Tag Archives: Copyright law

‘Digital Barbarism,’ by Mark Helprin

For modernity, ceaselessly mercurial, is nothing more than obsolescence yet to occur. To put one’s faith in or devote one’s attentions to it is to chase after a vapor.

Back when I was toiling through library school, one of the topics we were supposed to study was Copyright. The material they gave us to read was pretty uniformly partisan – on the side of the Creative Commons and against Copyright (or at least its extension). Much was made of the tyranny of Disney (though Disney generally holds trademarks rather than copyrights, but it’s all Intellectual Property). As a holder of copyrights myself, I found such material a little troubling, but I had no established principles on the topic in general (I hadn’t even known it was a topic), so – as I recall – I accommodated myself to the crowd, and wrote something about how copyright might be necessary for a while, but the free flow of information meant copyrights ought to end as early as reasonably possible.

Meanwhile, Mark Helprin, one of our greatest living authors, wrote (as he tells us) an op-ed for the New York Times. He thought an article about Copyright would be innocuous. He argued for its extension, so that a writer’s heirs can enjoy the fruits of their parent’s work just like the heirs of businessmen. He was astonished to discover that he had unleashed a firestorm of online comments from copyright abolitionists, who understood him to be arguing for everlasting copyright. This roused his fighting spirit, and so he came to write Digital Barbarism: A Writer’s Manifesto.

The book is quite long. It probably could have been shorter, but Helprin clearly warmed to his topic as he labored. He regards the anti-copyright movement as a branch of Marxism, its general war against property. The world has no lack of people (generally without productive ability of their own) who believe that property is theft, and that if the greedy owners would just fork over, all the world’s problems would be fixed. Creators, it is assumed, will just continue toiling away for the love of creation itself.

As far as I can learn, Helprin’s fears haven’t come true. Copyright continues in force, and its opponents seem to be a small (if loud-voiced) group. He must also be gratified by the current resurgence in the purchase of paper books, something he does not foresee in this work.

Digital Barbarism is full of Helprin’s vivid prose, which is always worth reading. I did weary of the argument somewhat after a while, though.

Sherlock Holmes goes public in 2023

Big news in the literary world today – as this article from the Chicago Sun Times reports, Sherlock Holmes will finally be wholly in the public domain as of tomorrow, the last copyrights for his stories having run out. (If I understand correctly, most of the stories are already out of copyright, but Doyle was still cranking the things out – reluctantly – in 1927).

That was two years before he was filmed doing the interview above. It’s ten minutes divided into two halves. The first half – the interesting part – tells how he came to write Holmes, and discusses the character’s fame. In the second half, Doyle climbs up on his perpetual hobbyhorse, Spiritualism. You, like me, might want to give that part a miss.

I think Doyle underrates himself as a writer in this monologue. He suggests that the great appeal of Sherlock Holmes was the logical, “scientific” approach to problem solving. I think the great draw was always the inherent interest of the characters, especially the friendship between Holmes and Watson.

One of the little stock speeches I often employ to repel prospective acquaintances involves a comparison between Sherlock Holmes and James Bond. If you watch very old Holmes movies (and I’ve viewed a few lately), you might be surprised to see that they’re always set in the years when the film is made. Thus we see him and Watson tootling around in automobiles and talking over phones. (In one strange film, The Speckled Band [1931], Raymond Massey plays a youngish Holmes employing a stable of secretaries to continually collate information for him, like a primitive database.)

I like to point out that people in the early 20th Century saw Holmes just the way we see James Bond today. The Bond stories were originally written in the 1950s and ‘60s, but the movies began in the ‘60s and have gone on from there. Thus we think of Bond as a contemporary. We assume he’s operating in 2022 (soon 2023), and that he carries a cell phone and uses a PC, among other things. The fact that this is a very different level of technology from what’s found in Ian Fleming’s original stories doesn’t bother us at all.

In exactly the same way, people in the 1920s thought of Holmes as a man of their time. They expected him to drive a car and use a phone (and in fact, in the later Doyle stories he actually does those things). The idea that Holmes should be stuck in the late 19th Century only came later. The Hound of the Baskervilles with Basil Rathbone (1939) was the first movie to put him back in period, and that was an innovation.

A blessed New Year to you.

Free book news!

One of the most complex matters they made us study in library school was copyright. Like so many matters of law in the US, it has grown and metastasized to the point where I (personally) doubt that anyone really understands it.

One of the problems in copyright law has been that US statute has extended copyright protection far beyond the original term (it was 14 years at first, as I recall). Now copyright lasts long beyond the author’s lifetime. This may be a boon to the heirs and agents of authors of enduring bestsellers, but in fact most of the books published from the 1920s to the 1940s are now out of print, but still protected. Now the Internet Archive is making a collection of these books (ironically named after Sonny Bono) available, through a loophole in the law. And more are to come.

The Internet Archive is now leveraging a little known, and perhaps never used, provision of US copyright law, Section 108h, which allows libraries to scan and make available materials published 1923 to 1941 if they are not being actively sold. Elizabeth Townsend Gard, a copyright scholar at Tulane University calls this “Library Public Domain.” She and her students helped bring the first scanned books of this era available online in a collection named for the author of the bill making this necessary: The Sonny Bono Memorial Collection. Thousands more books will be added in the near future as we automate. We hope this will encourage libraries that have been reticent to scan beyond 1923 to start mass scanning their books and other works, at least up to 1942.

I expect that this might make a lot of hard-boiled mysteries available again, for free. Good news for me.

Read it all here. Hat tip: Books, Inq., thanks to Dave Lull.