
Beatrix Potter’s work is now in the public domain
Authors write to make a living. Eventually, authors get old and die, but their work lives on. Books, paintings, even movies — all become part of our historical and cultural heritage. Imagine how we’d all lose if someone still held a copyright on Shakespeare’s plays, or Beethoven’s music, or the paintings in the Louvre.
But how long should an author’s heirs be allowed to profit from an author’s work? On that there is no agreement. In past years, it is profit that has been winning, and copyrights have been extended for longer and longer.
This year, the work of artists and writers who died in 1943 came into the public domain. That included the work of Beatrix Potter. Current copyright law in the U.S. keeps copyrights alive for 70 years after the author’s death. Peter Rabbit was first published in 1902, so that means that Peter Rabbit was private property for about 112 years. That’s a long time.
Copyrights were extended again (by the U.S. Congress) as recently as 1998. Mickey Mouse, Gone With the Wind, and Gershwin’s Rhapsody in Blue are still private property. Those who opposed copyright extension complained that the intent of the law was to protect lucrative franchises such as Mickey Mouse that corporate owners want to keep locked down.
This is a major conflict in our culture at present — the conflict between private property and “the commons.” For example, owners of beachfront property are in conflict with those who maintain that beaches are a natural resource that belong to all of us. For years and years, defenders of the commons have been losing. This means that a few people are much richer. But the rest of us are poorer.
Why is this on my mind at present? Partly because I wanted to use an excerpt from a poem by Edna St. Vincent Millay after the title page of Fugue in Ursa Major. I waited too long to check on the rights to Millay’s work, assuming that her work was now in the public domain. I was wrong. A foundation owns the rights to Millay’s work. To avoid any pesky legal risk, I had to apply to the foundation for permission, and I had to include a special credit line on my book’s ISBN page. This held up the publication of Fugue in Ursa Major. If I’m doing the math right, I believe we have to wait seven more years for Millay’s work to enter the public domain.
However, the publication of Fugue in Ursa Major is getting close, and I will be able to keep to the July 14 release date. The revisions are done, the type is set. Everything is in the pipeline. I’ll have much more to say about Fugue in Ursa Major as July 14 approaches.
P.S. If you haven’t seen the 2006 film “Miss Potter,” about the life of Beatrix Potter, I encourage you to put it on your must-see list.