Is a Longer Copyright Protection Period Really Better?

In October 2001, following the enforcement of the Law on Management Business of Copyright and Neighboring Rights, we established NexTone (formerly e-License) and have operated a copyright management business centered on music for the past 17 years.

As a copyright management business operator whose primary duty is the protection and utilization of the rights of copyright holders, it is generally thought that a longer copyright protection period is more advantageous. However, is a longer copyright protection period really better? What length is actually appropriate?

The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), which has led the music copyright management business for many years since before the enforcement of the Management Business Law, argues that "as the distribution of works across borders is expected to increase further with the progress of digitalization and networking, extending the protection period is essential from the perspective of international harmony in copyright protection." One must admit this is a reasonable point. In other words, their stance is "Make it longer!"

However, the purpose stated in Article 1 of the Copyright Act is "to secure the protection of the rights of authors, etc., and thereby contribute to the development of culture." While some voices suggest that "a shorter protection period leads to richer derivative works and contributes to the development of culture," what length is actually appropriate for the development of culture? Let us consider the protection period using our company's contracted works as examples, not from the perspective of the rights business, but from a general numerical perspective.

Makoto Shinkai, the creator, screenwriter, and director of the animated film "Your Name.", which was a massive hit the year before last, is 45 years old. Yojiro Noda, the lyricist and composer of the four theme songs performed by RADWIMPS, is 32 years old.

For example, if the average life expectancy for men is 80 years, the protection period lasts for 50 years starting from January 1 of the year following the author's death. This would mean 85 years for Makoto Shinkai's work and 98 years for Yojiro Noda's. In the case of a work written by a 30-year-old artist, it would be exactly 100 years from the birth of the work. If the protection period is extended to 70 years, it becomes 120 years. It makes one wonder about a protection period that exceeds a century in this way.

This is a story from a little while ago, but a lawsuit regarding the copyright protection period in the United States became a hot topic. The U.S., which lacked a traditional culture, has a history of focusing on the cultivation of new cultures such as film and music. As a result, whenever the protection period was about to expire, it was extended by 20 years at a time due to petitions from related organizations—from 30 years to 50, then to 70. While it was asked if this would be the final revision, the protection for published works (copyrights owned by corporations) such as Disney's Mickey Mouse was extended to 95 years from publication.

However, the idea of emphasizing the "public domain," which was the copyright philosophy at the time the U.S. was founded, also remains strong. This view holds that if copyright is treated as the common property of humanity, it can be used freely, leading to greater human progress. In short, it is the idea that the protection period should be as short as possible. In the lawsuit over the Copyright Term Extension Act, users of copyrighted works argued that "the extension act prevents the citation of past works, hinders free creative activity, and threatens the freedom of expression guaranteed by the Constitution," and proposed to the Department of Justice that the operation of the extension act be halted.

There are even stories that even Mickey Mouse was originally based on ideas from mouse drawings left by indigenous people. In the first place, perhaps there is very little "originality" that is born from purely creative and imaginative activities.

Should we think from a broad perspective of human history? Or should we think of protection in a narrow sense? It was precisely because it is a difficult problem that the whole world was watching. The result was a loss for the public domain by a narrow margin, and the extension of the protection period to 95 years was decided.

Returning to the present, in what kind of environment will people be enjoying the music works that are being created right now and entrusted to us by many copyright holders 100 years from now?

Looking back 100 years from now, it was the time when World War I ended, Prohibition was enacted in the U.S., and it was the era of "The Untouchables," which became a TV drama and a movie.

In Japan, songs like Takehisa Yumeji's "Yoimachigusa" and the school song "Hamabe no Uta" seemed to be popular, but if we go back another 20 years to "Hakone Hachiri" or "Utsukushiki Tennen," I think many people might not quite recognize them.

The Walt Disney Company, founded in 1923, will also soon reach its 100th anniversary. In that sense, could it not be said that the history of copyright protection has walked hand-in-hand with Disney?

In an era referred to as the 100-year life, what is the appropriate copyright protection period for both rights holders and from the perspective of cultural development? It is quite a vexing problem.

*Affiliations and titles are as of the time of writing.