Is a Longer Copyright Protection Period Really Better?

2018/06/26

In October 2001, following the enforcement of the Law on Management Business of Copyright and Neighboring Rights, we established NexTone (formerly e-License) and have since operated a copyright management business centered on music for 17 years.

As a copyright management business operator whose primary duty is the protection and utilization of the rights of copyright holders, it is generally thought that a longer copyright protection period is more advantageous. However, is a longer copyright protection period really better? What length is actually appropriate?

The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), which has led the music copyright management business for a long time since before the enforcement of the Management Business Law, argues that "as the distribution of works across borders is expected to increase further with the progress of digitalization and networking, extending the protection period is essential from the perspective of international harmony in copyright protection." I must admit this is a valid point. In other words, their stance is "make it longer!"

However, the purpose stated in Article 1 of the Copyright Act is "to protect the rights of authors, etc., and thereby contribute to the development of culture." While some argue that "a shorter protection period leads to richer derivative works and the development of culture," what length is appropriate for the development of culture? Let's consider the protection period using works contracted with our company as examples, not from the perspective of the rights business, but from a general numerical perspective.

Makoto Shinkai, the creator, screenwriter, and director of the animated film "Your Name.", which was a massive hit two years ago, is 45 years old. Yojiro Noda, the lyricist and composer of four songs including the theme song performed by RADWIMPS, is 32 years old.

For example, if the average life expectancy for men is 80 years, the protection period is 50 years from January 1 of the year following the author's death. For Makoto Shinkai's work, this would be 85 years, and for Yojiro Noda, it would be 98 years. In the case of a work written by a 30-year-old artist, it would be exactly 100 years from the birth of the work. If the protection period is extended to 70 years, it becomes 120 years. It makes me wonder about a protection period that exceeds a century in this way.

This was a while ago, but a court case regarding the copyright protection period in the United States became a hot topic. The U.S., which lacked traditional culture, has a history of focusing on nurturing new cultures such as film and music. As a result, whenever the protection period was about to expire, it was extended by 20 years at a time due to petitions from related organizations—from 30 to 50, then to 70. While people asked if this would be the final revision, the protection for published works (copyrights owned by corporations) like Disney's Mickey Mouse was extended to 95 years from publication.

However, the idea of emphasizing the "public domain," which was the copyright philosophy at the time the U.S. was founded, also remains strong. This idea suggests that if copyright is treated as the common property of humanity, it can be used freely, leading to greater human progress. In short, it is the idea that the protection period should be as short as possible. In the lawsuit regarding the Copyright Term Extension Act, users of copyrighted works argued to the Department of Justice that "the extension act hinders the citation of past works, obstructs free creative activity, and threatens the freedom of expression guaranteed by the Constitution," proposing that the operation of the extension act be stopped.

There are even stories that even Mickey Mouse was originally based on an idea from a mouse drawing left by indigenous people. In the first place, perhaps there is very little "originality" that is born from purely creative and imaginative activities.

Should we think from a broad perspective of human history? Or should we think of protection in a narrow sense? It was because it is such a difficult problem that the whole world was watching. The result was a loss for the public domain by a narrow margin, and the extension of the protection period to 95 years was decided.

Returning to the present, I wonder in what kind of environment the music works being created right now and entrusted to us by many copyright holders will be enjoyed 100 years from now.

100 years ago from now was the era of "The Untouchables," which has been made into TV dramas and movies, when World War I ended and Prohibition was enacted in the United States.

In Japan, songs like Takehisa Yumeji's "Yoimachigusa" and the children's song "Hamabe no Uta" were popular. However, if we go back another 20 years to "Hakone Hachiri" or "Utsukushiki Tennen," I think many people might not quite recognize them.

The Walt Disney Company, founded in 1923, will also soon reach its 100th anniversary. In that sense, could it not be said that the history of copyright protection has walked alongside Disney?

In an era referred to as the 100-year life, what is the appropriate copyright protection period for rights holders and from the perspective of cultural development? It is quite a troubling issue.

*Affiliations and titles are as of the time of writing.