WEBVTT - Why Can’t You Copyright a Chicken Sandwich?

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<v Speaker 1>Guess what will?

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<v Speaker 2>What's that mango?

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<v Speaker 1>So this week I started looking up Harry Potter knockoffs

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<v Speaker 1>and they are so terrible. I love them so much,

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<v Speaker 1>all right, So what'd you find? So there's this one

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<v Speaker 1>book in Spanish called Harry Porez and he's got his

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<v Speaker 1>friends Ron and Harmonia and they take on this evil

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<v Speaker 1>character named Condo Mort. I love how they change everyone's

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<v Speaker 1>name except Ron's, like there's no alternative name from Ron.

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<v Speaker 1>There's also one from Russia where he's kind of more

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<v Speaker 1>of a rock star and he rides a double bass

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<v Speaker 1>instead of a broom. But my favorite one is from China,

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<v Speaker 1>where Harry has to chase down Voldemort's protege Jandamort, who

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<v Speaker 1>apparently used to work for the circus under the name

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<v Speaker 1>Naughty Bubble. And there's also kind of into that to

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<v Speaker 1>check this out for some reason, there's also a character

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<v Speaker 1>named Big Spinach in it, but none of it makes

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<v Speaker 1>any sense. And can you imagine, like how bummed you'd

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<v Speaker 1>be if you ask for a Harry Potter book from

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<v Speaker 1>your parents and instead they brought you one of these

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<v Speaker 1>knock on ma I'm kind of into the but you know,

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<v Speaker 1>seeing all these crazy titles. Maybe wonder how does copyright work?

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<v Speaker 1>Like why can you remix a Sherlock home story but

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<v Speaker 1>not use Felix the Cat to advertise your work? Like

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<v Speaker 1>why are people so excited about twenty nineteen's public domain day.

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<v Speaker 1>We're gonna get into all of this. Let's dig in.

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<v Speaker 3>Hey, the podcast listeners, welcome to Part Time Genius. I'm

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<v Speaker 3>Will Pearson and as always I'm joined by my good

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<v Speaker 3>friend Mangush hot ticketter and on the other side of

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<v Speaker 3>the soundproof glass celebrating the demise of copyright by eating

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<v Speaker 3>Those are those Charleston jew They are dancing with Charleston.

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<v Speaker 3>That's our friend and producer Tristan McNeil. All right, so

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<v Speaker 3>just explain a little bit. I have to point out

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<v Speaker 3>that part of the reason Christin is doing this is

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<v Speaker 3>because he's lairing the Charleston song. It took me a

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<v Speaker 3>minute to figure this out. You could probably hear this

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<v Speaker 3>in the background now. The song itself was written to

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<v Speaker 3>accompany the dance back when it debuted back in nineteen

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<v Speaker 3>twenty three, and it kicked off this national craze. What's

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<v Speaker 3>notable about this is that twenty nineteen actually marks the

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<v Speaker 3>end of the Charleston Songs copyright protection. I don't know

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<v Speaker 3>if you knew this, if you've been following this, but

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<v Speaker 3>that is the case. So now anyone can make a

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<v Speaker 3>new recording of the song or play a nineteen twenty

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<v Speaker 3>three performance of it on a podcast, all without having

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<v Speaker 3>to pay a dime or worry about getting sued at

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<v Speaker 3>least I hope that.

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<v Speaker 1>Which is obviously great news for any listeners who are

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<v Speaker 1>into the Charleston or at least as into it as

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<v Speaker 1>Kristan is. Apparently I guess so.

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<v Speaker 3>But you know, it turns out there's a lot of

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<v Speaker 3>reasons the party like it's nineteen twenty three this month,

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<v Speaker 3>even if you're not a Charleston fan, And that's because

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<v Speaker 3>a slew of works from this year have just entered

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<v Speaker 3>the public domain for the very first time. Now, believe

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<v Speaker 3>it or not, this is actually the first mass influx

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<v Speaker 3>of public domain material in the US in twenty years,

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<v Speaker 3>I think. So we'll get in exactly why this is

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<v Speaker 3>and how it involves Mickey Mouse a little bit later,

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<v Speaker 3>but the main takeaway is that thousands of classic books

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<v Speaker 3>and movies and songs and other works of art they

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<v Speaker 3>are now free to use, remix, sell, all without any

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<v Speaker 3>legal restriction around them, which.

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<v Speaker 1>Is why we're marking the occasion with an episode all

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<v Speaker 1>about the ins and outs of the copyright. So we'll

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<v Speaker 1>talk a little bit about the history of copyright law,

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<v Speaker 1>including why the terms have been extended in the US

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<v Speaker 1>and also what makes this year so different from others.

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<v Speaker 1>Plus we'll take a closer look at the public domain

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<v Speaker 1>class of twenty nineteen to see exactly what sort of

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<v Speaker 1>hidden treasures just fell into our laps. But you know, will,

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<v Speaker 1>where do you want to start off here? All?

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<v Speaker 2>Right?

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<v Speaker 3>Well, I thought we should give our listeners a little

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<v Speaker 3>bit of context to all of this. So for starters,

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<v Speaker 3>January first is recognized all around the world is Public

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<v Speaker 3>Domain Day, and I actually didn't know that until we

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<v Speaker 3>were doing our research for this episode. But the way

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<v Speaker 3>that it works is that at the stroke of midnight

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<v Speaker 3>on New Year's Eve, older works are automatically enter the

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<v Speaker 3>public domain as they age out of their copyright terms.

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<v Speaker 3>But this is where things get a little bit tricky.

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<v Speaker 3>So different countries have their own rules for how long

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<v Speaker 3>a work can remain under copyright, so most countries will

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<v Speaker 3>provide copyright protection for the life of their author. Plus

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<v Speaker 3>a certain set number of years beyond that, like the

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<v Speaker 3>author's life plus fifty or seventy or whatever it may be.

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<v Speaker 3>But in the US things have traditionally worked a little

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<v Speaker 3>bit differently. So here copyrights made prior to nineteen seventy

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<v Speaker 3>eight have nothing to do with the life span of

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<v Speaker 3>the work's author. Instead, these copyright materials are protected for

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<v Speaker 3>a flat ninety five years after their first publication. It

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<v Speaker 3>always makes you wonder, like where they come up with

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<v Speaker 3>the number why ninety five? So, just as an example,

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<v Speaker 3>the Grapes of Wrath won't enter the US public domain

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<v Speaker 3>until January of two thousand and thirty five, because that

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<v Speaker 3>will be ninety five years after it was first published. Now,

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<v Speaker 3>on the other hand, readers in places like Canada and

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<v Speaker 3>New Zealand, can Rea and rework the text for free

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<v Speaker 3>starting this year, and that's because twenty nineteen is fifty

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<v Speaker 3>years after the death of the book's author, John Steinbeck.

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<v Speaker 1>Isn't that weird? Like something about that like feels so

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<v Speaker 1>off to me. Yeah, I mean, it's this like quintessential

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<v Speaker 1>American novel and people in other countries actually get to

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<v Speaker 1>do whatever they want with it. First, I know, three

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<v Speaker 1>decades before Americans get to. It's super weird, but it

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<v Speaker 1>actually reminds you. I was reading about the rights to

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<v Speaker 1>the song this Land is Your Land, which, of course

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<v Speaker 1>you know what you got through. You wrote the lyrics too,

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<v Speaker 1>and that's a piece of music that just feels inseparable

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<v Speaker 1>from the American identity, and it's kind of come this

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<v Speaker 1>great American almost like an anthem, ever since it was

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<v Speaker 1>published back in nineteen forty five. But again for Canada

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<v Speaker 1>and other countries with copyright terms of life plus fifty years,

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<v Speaker 1>that song entered in the public domain last year, whereas

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<v Speaker 1>in the US you'll actually have to wait till twenty

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<v Speaker 1>forty one to be able to use it. Twenty forty one,

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<v Speaker 1>and that's when you're planning to put out a dubstep rema.

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<v Speaker 1>That's right, absolutely, But before we move on, I do

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<v Speaker 1>want to mention that this Land is Your Land is

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<v Speaker 1>kind of a funny case to look at it. So

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<v Speaker 1>the lyrics clained that the land belongs to you and me,

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<v Speaker 1>and that was actually Guthrie's intention for the song too.

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<v Speaker 1>In nineteen forty five, he published the song with a

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<v Speaker 1>copyright notice that read quote, this song is copyrighted in

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<v Speaker 1>the US for a period of twenty eight years, and

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<v Speaker 1>anybody caught singing it without our permission will be mighty

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<v Speaker 1>good friends of ourn because we don't give a durn

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<v Speaker 1>publish it, write it, sing it, swing to it, yodel it.

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<v Speaker 1>We wrote it. That's all we wanted to do.

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<v Speaker 2>That's hilarious.

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<v Speaker 3>And I'm curious that, like, why didn't the song enter

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<v Speaker 3>the public domain in the seventies, you know, like what

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<v Speaker 3>he wanted it to.

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<v Speaker 1>Well, apparently the publisher renewed the copyright at some point

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<v Speaker 1>without Guthrie's input, so the song's copyright status wound up

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<v Speaker 1>being extended and now it's covered by the current ninety

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<v Speaker 1>five year term we have in the US.

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<v Speaker 3>Okay, all right, well in that case, I mean now

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<v Speaker 3>seems like a good time to break down the key

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<v Speaker 3>changes to the copyright law that have taken place here

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<v Speaker 3>in the US over you know, over several decades. But

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<v Speaker 3>don't worry about your eyes glazing over because I'm going

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<v Speaker 3>to try to keep this short and sweet good. So

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<v Speaker 3>they basically, American copyright law began with the Constitution, which

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<v Speaker 3>grants Congress the power to bestow exclusive rights to the

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<v Speaker 3>author of a work for quote limited times. So at first,

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<v Speaker 3>that limited time meant fourteen years, with the option to

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<v Speaker 3>renew for another fourteen years, making the max possible twenty

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<v Speaker 3>eight years. Now, those rules were mended over time that went.

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<v Speaker 3>By nineteen oh nine, both copyright terms had doubled to

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<v Speaker 3>twenty eight years or fifty six total.

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<v Speaker 2>I guess got it.

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<v Speaker 1>So that's where what you would have gotten that twenty

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<v Speaker 1>eight year term he claimed, you know, for the copyright

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<v Speaker 1>he was talking about. But you know, I'm sure he

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<v Speaker 1>never intended to renew the song for that second twenty

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<v Speaker 1>eight year period.

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<v Speaker 2>That's right.

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<v Speaker 3>So then you fast forward to nineteen seventy six and

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<v Speaker 3>the extension started getting kind of out of hand. So

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<v Speaker 3>the fifty six year period was bumped up to a

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<v Speaker 3>full seventy five years, meaning that any work produced through

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<v Speaker 3>nineteen twenty two would be copyright protected until nineteen ninety eight. Then,

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<v Speaker 3>in nineteen ninety eight, just as the nineteen twenty three

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<v Speaker 3>copyrights were about to expire for the next year, a

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<v Speaker 3>new piece of legislation was passed. It makes you wonder

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<v Speaker 3>why people were so interested in changing the legislation, But yeah,

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<v Speaker 3>the new law attacked on another twenty years for the

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<v Speaker 3>copyright of any work made between nineteen twenty three and

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<v Speaker 3>nineteen seventy seven.

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<v Speaker 1>And that's actually why there's this big twenty year gap

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<v Speaker 1>that we're just coming out of right now.

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<v Speaker 2>That is exactly right.

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<v Speaker 3>So those extra two decades added in, you know, nineteen

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<v Speaker 3>ninety eight was when this happened. It basically put a

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<v Speaker 3>freeze on the public domain editions. So the works that

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<v Speaker 3>were scheduled dinner the public domain were suddenly off the

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<v Speaker 3>table for another twenty years. And so that's what made

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<v Speaker 3>New Years of twenty nineteen such a big deal.

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<v Speaker 2>I mean, the drought is finally.

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<v Speaker 1>And I'm guessing that's for the foreseeable future too, right,

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<v Speaker 1>Like a whole year's worth of work should enter the

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<v Speaker 1>public domain every year now, ongoing.

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<v Speaker 3>Right, right, And it's really just the beginning of like

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<v Speaker 3>four decades worth of annual time capsules, you know, so

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<v Speaker 3>you know, long as corporations don't succeed in extending the

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<v Speaker 3>copyright terms even further. Although if we're being it's not

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<v Speaker 3>like the last twenty years haven't brought any new additions

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<v Speaker 3>to the public domain from this era, because plenty of

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<v Speaker 3>works from the nineteen twenties through the nineteen seventies have

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<v Speaker 3>already entered the public domain because their copyrights were never

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<v Speaker 3>renewed for one reason or another. And in fact, one

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<v Speaker 3>study from twenty eleven suggested that as many as ninety

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<v Speaker 3>percent of works published in the nineteen twenties were never

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<v Speaker 3>renewed at all, and the same is true for roughly

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<v Speaker 3>sixty percent of the works from the nineteen forties, So

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<v Speaker 3>there were a ton.

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<v Speaker 2>Of them that were out there.

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<v Speaker 3>So basically that extension in nineteen ninety eight only applied

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<v Speaker 3>to the works whose copyrights were still active at that time,

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<v Speaker 3>and so anything that hadn't been previously renewed was already

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<v Speaker 3>fair game.

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<v Speaker 2>For public use.

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<v Speaker 3>Of course, the tricky part has been determining whether an

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<v Speaker 3>old copyright has lapsed or not.

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<v Speaker 1>Yeah, I'm guessing that's a pretty murky business trying to

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<v Speaker 1>figure all that out.

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<v Speaker 3>It is, And you know, so in the past it's

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<v Speaker 3>been safer to err on the side of caution and

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<v Speaker 3>just kind of steer clear of any work whose status

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<v Speaker 3>was in.

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<v Speaker 2>Question, of course, to avoid getting sued.

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<v Speaker 3>His concerns are out the window at least as far

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<v Speaker 3>as works from nineteen twenty three go, And now that

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<v Speaker 3>they've passed the ninety five year mark. We know for

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<v Speaker 3>certain that they're in the public domain.

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<v Speaker 1>So I know there are probably some folks listening who

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<v Speaker 1>are thinking, okay, but who cares about all this old

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<v Speaker 1>timey stuff anyway. You know, it's not like I'm going

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<v Speaker 1>to start listening to chart toppers from the nineteen twenties

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<v Speaker 1>or whatever. But you know, that's totally fair. But here's

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<v Speaker 1>the thing that Gabe was pointing out to me. Most

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<v Speaker 1>of us honestly don't know what we've been missing out on.

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<v Speaker 1>Like the public domain provides this great chance for overlooked

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<v Speaker 1>works to find a second lease on life. And if

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<v Speaker 1>you look at what happened to It's a Wonderful Life.

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<v Speaker 1>You know, that movie actually flopped when it was first released,

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<v Speaker 1>but once it entered the public domain, it slowly became

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<v Speaker 1>a holiday classic. And that success only happened because TV

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<v Speaker 1>networks were actually able to play the movie for free

0:10:46.240 --> 0:10:49.400
<v Speaker 1>year after year. So in this weird way, it's like

0:10:49.600 --> 0:10:52.400
<v Speaker 1>cultural worth is actually greater today than it would have

0:10:52.400 --> 0:10:55.280
<v Speaker 1>been had it remained under a copyright. You know, there

0:10:55.320 --> 0:10:57.680
<v Speaker 1>is this author, Glenn Fleischman, and he had this great

0:10:57.720 --> 0:11:00.880
<v Speaker 1>quote in this article for the Atlantic, and he said, quote,

0:11:01.280 --> 0:11:04.560
<v Speaker 1>only so much that's created has room to persist in memory, culture,

0:11:04.559 --> 0:11:07.480
<v Speaker 1>and scholarship. Some works may have been forgotten because they

0:11:07.520 --> 0:11:10.760
<v Speaker 1>were simply terrible or perishable, but it's also the case

0:11:10.800 --> 0:11:12.960
<v Speaker 1>that a lack of access to these works and digital

0:11:13.040 --> 0:11:15.680
<v Speaker 1>forms limits whether they get considered at all.

0:11:16.240 --> 0:11:18.160
<v Speaker 3>I mean, it's a good point, and it actually reminds

0:11:18.200 --> 0:11:20.160
<v Speaker 3>me of something I came across this week from the

0:11:20.160 --> 0:11:24.360
<v Speaker 3>American novelist Willa Cather, and she once called nineteen twenty

0:11:24.400 --> 0:11:27.559
<v Speaker 3>two the year the world broke in two, and that

0:11:27.640 --> 0:11:30.200
<v Speaker 3>was because of all the big literary and cultural shakeups

0:11:30.200 --> 0:11:32.400
<v Speaker 3>that took place that year. It was the start of

0:11:32.440 --> 0:11:35.720
<v Speaker 3>the Harlem Renaissance, plus the publication of works like Ulysses

0:11:35.760 --> 0:11:38.520
<v Speaker 3>by James Joyce and The Wasteland by T. S.

0:11:38.600 --> 0:11:39.080
<v Speaker 2>Eliott.

0:11:39.400 --> 0:11:42.400
<v Speaker 3>So to her, nineteen twenty two was this turning point,

0:11:42.440 --> 0:11:44.800
<v Speaker 3>like there was a world before that year and then

0:11:44.840 --> 0:11:47.920
<v Speaker 3>there was a world after it. And strangely enough, that's

0:11:47.960 --> 0:11:51.240
<v Speaker 3>also how things broke down in terms of US copyright law.

0:11:51.360 --> 0:11:54.880
<v Speaker 3>So everything up through nineteen twenty two is now part

0:11:54.920 --> 0:11:57.800
<v Speaker 3>of the public domain, but it's a different story for

0:11:57.840 --> 0:12:01.480
<v Speaker 3>works from nineteen twenty three and beyond. So hundreds of

0:12:01.520 --> 0:12:05.280
<v Speaker 3>thousands of songs and movies and books and newspapers, magazines,

0:12:05.320 --> 0:12:07.959
<v Speaker 3>like so many different things of that era had been

0:12:08.000 --> 0:12:10.880
<v Speaker 3>held back for decades, longer than they should have been,

0:12:11.320 --> 0:12:13.000
<v Speaker 3>And so as a result, you figure there have to

0:12:13.040 --> 0:12:15.199
<v Speaker 3>be a lot of blind spots in our understanding of

0:12:15.240 --> 0:12:16.640
<v Speaker 3>that period in American history.

0:12:16.960 --> 0:12:19.320
<v Speaker 1>Yeah, like even things we know about, like the Harlem Renaissance,

0:12:19.360 --> 0:12:21.720
<v Speaker 1>so the Great Depression of World War two, Like we

0:12:21.800 --> 0:12:24.360
<v Speaker 1>should get like a fuller picture once we get access

0:12:24.360 --> 0:12:25.160
<v Speaker 1>to these materials.

0:12:25.200 --> 0:12:25.440
<v Speaker 2>Then.

0:12:25.640 --> 0:12:27.600
<v Speaker 1>Also, it'll be so fun to see them show up

0:12:27.600 --> 0:12:29.200
<v Speaker 1>in memes and music and things.

0:12:29.280 --> 0:12:29.520
<v Speaker 2>Yeah.

0:12:29.520 --> 0:12:31.000
<v Speaker 3>All right, Well, I'm excited to hear what you think

0:12:31.040 --> 0:12:33.240
<v Speaker 3>should make the cut this year. But before we share

0:12:33.280 --> 0:12:49.000
<v Speaker 3>our favorites, let's take a quick break. You're listening to

0:12:49.000 --> 0:12:51.360
<v Speaker 3>Part Time Genius, so we're talking about the giant wave

0:12:51.480 --> 0:12:54.319
<v Speaker 3>of classic art that just entered the public domain this month.

0:12:54.800 --> 0:12:56.760
<v Speaker 3>All right, Megan, So I'm curious which works are you

0:12:56.920 --> 0:12:59.560
<v Speaker 3>most excited to have free of their copyrights this year.

0:13:00.320 --> 0:13:02.120
<v Speaker 1>I'm just gonna go ahead and get the literature picks

0:13:02.160 --> 0:13:04.120
<v Speaker 1>out of the way first, because that's where you find

0:13:04.160 --> 0:13:06.400
<v Speaker 1>a lot of the heavy hitters, and honestly, it's too

0:13:06.440 --> 0:13:08.920
<v Speaker 1>many to go through So for fiction, we've got stories

0:13:08.960 --> 0:13:13.359
<v Speaker 1>from authors like Virginia Woolf, Aldus Huxley, Jane Austen Hemingway.

0:13:13.440 --> 0:13:16.400
<v Speaker 1>And then in terms of poetry, there's work from E. Cummings,

0:13:16.960 --> 0:13:22.120
<v Speaker 1>William Carlos, Williams, Wallace Stevens, Pablo Neruda, Robert Frost, including

0:13:22.120 --> 0:13:24.440
<v Speaker 1>one of his most famous poems, Stopping by Woods on

0:13:24.440 --> 0:13:27.199
<v Speaker 1>a snowy evening Like, which is just cool that these

0:13:27.200 --> 0:13:29.320
<v Speaker 1>texts are out there and easier to explore and play

0:13:29.320 --> 0:13:31.680
<v Speaker 1>with them before. But but what about you, Like, are

0:13:31.840 --> 0:13:33.360
<v Speaker 1>there any books you're happy to see in the public

0:13:33.400 --> 0:13:34.120
<v Speaker 1>domain that.

0:13:34.120 --> 0:13:36.160
<v Speaker 2>Was amazing to hear, like all those heavy hitters.

0:13:36.320 --> 0:13:36.640
<v Speaker 1>Yeah?

0:13:37.120 --> 0:13:39.920
<v Speaker 3>Here, But I always like it when famous literary characters

0:13:39.960 --> 0:13:41.760
<v Speaker 3>make their way into the public domain because you get

0:13:41.760 --> 0:13:44.400
<v Speaker 3>a whole bunch of new takes on them, Like that's

0:13:44.440 --> 0:13:46.840
<v Speaker 3>what happened with Robin Hood or Sherlock Holmes.

0:13:47.120 --> 0:13:49.480
<v Speaker 1>You know, I didn't think of that. So what new

0:13:49.559 --> 0:13:51.320
<v Speaker 1>characters are we getting to play with now?

0:13:51.679 --> 0:13:54.000
<v Speaker 3>All right? Well, twenty nineteen is giving us access to

0:13:54.080 --> 0:13:57.679
<v Speaker 3>new Tarzan stories from Edgar Rice Burrows, but also two

0:13:57.800 --> 0:14:02.319
<v Speaker 3>of Agatha Christie's mystery novels, Starr Belgian detective Hercule Puro,

0:14:02.880 --> 0:14:06.440
<v Speaker 3>the Murder of Roger Ackroyd, and the Murder on the Links.

0:14:06.960 --> 0:14:09.240
<v Speaker 1>Wait, wasn't Tarzan already in the public domain?

0:14:09.240 --> 0:14:11.920
<v Speaker 3>Though, Yeah, that's right, there's a story from nineteen ten

0:14:11.960 --> 0:14:14.880
<v Speaker 3>that's been in the public domain. And actually there's one

0:14:15.040 --> 0:14:17.720
<v Speaker 3>earlier Poro novel that's already there too.

0:14:18.120 --> 0:14:20.600
<v Speaker 1>So how do the laws work with characters like that?

0:14:20.760 --> 0:14:23.000
<v Speaker 1>I mean, can people just write their own new Tarzan

0:14:23.040 --> 0:14:26.360
<v Speaker 1>stories or can they only publish and rework the existing books?

0:14:26.440 --> 0:14:29.200
<v Speaker 1>Like is the copyright on the character or just the

0:14:29.240 --> 0:14:30.200
<v Speaker 1>stories he appears in.

0:14:30.760 --> 0:14:34.200
<v Speaker 3>Well, you can't actually copyright a name or a phrase

0:14:34.320 --> 0:14:36.160
<v Speaker 3>or anything like that. But what you can do is

0:14:36.200 --> 0:14:39.600
<v Speaker 3>get your character trademarked while it's still under copyright. So,

0:14:39.920 --> 0:14:42.400
<v Speaker 3>if you take the case of Tarzan, that's what the

0:14:42.440 --> 0:14:46.120
<v Speaker 3>author's airs did. So even though the original Tarzan stories

0:14:46.160 --> 0:14:49.280
<v Speaker 3>can be freely published and adapted for movies or comics

0:14:49.360 --> 0:14:52.520
<v Speaker 3>or whatever else, you still can't publish your own original

0:14:52.560 --> 0:14:55.720
<v Speaker 3>Tarzan books without receiving permission, And of course to do

0:14:55.800 --> 0:14:58.720
<v Speaker 3>that you'd have to pay a fee to the Burroughs estate,

0:14:58.800 --> 0:15:00.600
<v Speaker 3>And so things are a little more icy when it

0:15:00.600 --> 0:15:01.240
<v Speaker 3>comes to Pooro.

0:15:01.520 --> 0:15:04.280
<v Speaker 1>And why is that? Well, not all.

0:15:04.080 --> 0:15:08.640
<v Speaker 3>Copyrighted characters qualify for trademark protection, and some people you

0:15:08.680 --> 0:15:12.120
<v Speaker 3>know maintain that Pooro does not qualify so for reasons

0:15:12.120 --> 0:15:14.720
<v Speaker 3>that they're a little too complicated to get into here.

0:15:15.240 --> 0:15:17.760
<v Speaker 3>But until someone is willing to gamble, you know, a

0:15:17.760 --> 0:15:22.000
<v Speaker 3>potential lawsuit to publish their own unauthorized story, the character's

0:15:22.080 --> 0:15:25.360
<v Speaker 3>legal status is kind of in limen So the new

0:15:25.360 --> 0:15:28.520
<v Speaker 3>public domain additions for those characters are mostly exciting because

0:15:28.600 --> 0:15:32.240
<v Speaker 3>it means there are new Tarzan stories or Pooro mysteries

0:15:32.320 --> 0:15:35.720
<v Speaker 3>that can be safely adapted or altered by anyone, even

0:15:35.760 --> 0:15:38.680
<v Speaker 3>if the characters themselves are still otherwise off limits.

0:15:38.880 --> 0:15:40.840
<v Speaker 1>So I'm a little worried about what that might mean

0:15:40.880 --> 0:15:43.000
<v Speaker 1>for our next pick here, because even though twenty nineteen

0:15:43.040 --> 0:15:44.920
<v Speaker 1>Freese up the rights to a bunch of classic silent

0:15:44.920 --> 0:15:48.600
<v Speaker 1>films from people like a Buster Keaton, Charlie Chaplin, Laurel,

0:15:48.640 --> 0:15:51.160
<v Speaker 1>and Hardy, which is awesome, by the way, because like,

0:15:51.240 --> 0:15:53.360
<v Speaker 1>it'd be so amazing to start seeing these movies on

0:15:53.440 --> 0:15:56.400
<v Speaker 1>late night TV. But you know, the one I was

0:15:56.600 --> 0:15:59.720
<v Speaker 1>most personally excited about was the Felix the Cat cartoons,

0:15:59.720 --> 0:16:02.440
<v Speaker 1>which just hit the public domain, and I was kind

0:16:02.440 --> 0:16:04.600
<v Speaker 1>of hoping we could add it to the PTG logo

0:16:04.760 --> 0:16:07.120
<v Speaker 1>or just make him like the official show mascot or something,

0:16:07.120 --> 0:16:09.880
<v Speaker 1>but I'm guessing that's not the case if he's still

0:16:09.920 --> 0:16:10.640
<v Speaker 1>trademark right.

0:16:11.040 --> 0:16:13.520
<v Speaker 3>You know, Felix was one that stood out to me too,

0:16:13.560 --> 0:16:15.640
<v Speaker 3>so I actually did a little bit of digging on this,

0:16:15.760 --> 0:16:18.120
<v Speaker 3>and it turns out that even though the character is

0:16:18.160 --> 0:16:22.320
<v Speaker 3>still technically trademarked by DreamWorks, they only control his use

0:16:22.440 --> 0:16:25.600
<v Speaker 3>in certain instances. And you know, of course that's really

0:16:25.920 --> 0:16:29.560
<v Speaker 3>around advertising, So how does that work exactly? So you

0:16:29.560 --> 0:16:32.560
<v Speaker 3>could actually publish your own Felix the Cat comic strips

0:16:32.600 --> 0:16:36.440
<v Speaker 3>and even adapt those new stories into animated shorts, but weirdly,

0:16:36.520 --> 0:16:39.440
<v Speaker 3>you just can't include Felix himself and any of the

0:16:39.680 --> 0:16:44.960
<v Speaker 3>advertising for that. Apparently, DreamWorks also owns the Felix trademark

0:16:45.080 --> 0:16:48.000
<v Speaker 3>for quote life saving instruments, so I guess a line

0:16:48.000 --> 0:16:50.840
<v Speaker 3>of Felix branded fire extinguishers is totally off.

0:16:52.160 --> 0:16:53.960
<v Speaker 1>I feel like that's exactly where I was going with this,

0:16:54.080 --> 0:16:57.720
<v Speaker 1>like Felix EpiPens and spook detectors. But you know, if

0:16:57.720 --> 0:16:59.680
<v Speaker 1>cartoons aren't your thing, We've also got plenty of new

0:16:59.680 --> 0:17:02.200
<v Speaker 1>public domain songs to keep us busy, and there's some

0:17:02.240 --> 0:17:06.919
<v Speaker 1>real chestnuts here, tunes like dizzy Fingers Horsey keep your

0:17:06.920 --> 0:17:09.159
<v Speaker 1>tail up, I know that's a favorite in the Pierson

0:17:09.200 --> 0:17:14.040
<v Speaker 1>household aught and that timeless romantic vallid o g oh gosh,

0:17:14.080 --> 0:17:15.320
<v Speaker 1>oh golly, I'm in love.

0:17:15.520 --> 0:17:17.879
<v Speaker 3>I think these are probably in that collection of that

0:17:17.960 --> 0:17:21.920
<v Speaker 3>old amberolla, like, oh yeah, the house that's all those

0:17:22.320 --> 0:17:25.159
<v Speaker 3>wax cylinders. That's pretty cool to listen to, And you

0:17:25.160 --> 0:17:27.760
<v Speaker 3>know it truly was a different time. I was actually

0:17:27.800 --> 0:17:29.920
<v Speaker 3>listening to a few songs from our list this week,

0:17:29.960 --> 0:17:31.920
<v Speaker 3>and I was struck by how many of them were

0:17:31.960 --> 0:17:32.520
<v Speaker 3>just kind.

0:17:32.320 --> 0:17:35.000
<v Speaker 2>Of wide eyed, upbeat nonsense.

0:17:35.080 --> 0:17:37.240
<v Speaker 3>Like there was this one that was basically about how

0:17:37.240 --> 0:17:39.600
<v Speaker 3>strange it is that the earth rotates, and that it

0:17:39.640 --> 0:17:41.560
<v Speaker 3>can be daytime in one part of the world and

0:17:41.720 --> 0:17:44.720
<v Speaker 3>nighttime in another. It was riveting song, but and I

0:17:44.760 --> 0:17:46.240
<v Speaker 3>guess for fun, they just threw in a bunch of

0:17:46.320 --> 0:17:49.320
<v Speaker 3>gibbers that doesn't rhyme or fit the meter or anything.

0:17:49.400 --> 0:17:52.360
<v Speaker 3>So there's this one line that goes, when it's nighttime

0:17:52.359 --> 0:17:55.320
<v Speaker 3>in Italy, it's Wednesday over here, when it's fish day

0:17:55.359 --> 0:17:59.560
<v Speaker 3>in Germany, you can't get shaved in Massachusetts, and the

0:17:59.600 --> 0:18:03.080
<v Speaker 3>whole thing. It's just so bizarre, and I'm really hoping

0:18:03.119 --> 0:18:04.080
<v Speaker 3>this catches on again.

0:18:04.760 --> 0:18:07.479
<v Speaker 1>That is amazing and in the same vein of that

0:18:07.600 --> 0:18:10.840
<v Speaker 1>old timy nonsense songs. I'm pretty pumped that the copyright

0:18:10.920 --> 0:18:14.720
<v Speaker 1>finally expired on Yes We Have No Bananas Today, which

0:18:14.800 --> 0:18:16.600
<v Speaker 1>is actually one of the songs. I know.

0:18:17.040 --> 0:18:18.879
<v Speaker 3>I would definitely leave it to you to zero in

0:18:18.960 --> 0:18:21.280
<v Speaker 3>on the Banana song and a bunch of these, But.

0:18:21.960 --> 0:18:25.159
<v Speaker 1>Weirdly, it turns out there's actually a sequel song called

0:18:25.240 --> 0:18:28.159
<v Speaker 1>the It's called I've Got the Yes we Have No

0:18:28.240 --> 0:18:32.400
<v Speaker 1>Banana Blues, and since it was released the same year

0:18:32.400 --> 0:18:34.600
<v Speaker 1>as the original, it's now in the public domain as well.

0:18:34.800 --> 0:18:36.600
<v Speaker 2>So why did they do a follow up song? Was

0:18:36.640 --> 0:18:37.560
<v Speaker 2>it just that popular?

0:18:37.720 --> 0:18:40.359
<v Speaker 1>It's basically a response to how popular the first song

0:18:40.520 --> 0:18:42.760
<v Speaker 1>was and how sick everyone was of hearing it all

0:18:42.800 --> 0:18:45.320
<v Speaker 1>the time. And so one of the line says, quote,

0:18:45.720 --> 0:18:47.800
<v Speaker 1>it hasn't got a bit of sense, and I go

0:18:47.920 --> 0:18:51.520
<v Speaker 1>wild when they commence bananas bananas, I wish I could

0:18:51.560 --> 0:18:53.119
<v Speaker 1>break up a million pianos.

0:18:53.400 --> 0:18:54.760
<v Speaker 2>I get it.

0:18:55.600 --> 0:18:56.919
<v Speaker 3>I mean, I kind of love that this song is

0:18:56.960 --> 0:18:59.600
<v Speaker 3>going to start annoying everyone all over again.

0:19:00.119 --> 0:19:01.639
<v Speaker 2>Back out there, and I was.

0:19:01.640 --> 0:19:03.679
<v Speaker 3>I guess that's kind of the scenario that these annual

0:19:03.720 --> 0:19:05.840
<v Speaker 3>copyright expirations allow for.

0:19:06.040 --> 0:19:07.880
<v Speaker 2>So it's nice to have them back in the mix.

0:19:08.080 --> 0:19:09.919
<v Speaker 1>Yeah, I guess that's true. But you know, we can

0:19:09.960 --> 0:19:12.320
<v Speaker 1>probably make a more compelling case for them than that,

0:19:12.480 --> 0:19:14.879
<v Speaker 1>I'm guessing. I mean, the public domain is good for

0:19:15.119 --> 0:19:17.640
<v Speaker 1>lots of stuff beyond just annoying your friends with weird

0:19:17.680 --> 0:19:18.200
<v Speaker 1>old songs.

0:19:18.240 --> 0:19:20.160
<v Speaker 3>No, no question, it's just fun to read all those

0:19:20.320 --> 0:19:22.280
<v Speaker 3>lyrics and everything. But all right, Well, now that we've

0:19:22.320 --> 0:19:24.760
<v Speaker 3>checked out some of the most notable inductees for this year,

0:19:24.840 --> 0:19:26.679
<v Speaker 3>I do think we should take a closer look at

0:19:26.680 --> 0:19:29.679
<v Speaker 3>the benefits that come from having the growing catalog of

0:19:29.760 --> 0:19:30.840
<v Speaker 3>public domain works.

0:19:30.960 --> 0:19:32.800
<v Speaker 1>Yeah, it sounds great, But before we get into that,

0:19:32.880 --> 0:19:46.880
<v Speaker 1>let's take another quick break.

0:19:47.760 --> 0:19:49.240
<v Speaker 3>All right, Magael, So we spent a lot of time

0:19:49.240 --> 0:19:52.240
<v Speaker 3>today singing the praises of the public domain and kind

0:19:52.240 --> 0:19:54.959
<v Speaker 3>of lamenting all the extensions that certain copyrights have been

0:19:55.000 --> 0:19:57.520
<v Speaker 3>granted over the years. And honestly, at this point, I'm

0:19:57.520 --> 0:19:59.680
<v Speaker 3>a little bit worried that people might get the impression

0:19:59.720 --> 0:20:01.359
<v Speaker 3>that we or anti copyright.

0:20:01.840 --> 0:20:04.359
<v Speaker 1>Well, I mean, I do think we could survive that

0:20:04.480 --> 0:20:06.639
<v Speaker 1>sort of scandal, but let's go ahead and make the

0:20:06.680 --> 0:20:09.399
<v Speaker 1>case for copyrights anyway, just to be safe. It's actually

0:20:09.440 --> 0:20:12.640
<v Speaker 1>something worth doing, because even though copyrights can feel annoying

0:20:12.760 --> 0:20:15.480
<v Speaker 1>or restrictive, the core idea makes a lot of sense

0:20:15.680 --> 0:20:18.639
<v Speaker 1>granting creators the right to control how their work is used,

0:20:19.000 --> 0:20:22.199
<v Speaker 1>and in its purest form, copyright protections benefit not just

0:20:22.240 --> 0:20:25.560
<v Speaker 1>creators but society as a whole. So the idea is, like,

0:20:25.640 --> 0:20:28.399
<v Speaker 1>that's how copyrights were framed in the US Constitution. It

0:20:28.440 --> 0:20:30.439
<v Speaker 1>was kind of this way to promote the progress of

0:20:30.520 --> 0:20:33.760
<v Speaker 1>science and useful arts, and again in the first Copyright

0:20:33.840 --> 0:20:35.639
<v Speaker 1>Law of seventeen ninety, it was thought of as a

0:20:35.680 --> 0:20:37.639
<v Speaker 1>way to further the encouragement of learning.

0:20:38.200 --> 0:20:40.520
<v Speaker 3>I mean, it's interesting because you'd almost guess that we're

0:20:40.560 --> 0:20:44.159
<v Speaker 3>talking about the public domain again and not copyrights. I mean,

0:20:44.160 --> 0:20:48.200
<v Speaker 3>how does restricting access to a work encourage learning or

0:20:48.240 --> 0:20:49.560
<v Speaker 3>promote science and art.

0:20:49.800 --> 0:20:52.080
<v Speaker 1>So the idea is that it isn't like a short

0:20:52.160 --> 0:20:54.560
<v Speaker 1>term fix, it's one for the long run. So the

0:20:54.600 --> 0:20:57.359
<v Speaker 1>basic idea is that copyright protection offers an incentive for

0:20:57.400 --> 0:21:00.280
<v Speaker 1>people to create new works. I mean, why go to

0:21:00.280 --> 0:21:02.000
<v Speaker 1>the trouble of writing a book or making a movie

0:21:02.000 --> 0:21:05.639
<v Speaker 1>if anyone can just copy it right after it's made public. Right. So,

0:21:05.960 --> 0:21:08.480
<v Speaker 1>one way I've seen it described is that copyright is

0:21:08.480 --> 0:21:12.400
<v Speaker 1>basically a contract between creators and society. They continue making

0:21:12.400 --> 0:21:14.560
<v Speaker 1>new stuff and in return, we promised not to rip

0:21:14.600 --> 0:21:16.560
<v Speaker 1>it off or muck with it for about twenty eight

0:21:16.640 --> 0:21:19.359
<v Speaker 1>years or however long, at which point the work belongs

0:21:19.400 --> 0:21:19.840
<v Speaker 1>to everyone.

0:21:20.520 --> 0:21:22.879
<v Speaker 3>I mean, I get that the premise is sound, but

0:21:23.000 --> 0:21:25.640
<v Speaker 3>it does it feels like these copyright terms have kind

0:21:25.640 --> 0:21:28.240
<v Speaker 3>of ballooned so much that we've kind of lost sight

0:21:28.280 --> 0:21:29.560
<v Speaker 3>of their original purpose.

0:21:30.200 --> 0:21:32.280
<v Speaker 1>Yeah, I mean, the trouble is that there's always someone

0:21:32.359 --> 0:21:34.560
<v Speaker 1>arguing that the length of the copyright is too short

0:21:34.600 --> 0:21:36.840
<v Speaker 1>to make a profit. And back in the days of

0:21:36.880 --> 0:21:40.080
<v Speaker 1>fourteen and twenty eight year terms, content creators may have

0:21:40.119 --> 0:21:42.199
<v Speaker 1>had a point. But you know, now that we're up

0:21:42.240 --> 0:21:45.240
<v Speaker 1>to ninety five years or a lifetime plus seventy years,

0:21:45.600 --> 0:21:48.760
<v Speaker 1>the terms they really start to seem excessive. So the

0:21:48.800 --> 0:21:50.920
<v Speaker 1>contract we started with has gotten a lot more one

0:21:50.960 --> 0:21:53.360
<v Speaker 1>sided over the last century, which is.

0:21:53.359 --> 0:21:56.159
<v Speaker 3>Of course an intentional move on the part of copyright holders,

0:21:56.400 --> 0:21:59.320
<v Speaker 3>or more specifically, the part of companies that hold those

0:21:59.359 --> 0:22:02.639
<v Speaker 3>copyright Yeah, because the ones making money on the ninety

0:22:02.640 --> 0:22:06.480
<v Speaker 3>five year copyrights or lifetime plus copyrights aren't the authors

0:22:06.720 --> 0:22:09.880
<v Speaker 3>or really even their families in most cases. Instead, it's

0:22:09.880 --> 0:22:13.600
<v Speaker 3>the companies that control the rights once the creator is gone.

0:22:13.880 --> 0:22:16.400
<v Speaker 3>Like the Woody Guthrie example you gave earlier, his descendants

0:22:16.400 --> 0:22:18.480
<v Speaker 3>aren't cashing in from licensing deals.

0:22:18.480 --> 0:22:19.960
<v Speaker 2>It's the publisher that is sure.

0:22:20.000 --> 0:22:22.639
<v Speaker 1>I mean, that's a great point. And corporations definitely played

0:22:22.640 --> 0:22:26.080
<v Speaker 1>a huge role in the twentieth century extensions to copyright terms.

0:22:26.280 --> 0:22:29.080
<v Speaker 1>I mean, the most famous example is probably the nineteen

0:22:29.240 --> 0:22:32.160
<v Speaker 1>ninety eight extension you mentioned earlier, the one that raised

0:22:32.200 --> 0:22:35.080
<v Speaker 1>the term for older US copyrights from seventy five to

0:22:35.160 --> 0:22:38.200
<v Speaker 1>ninety five years. And the law was called the Sonny

0:22:38.240 --> 0:22:42.320
<v Speaker 1>Bono Copyright Term Extension Act. And the Disney Corporation was

0:22:42.359 --> 0:22:45.040
<v Speaker 1>actually his biggest and most vocal champion, and that's because

0:22:45.040 --> 0:22:47.359
<v Speaker 1>they wanted to keep the first Mickey Mouse cartoon ever released,

0:22:47.400 --> 0:22:50.280
<v Speaker 1>which is Steamboat Willie, from entering the public domain in

0:22:50.280 --> 0:22:51.000
<v Speaker 1>two thousand and three.

0:22:51.880 --> 0:22:54.040
<v Speaker 3>So what did Sonny Bono have to do with this? Like,

0:22:54.040 --> 0:22:56.159
<v Speaker 3>shouldn't it have been called the Mickey Mouse Act?

0:22:56.440 --> 0:22:58.800
<v Speaker 1>Yeah, I mean that might have been more accurate. And

0:22:58.920 --> 0:23:01.560
<v Speaker 1>actually Disney lobbied so hard for the legislation that some

0:23:01.560 --> 0:23:03.760
<v Speaker 1>people actually do refer to it as the Mickey Mouse

0:23:03.760 --> 0:23:07.080
<v Speaker 1>Protection Act, but in reality, the ninety eight bill was

0:23:07.119 --> 0:23:09.000
<v Speaker 1>named as a way to honor Sonny Bono, who had

0:23:09.000 --> 0:23:11.679
<v Speaker 1>passed away in January of that year. And if that

0:23:11.760 --> 0:23:14.040
<v Speaker 1>sounds kind of random, it isn't just that he was

0:23:14.040 --> 0:23:16.800
<v Speaker 1>an entertainer. It's also that he was a congressman in California,

0:23:17.200 --> 0:23:19.840
<v Speaker 1>and during his tenure, Bono had actually pushed hard for

0:23:19.920 --> 0:23:22.520
<v Speaker 1>better copyright protection. So the gesture kind of made a

0:23:22.560 --> 0:23:24.720
<v Speaker 1>lot of sense if you knew all that.

0:23:25.280 --> 0:23:26.879
<v Speaker 3>Yeah, But I mean, you know, it still strikes me

0:23:26.920 --> 0:23:28.919
<v Speaker 3>about this whole thing is how ironic it is that

0:23:28.960 --> 0:23:32.600
<v Speaker 3>a company built on adaptations of public domain fairy tales

0:23:32.720 --> 0:23:35.239
<v Speaker 3>they're the ones that wound up fighting to keep all

0:23:35.280 --> 0:23:37.080
<v Speaker 3>those adaptations under wraps.

0:23:37.800 --> 0:23:40.600
<v Speaker 1>Yeah, and the ironies don't end there either, because Disney's

0:23:40.560 --> 0:23:44.000
<v Speaker 1>Steamboat Willie cartoon was itself a parody of Buster Keaton's

0:23:44.040 --> 0:23:48.320
<v Speaker 1>short called Steamboat Bill Junior. It actually premiered the same year.

0:23:48.520 --> 0:23:52.560
<v Speaker 1>So yeah, and so while the Keaton short entered the

0:23:52.600 --> 0:23:56.240
<v Speaker 1>public domain years ago, the cartoon it inspired is still

0:23:56.320 --> 0:23:58.800
<v Speaker 1>under lock and key. It's kind of bizarre, but you know,

0:23:59.000 --> 0:24:01.480
<v Speaker 1>just like with Felix the Cat, Mickey Mouse's trademark, so

0:24:01.640 --> 0:24:04.840
<v Speaker 1>when the copyright on his debut cartoon expires, the short

0:24:04.920 --> 0:24:07.639
<v Speaker 1>itself can be bought or sold or given away or

0:24:07.680 --> 0:24:10.720
<v Speaker 1>remixed by anyone, but the Mickey character will still belong

0:24:10.760 --> 0:24:12.720
<v Speaker 1>to the Disney Company for as long as it continues

0:24:12.760 --> 0:24:15.600
<v Speaker 1>to you know, use his likeness and continuity.

0:24:16.440 --> 0:24:18.520
<v Speaker 3>So one of the things you hope doesn't happen is

0:24:18.520 --> 0:24:22.880
<v Speaker 3>that someone makes an adult version of Steamboat Willie. Actually,

0:24:23.000 --> 0:24:25.760
<v Speaker 3>one of the main arguments you hear from staunch copyright

0:24:25.800 --> 0:24:28.760
<v Speaker 3>defenders like the ideas that when work slip into the

0:24:28.760 --> 0:24:32.280
<v Speaker 3>public domain, they will be abused. They're tarnet in some way.

0:24:32.680 --> 0:24:35.200
<v Speaker 3>So for instance, the book could be published with errors,

0:24:35.280 --> 0:24:37.400
<v Speaker 3>or a film could be released in low quality.

0:24:37.520 --> 0:24:39.719
<v Speaker 1>Yeah, or someone could replace every other line in your

0:24:39.760 --> 0:24:41.919
<v Speaker 1>poem with Beyonce lyrics, which.

0:24:41.880 --> 0:24:44.760
<v Speaker 3>Might be an improvement depending on how bad the poetry is.

0:24:44.800 --> 0:24:46.520
<v Speaker 3>But I mean, you get the point. The worry is

0:24:46.560 --> 0:24:49.439
<v Speaker 3>that a public domain work will be over exploited and

0:24:49.480 --> 0:24:52.800
<v Speaker 3>that it's cultural or artistic worth, you know, by because

0:24:52.840 --> 0:24:54.600
<v Speaker 3>of that, it'll be diminished in the process.

0:24:55.160 --> 0:24:57.880
<v Speaker 1>I mean that sounds like a legit concern. Doesn't it.

0:24:57.760 --> 0:24:59.880
<v Speaker 1>But you know, like I love the idea of pride

0:24:59.880 --> 0:25:03.440
<v Speaker 1>and prejudice and zombies, you know, like Jane Austen might

0:25:03.480 --> 0:25:05.920
<v Speaker 1>not have wanted that when you wrote it, but it's

0:25:05.960 --> 0:25:07.480
<v Speaker 1>a pretty great thing for all of us.

0:25:07.560 --> 0:25:10.280
<v Speaker 3>And probably more people went back and actually read Pride

0:25:10.280 --> 0:25:13.040
<v Speaker 3>and Prejudice when that Yeah, yeah, that's true. And for

0:25:13.080 --> 0:25:15.439
<v Speaker 3>the most part, I'm not sure the argument holds that

0:25:15.560 --> 0:25:17.639
<v Speaker 3>much water, you know, because, for instance, there was a

0:25:17.640 --> 0:25:20.760
<v Speaker 3>study back in twenty twelve where researchers took a bunch

0:25:20.760 --> 0:25:23.960
<v Speaker 3>of different audio books, some of the public domains, some

0:25:24.040 --> 0:25:27.320
<v Speaker 3>under copyright, and they had listeners provide feedback on the

0:25:27.440 --> 0:25:30.440
<v Speaker 3>quality of each one and just actually, I'll just read

0:25:30.480 --> 0:25:33.240
<v Speaker 3>here what they found. So our data provided almost no

0:25:33.359 --> 0:25:36.400
<v Speaker 3>support for the arguments made by proponents of copyright term

0:25:36.440 --> 0:25:39.639
<v Speaker 3>extension that once works fall into the public domain, they

0:25:39.640 --> 0:25:42.680
<v Speaker 3>will be produced in poor quality versions that will undermine

0:25:42.720 --> 0:25:47.200
<v Speaker 3>their cultural or economic value. Our data indicate no statistically

0:25:47.240 --> 0:25:50.800
<v Speaker 3>significant difference, for example, between the listener's judgments of the

0:25:50.880 --> 0:25:55.040
<v Speaker 3>quality of the professional audiobook readers or copyrighted and public

0:25:55.080 --> 0:25:56.159
<v Speaker 3>domain texts.

0:25:56.440 --> 0:25:58.720
<v Speaker 1>So it sounds like we're saying, even though there could

0:25:58.720 --> 0:26:01.280
<v Speaker 1>be downsides, to a work entering the public domain, those

0:26:01.359 --> 0:26:03.760
<v Speaker 1>drawbacks tend to be heavily outweighed by the benefits of

0:26:03.800 --> 0:26:07.160
<v Speaker 1>open access. I mean, teachers can make photocopies without breaking

0:26:07.160 --> 0:26:09.960
<v Speaker 1>the law, artists can pay tribute to and even build

0:26:10.000 --> 0:26:11.800
<v Speaker 1>off the worst that inspire them, and the rest of

0:26:11.840 --> 0:26:13.800
<v Speaker 1>us can kick back and listen to Yes, we have

0:26:13.920 --> 0:26:17.560
<v Speaker 1>no bananas on loop, completely free of charge.

0:26:17.960 --> 0:26:20.399
<v Speaker 3>I was there with you until that last part, but

0:26:20.680 --> 0:26:23.400
<v Speaker 3>I do agree the public domain is a win for society,

0:26:23.400 --> 0:26:26.640
<v Speaker 3>and it's exciting to see how it can grow substantially

0:26:26.680 --> 0:26:29.800
<v Speaker 3>again after a twenty year hiatus. But before we go

0:26:29.840 --> 0:26:33.000
<v Speaker 3>exploring into that treasure trove once again, I know we

0:26:33.040 --> 0:26:35.240
<v Speaker 3>still have a bunch of weird copyright facts to share,

0:26:35.320 --> 0:26:47.000
<v Speaker 3>so let's get into the fact off. All right, Well,

0:26:47.000 --> 0:26:49.520
<v Speaker 3>here's something I think is pretty cool. There's this little

0:26:49.560 --> 0:26:51.880
<v Speaker 3>village in England called Wookie Hole.

0:26:52.040 --> 0:26:52.840
<v Speaker 1>That's already cool.

0:26:53.000 --> 0:26:56.000
<v Speaker 3>Yeah, yeah, And there are over three hundred eggs painted

0:26:56.040 --> 0:26:59.080
<v Speaker 3>with clown faces on them. And this collection is known

0:26:59.119 --> 0:27:02.479
<v Speaker 3>as the Clown Register. And while it started as a

0:27:02.520 --> 0:27:05.960
<v Speaker 3>hobby where one individual was cataloging these clowns just for fun,

0:27:06.320 --> 0:27:09.520
<v Speaker 3>the collection grew into a way for professional clowns to

0:27:09.600 --> 0:27:13.119
<v Speaker 3>basically copyright the way they make up their faces, you know,

0:27:13.200 --> 0:27:16.199
<v Speaker 3>to protect from imitators. That's crazy, and so the tradition

0:27:16.560 --> 0:27:20.240
<v Speaker 3>actually continues today. If you register with the Clowns International,

0:27:20.640 --> 0:27:23.200
<v Speaker 3>they will have your makeup painted on a ceramic.

0:27:23.920 --> 0:27:26.800
<v Speaker 1>That's crazy. There's one thing I learned this week that

0:27:26.840 --> 0:27:30.840
<v Speaker 1>you can't copyright, and that's a chicken sandwich. And I

0:27:30.920 --> 0:27:35.200
<v Speaker 1>know this because a man named Narberto Cologne Lorenzana tried

0:27:35.240 --> 0:27:38.960
<v Speaker 1>to do this in the nineteen eighties. Apparently, Narberto added

0:27:39.000 --> 0:27:41.560
<v Speaker 1>a simple chicken sandwich to the menu at Church's Chicken

0:27:41.560 --> 0:27:44.880
<v Speaker 1>in Puerto Rico, and the company made millions off it.

0:27:44.960 --> 0:27:47.480
<v Speaker 1>They even used the name he gave it, the Pache Sandwich.

0:27:47.760 --> 0:27:50.919
<v Speaker 1>But when he tried to sue for intellectual property theft,

0:27:51.080 --> 0:27:55.480
<v Speaker 1>the judge sternly rebuked him, letting him know that while films, books, music,

0:27:55.480 --> 0:27:58.960
<v Speaker 1>and architecture and even some art are all protected, culinary

0:27:59.000 --> 0:28:02.400
<v Speaker 1>inventions are kind of a gray area, especially chicken sandwiches.

0:28:03.520 --> 0:28:06.399
<v Speaker 3>Well, speaking of architecture, it is interesting to note that

0:28:06.480 --> 0:28:09.880
<v Speaker 3>Hershey's has a trademark for the structural design of their

0:28:10.040 --> 0:28:13.080
<v Speaker 3>chocolate bar, and apparently it took a ton of work

0:28:13.119 --> 0:28:15.760
<v Speaker 3>to get that. Basically, they were trying to protect the

0:28:15.760 --> 0:28:18.480
<v Speaker 3>fact that you can snap those little rectangles off to

0:28:18.560 --> 0:28:20.919
<v Speaker 3>fit perfectly on a smorn if you think about like,

0:28:21.040 --> 0:28:26.080
<v Speaker 3>everyone can image those exact rectangles. But as Smithsonian notes,

0:28:26.359 --> 0:28:29.800
<v Speaker 3>functionality is not a qualifying feature when registering a product

0:28:29.800 --> 0:28:33.480
<v Speaker 3>design for trademark, so to win the case, they basically

0:28:33.560 --> 0:28:36.639
<v Speaker 3>had to show that the ridges were more than just utility.

0:28:36.960 --> 0:28:41.280
<v Speaker 3>The architectural design was something that people associated with Hershey Bars,

0:28:41.360 --> 0:28:43.760
<v Speaker 3>even when the brand name was absent from the chocolate,

0:28:43.800 --> 0:28:45.160
<v Speaker 3>and I would completely agree with.

0:28:45.160 --> 0:28:47.560
<v Speaker 1>You, Yeah, it's really interesting. Well, here's a funny one

0:28:47.560 --> 0:28:50.160
<v Speaker 1>for mental phloss. Apparently, the nineteen sixty three Beach Boys

0:28:50.240 --> 0:28:53.400
<v Speaker 1>hit Surfin Usa is a complete knockoff of a Chuck

0:28:53.480 --> 0:28:57.200
<v Speaker 1>Berry song called Sweet Little Sixteen. I had never heard

0:28:57.200 --> 0:29:00.000
<v Speaker 1>of that that when very accused Brian Wilson of steel

0:29:00.200 --> 0:29:03.600
<v Speaker 1>the song without telling anyone, Wilson's dad, who also happened

0:29:03.640 --> 0:29:06.480
<v Speaker 1>to be the band's manager, gave Barry the copyright to

0:29:06.520 --> 0:29:08.960
<v Speaker 1>the tune, but he didn't tell anyone in the band,

0:29:08.960 --> 0:29:10.840
<v Speaker 1>so the band actually only learned that they weren't getting

0:29:10.920 --> 0:29:14.680
<v Speaker 1>royalties from the song twenty five years after it was released. Like,

0:29:14.680 --> 0:29:17.000
<v Speaker 1>why are we not getting any money on this song

0:29:17.040 --> 0:29:18.040
<v Speaker 1>we stole? Yeah?

0:29:18.640 --> 0:29:21.800
<v Speaker 3>Well, speaking of wild did you know that animals can't

0:29:21.920 --> 0:29:23.400
<v Speaker 3>own copyrights manga?

0:29:23.600 --> 0:29:25.840
<v Speaker 1>I don't even know how that could be an issue.

0:29:26.000 --> 0:29:29.840
<v Speaker 3>Well, in twenty eleven, this photographer named David Slater went

0:29:29.880 --> 0:29:33.360
<v Speaker 3>to Indonesia and he had this brilliant idea, like what

0:29:33.480 --> 0:29:35.720
<v Speaker 3>if he set up a tripod and tried to get

0:29:35.760 --> 0:29:39.880
<v Speaker 3>the monkeys to take selfies of themselves. Sure, and somehow

0:29:39.920 --> 0:29:44.239
<v Speaker 3>this one female macaque named Nrudo went crazy, and of

0:29:44.240 --> 0:29:47.719
<v Speaker 3>course the photos went viral. The Wikipedia put them up,

0:29:47.760 --> 0:29:51.320
<v Speaker 3>claiming no one could own the copyright, and David Slater

0:29:51.400 --> 0:29:54.360
<v Speaker 3>assumed that he owned the rights. It was his camera

0:29:54.400 --> 0:29:57.720
<v Speaker 3>and idea after all. But PETA and their ethical treatment

0:29:57.760 --> 0:30:01.360
<v Speaker 3>of all animals decided to sue on the monkey's behalf,

0:30:01.880 --> 0:30:05.640
<v Speaker 3>claiming that this female should get the royalties on the photos.

0:30:06.080 --> 0:30:08.720
<v Speaker 3>So far, the US Copyright Office has taken a firm

0:30:08.800 --> 0:30:12.200
<v Speaker 3>line that quote, the Office will not register works produced

0:30:12.240 --> 0:30:15.840
<v Speaker 3>by nature, animals or plants, and it's put the photos

0:30:15.840 --> 0:30:18.840
<v Speaker 3>in the public domain. But PETA is still fighting for

0:30:18.920 --> 0:30:20.360
<v Speaker 3>its social media star client.

0:30:20.800 --> 0:30:23.160
<v Speaker 1>That's pretty crazy. I mean, I think monkeys are a

0:30:23.200 --> 0:30:26.480
<v Speaker 1>great way to end the show, clown eggs, monkey selfies.

0:30:26.600 --> 0:30:29.240
<v Speaker 1>I do think you deserve today's trophy and to celebrate

0:30:29.240 --> 0:30:31.560
<v Speaker 1>your victory, Tristan, will you please queue up. Yes, we

0:30:31.600 --> 0:30:34.680
<v Speaker 1>have no more bananas. That is it for today's show.

0:30:34.840 --> 0:30:36.080
<v Speaker 1>I do want to give a special shout out to

0:30:36.080 --> 0:30:38.600
<v Speaker 1>our listener Samantha, who tipped us off on some Brady

0:30:38.640 --> 0:30:41.200
<v Speaker 1>Bunch spinoffs from our last nine things that we did,

0:30:41.240 --> 0:30:44.520
<v Speaker 1>our favorite of which is The Brady Brides, where Marcia

0:30:44.600 --> 0:30:46.600
<v Speaker 1>and Jen have a double wedding to their boyfriends and

0:30:46.600 --> 0:30:48.600
<v Speaker 1>then have to live in the same house because they

0:30:48.640 --> 0:30:51.520
<v Speaker 1>can't afford to move out. Unfortunately, The High Drinks only

0:30:51.600 --> 0:30:55.920
<v Speaker 1>last is six episodes, which sounds great and terrible but one. Yeah,

0:30:55.920 --> 0:30:57.960
<v Speaker 1>but thank you so much for that, Samantha. But that's

0:30:58.000 --> 0:30:59.520
<v Speaker 1>it for today's show. If you want to send us

0:30:59.520 --> 0:31:02.000
<v Speaker 1>facts where part time genius at how stuffworks dot com

0:31:02.040 --> 0:31:05.080
<v Speaker 1>and from Gabe, Tristan, Will and me. Thank you so

0:31:05.160 --> 0:31:05.880
<v Speaker 1>much for listening.