie<\/em>.<\/p>\n

The 28-year copyright term is a throwback to the Copyright Act of 1909. The requirement for an application for an extension is, similarly, an outdated legal formality that was abandoned by the Copyright Act of 1973, barred from future law when the United States signed onto the international copyright treaty known as the Berne Convention<\/a> in 1988, and further precluded by a succession of trade agreements (for example, NAFTA<\/a> in 1994, KORUS<\/a> in 2007). A reduction of copyright terms to 28 years is also barred by international law<\/a>. <\/p>\n

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