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What is the threat to culture by a \"read-only world,\" and how do the CC licenses provided by Lessig address this threat? Solution The primary argument against the current state of copyright is the length of copyright. As stated above, the Constitution established copyright for a “limited period”. In the first one hundred years of United States history, the term of copyright was increased once (to a 42 year maximum). In the next fifty years, the term was increased once more (to a maximum of 56 years). In the past forty years, Congress has increased the terms of existing and future copyrights; most recently, in 1998, Congress extended existing copyrights by twenty years (Lessig Free Culture ). This prevents many works from entering the “public domain” and becoming part of the common culture. A good example of this is Walt Disney’s “Steamboat Willie”, the first appearance of Mickey Mouse. Before the 1998 copyright amendments, “Steamboat Willie” would have become public domain in 2003: now, it is under copyright until 2023, assuming the law is not changed again. This is particularly ironic, given that Walt Disney and the Disney corporation have made extensive use of “public domain” works (such as The Hunchback of Notre Dame and Treasure Island) in their own production of derivative copyrighted works. Indeed, “Steamboat Willie” is itself a parody of a contemporary Buster Keaton film, “Steamboat Bill Jr.” (Lessig Free Culture ) “Fair use” is a controversial provision in copyright law because it is not clearly defined. The U.S. Copyright Office states “The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission” (“Fair Use”). In practice, it is up to the user to defend his “fair use” right and bear the legal costs of doing so. Jon Else, a documentary filmmaker, was quoted a $10,000 fee to license four and a half seconds of a Simpsons episode that was playing in the background of one scene in a documentary about opera. When he suggested that this was covered under “fair use”, Fox (the copyright distributor) threatened to sue him, leading Else to edit the scene . In some cases, it is difficult or impossible to find the original copyright owner, especially since copyright registration is no longer required. These works are commonly called “orphan works”. Without permission, these works cannot be reprinted or redistributed, and disappear from the culture. When Carnegie Mellon attempted to obtain permission to digitize works in their libraries, they found that 22% of the publishers of those works could not be contacted (“Report on Orphan”). If the owners or publishers of a work cannot be contacted, there is no way to reach an agreement on reprinting and reproduction rights. Without such an agreement, the work in question will eventually become unavailable, except possibly through resellers of used media or through illicit chann.
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