Bill Overview
Title: Copyright Clause Restoration Act of 2022
Description: This bill shortens the copyright protection term to 28 years starting from the date the work was originally secured, to be renewable for an additional 28-year term. (Under current law, for works created after 1977, the general rule is that the copyright term lasts for the life of the author plus 70 years.) The bill shall apply to all works fixed on or after the bill's enactment, except that it shall have retroactive effect for copyrights belonging to an entity that (1) is involved in the motion picture or arts and entertainment industries, and (2) has a market capitalization of more than $150 billion.
Sponsors: Sen. Hawley, Josh [R-MO]
Target Audience
Population: Individuals globally affected by changes to copyright law, including creators, consumers, and corporations
Estimated Size: 100000000
- The bill affects copyright holders worldwide, as copyrights are often internationally recognized.
- Artists and authors who own copyrights would see a significant change in the duration of their rights.
- The retroactive clause targets large corporations in the motion picture and arts and entertainment industries who may lose some of their existing copyrights earlier than expected.
- Consumers and the public could be impacted by the accelerated movement of copyrighted works into the public domain, allowing for free access and use of these works sooner than anticipated.
- The change in copyright policy could influence the way content is created, distributed, and monetized globally.
Reasoning
- The policy will primarily affect individuals and organizations within the U.S. due to the large size of its entertainment industry.
- The retroactive shortening of copyright terms particularly targets corporations with a market capitalization exceeding $150 billion, impacting their existing works.
- Creators may face pressure to innovate more rapidly or adjust their business models due to the reduced timespan of copyright protection.
- The public might benefit from greater access to works entering the public domain sooner, impacting cultural and educational sectors positively.
- The policy might have varying impacts on independent creators versus large corporations, considering their differing capacities to adapt.
Simulated Interviews
Film Producer (Los Angeles, CA)
Age: 45 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This policy could significantly impact our studio's revenue model as it relies heavily on longstanding franchises.
- Retroactive effect could harm our ability to finance new creative projects given that some revenue streams from older works might diminish.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 5 | 6 |
| Year 20 | 4 | 6 |
Indie Game Developer (New York, NY)
Age: 32 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- The reduced copyright term might push me to release new content more frequently.
- While challenging, it encourages staying creative and competitive in the market.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 5 | 7 |
Musician and Composer (Austin, TX)
Age: 28 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I'm concerned that reduced copyright terms could lower my long-term earnings from tracks created years ago.
- Increased exposure could introduce my older work to new audiences as they enter the public domain, potentially increasing live performance opportunities.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 6 |
Software Engineer (San Francisco, CA)
Age: 40 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- The policy has little effect on my day-to-day work.
- However, as our company grows, reduced protections could change how we handle licensing or open sourcing older projects.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 7 |
University Professor (Cincinnati, OH)
Age: 55 | Gender: female
Wellbeing Before Policy: 9
Duration of Impact: 20.0 years
Commonness: 7/20
Statement of Opinion:
- The policy will likely increase access to a broader range of literature for educational purposes.
- I'm hopeful this will lead to enriched academic curricula and encourage new scholarly research.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 9 | 9 |
| Year 2 | 9 | 9 |
| Year 3 | 9 | 9 |
| Year 5 | 9 | 9 |
| Year 10 | 10 | 9 |
| Year 20 | 10 | 9 |
Animator (Miami, FL)
Age: 37 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- Reduced terms might mean less control over my older work, but could also open possibilities for collaborative efforts using public domain material.
- It might make me reprioritize contract work focused on new, shorter projects.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 7 |
| Year 20 | 5 | 7 |
Graduate Student in Law (Boston, MA)
Age: 25 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 2.0 years
Commonness: 6/20
Statement of Opinion:
- The policy provides a unique case to explore the balance between creator rights and public accessibility.
- I hope to see more creative ways to use public domain assets in education and innovation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Retired Librarian (Seattle, WA)
Age: 60 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 10/20
Statement of Opinion:
- The accelerated addition of materials to the public domain is a positive move for public libraries.
- It could greatly enhance collections, especially digital archives, providing wider access to the community.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 9 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 8 | 7 |
CEO of a software startup (Chicago, IL)
Age: 50 | Gender: other
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This could lead to greater innovation in our industry by democratizing older creative assets.
- We may need to adjust our business strategy to provide even better services to independent artists navigating shorter copyright terms.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 7 | 7 |
Non-Profit Director (Portland, OR)
Age: 48 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 11/20
Statement of Opinion:
- I see potential for our programs to incorporate more resources as they enter the public domain sooner.
- This policy could complement our mission by reducing barriers to arts education.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 9 | 8 |
| Year 10 | 9 | 8 |
| Year 20 | 8 | 8 |
Cost Estimates
Year 1: $50000000 (Low: $30000000, High: $70000000)
Year 2: $25000000 (Low: $15000000, High: $35000000)
Year 3: $25000000 (Low: $15000000, High: $35000000)
Year 5: $20000000 (Low: $12000000, High: $28000000)
Year 10: $15000000 (Low: $9000000, High: $21000000)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- Impact on international agreements regarding copyright harmonization.
- Legal complexity and potential litigation resulting from retroactive changes.
- Responses from industries heavily reliant on copyright protections, such as film and publishing.