Your Public Domain Update for 2017

Happy New Year all! As every year, I'm writing a blog post for Public Domain Day, listing all of the old books, movies, pieces of music, and works of art that are leaving copyright to join the public domain today. And, as every year in the United States, that list contains nothing at all. Public Domain Day is for people in other countries. Instead, we get Congress repeatedly extending the copyright terms to keep lobbyists for big media companies happy, so that virtually nothing has entered the public domain in the United States since January 1, 1978. So, as every year, I have to write a post about what would be entering public domain today.

Copyright in this country originally had a 28-year maximum, which gradually got doubled to 56 years (originally it was 14 years, renewable for a second 14, and then 28 renewable for 28 more). In the 1970s, Congress extended the term of copyright, freezing the public-domain clock so that nothing created after 1922 would become public for decades. That clock has never been restarted: just before the newer, longer copyrights could expire at the end of the 1990s, Congress extended them again with the Millennium Copyright Act, sometimes called the Sonny Bono act for one of its sponsors. The Constitution specifically forbids perpetual copyright; it only gives Congress the power to grant patents and copyrights for a "limited time." But Congress has gotten around this by simply granting one "limited" extension after another, so that Mickey Mouse (for example), stays in private ownership forever.

So, what are we missing?


If Not for the Millennium Copyright Act:

Citizen Kane would enter the public domain today. Let's just leave that one there for a minute: Citizen Kane. 

Also in the movies, we would get public rights to Dumbo, The Maltese Falcon, Dr. Jekyll and Mr. Hyde, Babes on Broadway, Charlie Chan in Rio, Abbot and Costello classics Buck Privates and Hold That Ghost!, The Devil and Daniel Webster, The Devil and Miss Jones (the Devil got a lot of work in 1941, and not just in Hollywood), Hellzapoppin', High Sierra, The Lady Eve, The Little Foxes, Major Barbara, Meet John Doe (which is feeling pretty topical right now), Moon Over Miami, Pimpernel Smith with Leslie Jones as the fearless Scarlet Pimpernel, The Road to Zanzibar with Hope and Crosby, Sergeant York, The Sea Wolf, The Shadow of the Thin Man, Sullivan's Travels, Hitchcock's original version of Spellbound, Tarzan's Secret Treasure, Tobacco Road, and The Wolf Man. Oh, and lest we forget, 1941's Oscar winner for Best Picture, How Green Was My Valley. (Better luck next time, Orson! Maybe your cinematography should have been more innovative!)

Wonder Woman should be leaving copyright today, free for anyone to write and draw. (So that someone, for example, could create a version of the world's mightiest woman who was not dressed like a streetwalker.) So would a host of Golden Age comic heroes, including Blackhawk, Plastic Man, Green Arrow, Aquaman, and lesser-known heroes such as Starman and Dr. Mid-Nite. (If you don't know who those are, well, my brother would never let me hear the end of it if I left them out.) Bad guy the Penguin would join Batman, Catwoman, and the Joker, who would already be in the public domain, so someone writing public-domain Batman would be able to add a Penguin storyline.

Beloved children's books Curious George and Make Way for Ducklings would become public domain today. So would Mother Courage and Her Children, Fitzgerald's The Last Tycoon, The Screwtape Letters, Evil Under the Sun, Between The Acts, My Theodosia, and What Makes Sammy Run? So would two personal favorites of mine: Borges's The Garden of Forking Paths and Nabokov's first novel in English, The Real Life of Sebastian Knight.

In music, we would hit another motherlode of American standards: "Blues in the Night," "Baby Mine," "Chattanooga Choo-choo" and "The Boogie-Woogie Bugle Boy," "All That Meat and No Potatoes," "God Bless the Child," "Deep in the Heart of Texas," "I Could Write a Book," "I Got It Bad (And That Ain't Good)," "Knock Me a Kiss," "Introduction to a Waltz," "Let's Get Away from It All," "So Near and Yet So Far," "Winter Weather," and, of course, the song that I believe should be our national anthem, "Take the 'A' Train." And for classical music fans, works by Bartok, Barber, Britten, Copland, Messiaen, Rachmaninoff and Schumann would all become free for public use.

But clearly, Congress has decided that works created in 1941 just haven't been under copyright long enough. Has anybody made any money off "Take the 'A' Train" yet? Or off Wonder Woman? We're just going to have to wait another twenty years for these intellectual properties to become public properties, or to have Congress pass another law keeping them private. The smart money is on the extension.

If not for the 1976 Copyright Act:

Harper Lee's To Kill a Mockingbird would enter public domain today under the laws that governed its initial publication. So would Updike's Run, Rabbit and Dr. Seuss's Green Eggs and Ham. Likewise The Violent Bear It Away by Flannery O'Connor, The Sot-Weed Factor by John Barth, Graham Greene's A Burnt-Out Case, Sylvia Plath's Colossus and Other Poems, and Walter M. Miller's science fiction classic A Canticle for Leibowitz. It would be a banner year for public-domain drama: Rhinoceros, A Man for All Seasons, Pinter's The Caretaker, Albee's The Sandbox, and the stage version of Orson Welles's Chimes at Midnight. 

But it would be an even bigger year for classic movies: Spartacus, Psycho, The Apartment, La Dolce Vita, BUtterfield 8 and The Magnificent Seven would all enter public domain. So would Inherit the Wind, The Alamo, the original Ocean's 11, Exodus, The Bad Sleep Well, Elmer Gantry, Please Don't Eat the Daisies, Hell Bent for Leather, the Vincent Price House of Usher and Roger Corman Little Shop of Horrors, The Swiss Family Robinson, Where the Boys Are, and The Unforgiven.

Plenty of Broadway musicals would enter public domain this year, too: Camelot, Oliver!, Bye-Bye Birdie, The Fantasticks, Flower Drum Song, and The Unsinkable Molly Brown. (That, Lin-Manuel, is what a Tony awards night with some suspense looks like.)

A huge number of pop hits would also become public domain today, exactly as they were expected to when they debuted. Crooner favorite "Ain't That a Kick in the Head" would leave copyright along with "Chain Gang," "Apache," "Calendar Girl," "Cathy's Clown," "I Gotta Know," "I'll Be There," "It's Now or Never," "Money (That's What I Want)," "Only the Lonely," "Spanish Harlem," "You're Sixteen," "Will You Love Me Tomorrow?," "When Will I Be Loved," "The Twist," and "Save the Last Dance for Me." Pretty good jukebox. Also the novelty songs "Alley-Oop," and "Itsy-Bitsy-Teeny-Weeny Yellow Polka-Dot Bikini," for anyone still interested in them. There would also be a good deal of interesting classical music, maybe most importantly Shostakovich's string quartets 7 and 8 and Messiaen's Chronochromie.

But all of those works will stay firmly in the hands of Sony, Disney, Time Warner, etc., until at least 2056. Someone needs another 39 years of royalties from Camelot, evidently, which would clearly be more productive than just letting people do Camelot, or even alter Camelot.

The good news is that the public domain clock, which has not ticked since January 1, 1979, is set to start ticking again two years from today, on January 1, 2019. On that day, if Congress does not intervene again, works published in 1923 will become free to the public. (Whose woods these are I think I know: They'll likely keep them private, though). Expect a bill to be before Congress before 2018 is over, and write to your representative and senators to tell them that sometimes, art has been in private hands long enough.

cross-posted from, and all comments welcome at, Dagblog

In Defense of Ebeneezer Scrooge

Oh, joy. The War on the War on Christmas is back. People are hollering that now that Trump has been elected, everyone is going to have to say "Merry Christmas" all the time and have "Merry Christmas" said to them all the time, whether they like it or not, and they don't like it, screw them anyway. What better way to express the meaning of Christmas? It's so very far from the spirit of Christian humility and love that I find myself, against all odds, ready to mount a defense of Ebeneezer Scrooge.

As we all know, Scrooge's response when wished a "Merry Christmas" is to say "Bah! Humbug!" We all know that, from early in childhood, as Scrooge's tag line. And we don't worry about what it means, exactly. It's an old-timey phrase that Scrooge says, and we get that it's negative. We learn the phrase much too early for the word "humbug" to be in our vocabulary for other reasons. So we don't think about it. But Scrooge is saying something very specific. The word "humbug" means fraud. Scrooge is saying that the holiday of Christmas is a fraud and an imposture. And, as Dickens's original readers all knew, Scrooge is saying that for well-established religious reasons.

Scrooge is expressing a religious objection to Christmas. A Christian religious objection to Christmas. Although Scrooge isn't shown as especially pious (because the whole story is set up to make him lose his argument), he is speaking for a long English Protestant tradition that viewed Christmas as a bunch of non-Biblical paganish nonsense. Those Puritanical Protestants had a strong  theological point here, in that the December 25th date is sooooo totally not Biblical.

(I'm not going to walk you through the details, but think about the Gospels' reference to the shepherds tending their flocks by night. What kind of shepherds tend their flocks outdoors at night near the end of December? Terrible, terrible shepherds who are letting all of their sheep die of painful exposure to the cold. What is wrong with these shepherds? Why don't they bring the flocks in for the winter like everyone else does? Do they hate sheep? But I digress. The answer is, it's not actually winter in the Gospel story.)

Anyway that have-you-heard-this-before rap your atheist office-mate annual lays on you across the cubicle divider about how Christmas is really this pagan holiday that Christians took over blah blah etc. etc., turns out to be basically accurate. But your atheist explainer friend has unwittingly borrowed that argument from a group of hard-core Christian fanatics from earlier centuries, who were absolutely determined, on the grounds of their faith, not to celebrate any Papist idolatrous nonsense like Christmas.

Ebeneezer Scrooge is recognizably descended from those Christian hard-liners, which is why his first name is Ebeneezer. Giving your children names from the Old Testament, rather than the name of a later Christian saint, is a Puritan practice, and into the 19th century that combination of Jewish first name and English last name is a sign of Puritan family history, the same way having a first name like "Rainwater" suggests that your parents were hippies. (If you see an early American named Ezekiel, Abraham, or Nathaniel, you can be 95% certain they have New England Puritans in their family tree.) Ebeneezer Scrooge is actually named after a rock (no, really) from the first book of Samuel. He's got a stony heart, right? But notice that his hard-firsted partner, Jacob Marley, also has an Old Testament/Puritan name. The nice guys in A Christmas Carol don't get those Old Testament names. They're named Bob and Fred.

Also notice that, partly because of stubborn religious objections, Christmas was not actually a legal holiday in Dickens's England. As in, no one had to close their store. That little exchange near the beginning where Bob Cratchit asks for Christmas off (or, and this is worth noticing, Scrooge prompts Cratchit to ask for Christmas off: "You'll be wanting the whole day off tomorrow?") makes no sense to us today. Why does Bob have to ask for the holiday off? Everybody gets the holiday off. Actually, they don't, because it's not actually a holiday. So give Ebeneezer Scrooge his propers: even at the beginning of the story, he gives Cratchit Christmas Day off when he doesn't have to. He closes shop on a day he could have done business and he pays Cratchit a full day's pay for a bogus fake holiday, a fraudulent humbug that Scrooge probably thinks of as un-Christian. He even goes out of his way to make sure to that Cratchit asks, which means that however much Scrooge huffs and grumbles he has actually decided to give Cratchit the paid day off before Cratchit asks. So don't be so hard on the guy.

Now, my boy Charles Dickens is very intent on promoting Christmas, for lots of reasons. Part of it is about a larger High-Church Anglican movement bent on reviving traditional holidays. And part of it, famously, is commercial, because Dickens wanted to promote Christmas gift-giving. (He published a lot of work in once-a-year annuals designed to be given as Christmas presents; A Christmas Carol was first published in one of these Christmas-gift-ready compilations.) He wants to make the strongest case for Christmas he can. And therefore, by and large, he leaves Jesus out of it.

A Christmas Carol always works from the premise that Christmas itself is not religiously defensible. The Ghosts make every conceivable argument for the Christmas holiday EXCEPT the argument about Jesus's birth. They never go to the Bethlehem story, never even get close. Because there's no way to con Scrooge, or frankly to con the readers, into accepting that this is actually Jesus's birthday. Dickens knows better than to make an argument he can't win.

So Dickens makes a case for a non-sectarian, ultimately secularized Christmas, based on recognizably but not exclusively Christian values, such as generosity, and a generally small-c conservative emphasis on the pleasures of tradition. (Dickens is working the tradition angle from the first few sentences of the story, in ways that work all the better because they don't call full attention to themselves.) And in there Dickens slyly folds in his message that the best way to celebrate Christmas is to buy things.

Now, I love A Christmas Carol. It tells its story very well. But then, I'm a superstitious Papist. What do I know? But I want to point out that one of the things A Christmas Carol is doing is taking Christ out of Christmas. And it does that in 1843. So don't tell me it's some modern liberal conspiracy. Charles Dickens did it, long before any of our grandparents were born. And he invented the holiday we all know today: a commercial and secular holiday that's about vague, feel-good sentiments and about tradition for tradition's sake, rather than about any actual religious content per se. Dickens made Christmas for everyone, because if it were actually about Jesus most Christians would not have accepted it.

Ebeneezer Scrooge doesn't accept Christmas because of Jesus. Ebeneezer Scrooge doesn't accept that Christmas has anything to do with Jesus. And no one in the story who comes from the Afterlife tries to tell him any different. What turns Ebeneezer Scrooge around is a general set of positive values, loosely tied to Christianity but by no means tied to any specific sectarian identity: kindness and generosity, warmth and affection, values that you'll tend to find among believers of nearly every religion. Scrooge likes to hear the Christmas bells, but you'll notice he doesn't actually attend any church. He's not observing a religious holiday. He's just in it for the peace on earth and goodwill to men.

So, however you celebrate these winter holidays, let's keep Dickens and Scrooge (reformed version) in our hearts this winter: a warmth and generosity that extends itself to all without exclusion, without getting hung up on the details of doctrine or on membership in any specific sect or tribe. Wish people well this holiday season with no strings attached, without being stingy of your good will. And God bless us, every one.

cross-posted from, and all comments welcome at, Dagblog

Having a Partisan Thanksgiving

I hope you've all had a happy and relaxing Thanksgiving. I was lucky to host this year, with both my wife's family and mine traveling here to scenic Ohio, and I was also the lucky cook. (I took over turkey and gravy a few years ago, but this was my first year doing the whole meal, and -- since people had traveled to see us -- also feeding the crew on Tuesday and Wednesday nights.) And I was lucky enough to avoid political arguments at the table, because no one in my family voted for Trump. But political arguments on Thanksgiving are not the end of the world. Thanksgiving, as a national holiday, is the direct result of political conflict, and it's a mistake for us to forget that.

So, a quick history lesson:

Everybody knows the story about the first Thanksgiving at Plymouth Plantation. And that's true, in the sense that the event really did take place. But that's not when Thanksgiving became a national or even a regular holiday. The Pilgrims didn't have another Thanksgiving the next November. And some people know the historical fact that Lincoln proclaimed the first regular, national Thanksgiving, although that fact tends to confuse people. How did this holiday get founded twice, first in 1621 and then in 1863? And how can it be that Thanksgiving's two original moments happen more than 240 years apart?

A quick google search will explain that Lincoln simply set a standard national date for Thanksgiving, which different states were celebrating on different days. And that is part of the story. But that makes it sound as if the whole country was already united behind Thanksgiving, which only the logistical problem of deciding when to have it. That's not true. (Think "things left to the states to decide" and "Lincoln" and you'll see where this story is going.)

The real truth is that Thanksgiving was originally part of America's cultural wars, and so was Christmas. We now think of those two holidays as part of a single season, but they used to be indirectly (and sometimes pretty directly) opposed to each other. Not everyone celebrated both, and the division between the holidays broke down on regional, religious, and ideological lines.

Thanksgiving is a New England thing. It was originally a regional holiday, celebrated by New Englanders. It's also, not to put too fine a point on it, a Puritan holiday, celebrated in the Northeast by Congregationalists, Presbyterians, and other churches with Puritan roots. Thanksgiving was especially valuable to these Puritan-leaning New Englanders because they did not celebrate Christmas. They actively despised Christmas as a lot of heathenish nonsense. Celebrating it, or even closing the store on December 25, went against their religious beliefs.

On the other hand, Christmas was widely celebrated in the South, which had been heavily settled by Anglicans who observed the traditional liturgical holidays. (New York was also a stronghold of Christmas, partly because of its old Dutch roots and partly because it was such an ethnic and religious melting pot.) But plenty of Southerners wanted nothing to do with Thanksgiving. They saw it as alien: a celebration of another region's culture and another denomination's beliefs. They were not wrong. A lot of Southerners also saw Thanksgiving as an abolitionist thing, and they weren't wrong about that either. The lead campaigner for Thanksgiving as a national holiday was the novelist Sarah Josepha Hale: a feminist Yankee abolitionist. Thanksgiving was against Southern values.

Christmas spread more or less nationwide in the 1840s and 1850s, although it did not become a legal federal holiday until 1870. But it was slowest to spread in New England and, although I don't want to overstate the case, there was at least some overlap between the people campaigning for Christmas in New England and the people campaigning for national unity and brotherhood, meaning appeasing Southerners on the slavery question. Thanksgiving spread out across the country as well, perhaps more slowly, because people kept moving west from New England to places like Michigan and Ohio and bringing Thanksgiving with them. So there was eventually an overlap where states celebrated both holidays, but Thanksgiving in November did not really spread in the South.

Thanksgiving, our holiday of national unity and togetherness, became a national holiday because the North won the war. Lincoln proclaimed Thanksgiving nine months after the Emancipation Proclamation. Sarah Josepha Hale was happy about both. American Thanksgiving was a victory for Northern abolitionist values.

We don't remember all of this story, because we don't like to remember it. Our country can never forget the Civil War, but we work very hard to forget the twenty or thirty years that led up to it. We like to talk about unity and civility and getting past partisan divisions. We don't like to remember that unity, civility, and compromise were key arguments for continuing to permit slavery. We forget that the opponents of slavery were called divisive and accused of tearing the country apart. If we remember that, we would have to remember that the Civil Rights Movement was accused of tearing the country apart, that Martin Luther King, Jr. was called a radical communist. We would have to remember that the people calling for unity and mutual understanding in the 1950s and early 1960s were calling for more sympathy for Southern segregationists and their feelings about their local traditions, that demands for justice were called unnecessarily confrontational.

We like to tell ourselves a story about a united, harmonious nation, joined in consensus. That story is neither true nor healthy. Our history is one of repeated confrontations over core national principles, and maybe most importantly a history of confrontation over race. And, time and again, Americans who stand up for racial equality, for America's best republican-with-a-small-r traditions, are accused of incivility and divisiveness. Because the cardinal rule of American political etiquette, in 1856 and in 1956 and in 2016, is that it is divisive and uncivil to take non-whites' side against one's fellow white people. How can you be so unpleasant and make such trouble, when surely whatever this problem is can wait?

That's still the story today, when there are public calls to unify behind the most divisive political figure in modern history, a politician who only sees some Americans as real Americans. The call for "unity" is a call to accept that racist, tribal definition of America, to "unify" by excluding a third of our fellow citizens and to pretend that they are not "really" American. That isn't unity. And that isn't the America I celebrate.

But Thanksgiving is a reminder of one old, deep strand in the American spirit, a strand that has stood by unpopular principle and resisted wrongful power. That's the spirit of the Pilgrim Separatists at Plymouth, and the spirit of the New England abolitionists who followed after them, with a heavy helping of Revolutionary patriots in between. I am grateful for that American legacy, which we need today as much as we ever have.

cross-posted from, and all comments welcome at, Dagblog

I'm Staying American. How About You?

Because I love my country, Tuesday's election broke my heart. My fellow Americans -- less than half of us, but still too many -- turned their backs on what is best in our country to elect a man who has no love and no understanding of the things that make America great: freedom and equality.

Somewhere between forty-seven and forty-eight percent of voters decided that they wanted a race-baiting authoritarian instead. Those voters turned out not to love the same country I do, not to love it for the reasons it is worth loving.

But I still believe in that America. I believe in the America of liberty, equality, and justice for all, the America that has not always lived up to its values but still always had them. I am not quitting on that country. I was raised to love it, and I will die believing in it.

If America is about white people hating brown people, you can have it. That version of America can go to hell, and will. Yes, I know our history of racist violence and plunder. I cannot deny it. But I have no allegiance to that history. The America I believe in, the America worth believing in, has always existed alongside that uglier vision. They are the wrestling sides of the American soul. I am not done wrestling. If we give up on our better angels, there's no country left for me to love.

For the last five nights and days, I have been asking myself what I am going to do now. And I still have no answer but Whatever I have to. The path forward is not yet clear, and I am not ready for everything I may need to do. I am not eager for any of it. This is not the fight I would have chosen.

But I have had it easy. I grew up lucky in a free country, in a generation that was not asked much. I was a sunshine patriot, born in the sun. I could praise the heroes of our past, the Franklins and the Lincolns and the Dr. Kings, without having to ask if I would have met their challenge. That isn't true anymore. I wish it were, but it's not.

Some generations are asked to go to Valley Forge: to stand by their country when the outlook is darkest. Some generations are chosen to stand up for the American experiment, to risk and suffer for it, to bear witness. We have now become one of those generations, and we are off to a sorry start.  But this, of all times, is not the time to quit. This is when America, the America we grew up loving, needs us most. The time for the sunshine patriot is gone. These are the times that try men's souls.

crossposted from, and all comments welcome at, Dagblog



freedom for all under the law, equal protection and opportunity, and America dedicated to expanding

Vote for American Democracy. Vote Hillary.

This Tuesday, I want to ask you to vote for something bigger than a person. I ask you to vote for the future of our country. I ask you to vote, as an American, for our democratic republic and for the constitutional political system that has preserved us from civil violence for the past hundred and fifty years. I ask you to keep faith with the American experiment. The best and only way to do that this year is to vote for Hillary Clinton.

Vote for a country where we don't jail the loser of an election, or threaten to jail our political opponents.

Vote for a country where both parties agree to abide by our elections.

Vote for a country where no major candidate casts doubt on the fairness of our elections.

Vote for a country where the politics stop at the water's edge, and no party accepts or tolerates interference from a foreign power.

Vote for a country where we have a full and functioning Supreme Court, and where no party damages our democratic government just to keep the other party from having its turn to make appointments.

Vote for a country where the President does not order our military to kill unarmed women and children.

Vote for a country where we do not shut down the government or threaten to default on the national debt because one party lost a fair vote about something they wanted.

Vote for a party where no eligible voter is turned away from the polls, and no voter is intimidated while waiting to vote.

Vote for a country where the President does not threaten freedom of the press.

Vote for a country where we solve our disagreements through rules that we have agreed on beforehand, the rules of politics, law, and civil order, rather than through force. Vote for a country where we make deals and live by them rather than shooting at each other or throwing each other in jail.

If "making deals" sounds corrupt or dirty to you, remember that the alternative is lawlessness and despotism. The choice is not between compromise and idealism. The choice is between compromise and tyranny. It is the rule of law or the rule of force.

And if tearing up the system sounds like a good idea to you, remember that the system we're talking about -- peaceful transfer of power, freedom of the press, parties abiding by elections -- is the system put in place by George Washington and the Framers of the Constitution.

This year, one candidate is running to be President inside George Washington's system. The other is running to make himself something like a king, with powers that Washington did not want any president to have and that the other Founders would not trust even to Washington: the power to jail opponents, the power to shut down newspapers. It is not clear our democracy can survive that.

Don't take my word for it. Take Donald Trump's. He has said he wants to throw his opponent in prison. He is campaigning on that. He has promised to order our soldiers to kill women and children, promised to authorize torture, promised to "open up the libel laws" so he could close down newspapers and news channels. And he has openly said that he will not agree to accept the results of the election if he does not win. He is not running against Hillary Clinton. He is running against the American Republic.

Hillary Clinton is a compromising politician, which makes her unpopular with some people. But I ask you to vote for an American who solves conflicts through compromise and politics, within the bounds of the Constitution. I ask you to vote for a negotiator. I ask you to vote for a deal-maker. I ask you to vote for four more years of Americans at peace with one another in our own country.

I ask you, above all, to vote for the possibility of another election like this one, to give yourself another chance to vote in 2020, and 2024, and for the long hopeful future of our beautiful country. I ask you to vote for politics and for politicians, for democracy in all its messy, mundane, compromised glory. I ask you to vote for the Constitution of the United States of America, and to vote for Hillary Clinton, who will guard that Constitution for all her days in office and pass that sacred charge along, as Washington and Adams and Jefferson did, to her duly elected successor.

I ask you to keep the faith with all the Americans who have gone before us, believing in our democratic Republic, and to keep faith with all the Americans yet to come. Let the American Experiment go forward, and may it last forever.

cross-posted from (and all comments welcome at) Dagblog