Yet another article about copyright

How long can you own a song?
image © Robert W Harwood  ; )

Writing about a song like "St. James Infirmary" inevitably leads one to consider the nature of copyright, including how copyright law relates to societal well-being. This is because SJI never had an original composer, and yet was saddled by copyright restrictions for decades. Those with a financial interest in copyright generally argue that its protection should be extended in order to protect the creative community. The artist is an original talent, this argument often goes, who should be rewarded; that will stimulate others to contribute their original creations.

But there are no original creations.

In January 2016 the "Association of Research Libraries" published a document illustrating where many creative ideas originated. Twain, Shakespeare, Milton, Tolkein, Bowie, Bach, Beethoven, Dylan, Lennon & McCartney, JayZ, Michelangelo, Manet, Picasso are among those cited. (Their 15 page pdf, a very engaging read, can be downloaded here: Nothing-New-Under-the-Sun.)

"... authors do not create in a vacuum" the document asserts. "The raw material for their creativity is existing works. Artists borrow themes, styles, structures, tropes, and phrases from works that inspire them. And if copyright overprotects existing works—if it restricts authors’ ability to build on the creative output of authors who came before them—it will be more difficult for authors to create."

Overprotection by copyright inhibits creative growth; it weakens our society.

In 1988 the U.S. House of Representatives published the following:
"Under the U.S. constitution, the primary objective of copyright law is not to reward the author, but rather to secure for the public the benefits derived from the author's labors. By giving authors an incentive to create, the public benefits in two ways: when the original expression is created and ... when the limited term ... expires and the creation is added to the public domain."

Internationally, the original intent of copyright law was to enrich the public - and so limits were placed on the period in which a creation was protected.

"St. James Infirmary" was removed from the public domain in 1929.Were it not for the fact that it so obviously is not an original composition, it would still be under copyright until 2024. If Irving Mills had been able to copyright the song under today's laws, the date it returns to the public domain would be 2055 - seventy years after his death, 127 years after its initial copyright. This is much too long.

(Mickey Mouse was copyrighted one year before "St. James Infirmary." You can read about that here: How-Mickey-Mouse-Evades-the-Public-Domain.)