Bookmark Stew (Part 3)
13 years ago
Billy the Kid Returns.
Until next time, Happy Treasure Hunting,
-Professor Damian
Dragnet 4.
THIS IS A TRUE STORY. It is known to the police department of one of our largest cities as the most difficult homicide case in its experience, principally because of the diabolical cleverness, intelligence and cunning of a completely unknown killer... The record is set down here factually ---- as it happened ---- only the names are changed ---- to protect the innocent.
One of Walt Disney's earliest creations was Oswald the Lucky Rabbit. After the cartoon proved popular, a New York distributor used an advantage in its contract to take control of Oswald, then hired away many of Disney's artists. Mickey was the product of a desperate comeback attempt by Walt and his brother. After that painful experience, the Disneys "held on to everything they did with a ferociously strong grip," former company Vice Chairman Roy E. Disney said recently.
...my hero, Walt Disney, created this extraordinary work, the birth of Mickey Mouse in the form of Steamboat Willie. But what you probably don't recognize about Steamboat Willie and his emergence into Mickey Mouse is that in 1928, Walt Disney, to use the language of the Disney Corporation today, "stole" Willie from Buster Keaton's "Steamboat Bill."
It was a parody, a take-off; it was built upon Steamboat Bill. Steamboat Bill was produced in 1928, no [waiting] 14 years--just take it, rip, mix, and burn, as he did to produce the Disney empire. This was his character. Walt always parroted feature-length mainstream films to produce the Disney empire, and we see the product of this. This is the Disney Corporation: taking works in the public domain, and not even in the public domain, and turning them into vastly greater, new creativity. They took the works of this guy, these guys, the Brothers Grimm, who you think are probably great authors on their own. They produce these horrible stories, these fairy tales, which anybody should keep their children far from because they're utterly bloody and moralistic stories, and are not the sort of thing that children should see, but they were retold for us by the Disney Corporation. Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone.
It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look--no hands, the term expands.
Eleven times in the last 40 years it has been extended for existing works--not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act. Those of us who love it know it as the Mickey Mouse protection act, which of course [means] every time Mickey is about to pass through the public domain, copyright terms are extended. The meaning of this pattern is absolutely clear to those who pay to produce it. The meaning is: No one can do to the Disney Corporation what Walt Disney did to the Brothers Grimm. That though we had a culture where people could take and build upon what went before, that's over. There is no such thing as the public domain in the minds of those who have produced these 11 extensions these last 40 years because now culture is owned.