this post was submitted on 21 Jan 2024
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Setting aside the topic of generative AI, isn't it about time that Pokemon goes to the public domain?
It's been a long time since I read Lawrence Lessig, but I think we would undo Disney's mods to copyright laws and allow more cultural remixing after a reasonable time. Like maybe 20 years instead of a century?
Legally? No, it's not time for it to enter public domain.
That being said, yes, Pokemon should be close. The original copyright term in the US was 17 years with an additional 17 years extension. 34 years is plenty time to get money out of a work. It's time we stop letting corporations exploit the public domain without giving back
Copyright duration and rules are ripe for a complete overhaul, but it is worth noting that the so-called “Mickey Mouse Protection Act” really just put the US in line with the other countries in the Berne Convention, which the US had dragged its feet on signing onto for decades. Once the US agreed to respecting international rules for IP, offering a shorter copyright duration than Europe was an obvious disadvantage.