May 22, 2003

Eldred Act

Discussion Draft

http://eldred.cc

Proposed Title: “The Eldred Act”

“Copyright Term Deregulation Act”

“Public Domain Enhancement Act”

Purpose: To allow unused copyrighted works to enter the public domain after 50 years, while allowing copyright owners the full protection of the established copyright term.

Mechanism: Amends Title 17, United States Code.

Findings: Copyright law now grants copyright protection for published work created as early as 1923. Yet the vast majority of creative work created at that time is no longer commercially available. Estimates by the Congressional Research Service show that no more than 2% of the work created during the period of 1923-1942 is commercially exploited. Other estimates confirm that the vast majority of creative work created during the earliest period of copyright protection is no longer commercially available. While creators of the remaining works would likely agree to their public use and dissemination, it is economically infeasible to track them down to obtain their consent.

Substance generally:

• The Act would require copyright owners to pay a small fee to maintain their copyright on any published United States work 50 years after the date of first publication, and every five years afterwards for the duration of the copyright term.

• Unless payment is received by the date due, or during a subsequent 6-month grace period, the work would enter the public domain.

• A form similar to the one used to register a copyright must accompany the fee.

• The information submitted in the form shall be made easily accessible to the public who can use it to clear copyright uses.

• The fee would be paid to the Register of Copyrights, who would have one year from enactment of the Act to establish procedures to collect the fees, minimize the burden of submitting the form, and make the information in the forms publicly available.