Why we'll never in our lifetimes see Tolkien's works public domain...
Due to changes in recent decades, copyright laws after creation or author's death have extended to longer and longer terms (thanks a lot Disney/Mickey-Mouse). It is very likely, congress will KEEP adding extensions to when copyrighted works become public domain, and many analysts are convinced, we have seen the end of public domain.
Here's some great excerpts from someone's discussion on this topic:
" Tolkien died in 1973.
Copyright laws are recognized internationally so they can be enforced in every country in the world. Some countries (like China) tend to ignore that fact but copyrights are recognized world-wide.
To make it super clear for everyone, here are some factoids from the US Copyright Office Website:
1) The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
2) For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
3) For works first published prior to 1978, the copyright term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
Also, I asked Bruce about the TE copyrights and this is what he told me via IM: "For TE has two 28 years terms that can be renewed once...may renew for 67 years. But it's confusing becaue it all depends on when the books were first published/copyrighted...[it looks like] it [the TE license] totals 95 years apparently from publication."
Bruce also said that best case is that Hobbit goes public domain under US law in 2032, and with the new edition in 1966 it may be 2061. Lord of The Rings was published 1954/55 so it runs out 2049 unless the 1966 edition extended it to 2061 again. So, I would say it's 2032 for Hobbit and 2049 for LOTR and then the oldest editions become public domain.
So in conclusion...GENERALLY speaking the norm for international copyrights is life +70 years. Unless it's work for hire like for ICE -then its usually 95 years, period.
Sorry to say it but it looks like we will all have to wait a very looooong time before we're free of the TE copyrights. "
And since it's likely, every time a major media industry has a major money maker coming near terms of expiration to become public domain, their lobby is strong enough to have congress keep adding more and more extensions. They recently doubled the terms in the 90's in response to Disney's trying to hang onto Mickey Mouse, and others.
If Shakespeare had release his works in the 21st century, it's most likely we'd never have seen it become public domain ever.
This is what is happening to the Tolkien world as well. So those who want to build on it, as J.R.R. Tolkien WANTED "Other Hands" to build upon his foundation, than these fans will be relegated to the cadre of criminals and "pirates". And that is exactly what is happening now.
Unless voters in the USA, and other countries stand up and tell their congressmen/representatives/leaders to quit letting a small number of corporations, and a small elite few who have lost any semblance of societal concern or morality (as opposed to many businesses who still have some morality and humanity, but don't have the influence, will, or realization to combat the controlling minority), control everything related to intellect, as their property, for eternity, our culture and society is going to become more and more incarcerated within the limited mindset of those few, year after year.
Even original, non-derivative works get shutdown because of using concepts or ideas that are contrary to these few, and/or are patented, but that's a whole other, though related issue.
Between copyright law, trademark law, and patent law, the human race in developed countries is becoming completely crippled in it's ability to continue to develop culture, art, and technology. It may be only the undeveloped countries that can stop this, unless there's some significant uprising and revolution in the developed countries, and the developed countries are shaping the undeveloped ones in their image, to try to prevent such challenges to their monopolies.
This will become more apparent to those majority who are still blind to it, when it is too late.
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Why we'll never in our lifetimes see Tolkien's works public domain...