Longer Copyright Protection: Yay or Nay?

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Longer Copyright Protection: Yay or Nay?


Dareem Scipio*


Intellectual Property Rights as a matter of public policy are subject to various limitations. One such limitation is the duration in which these rights subsist in right holders. Limitations such as these are essential due to the general monopolistic and exclusive nature of intellectual property rights.


In Trinidad and Tobago, the current legal framework provides that copyright protection shall subsist for the full life of the author and 50 years after his/her death.[1] However, this position is expected to change in the very near future. The Attorney General of Trinidad and Tobago recently indicated the government’s intention to bring a bill to the parliament that will extend the term of copyright protection for the life of the author and 70 years after his/her death. The general rationale given for the proposed change is to bring Trinidad and Tobago in line with international best practices.[2] Therefore, it is necessary to examine the international legal framework governing copyright protection duration.

 

International Legal Framework

The lifespan of copyright protection has long been extended to the life of the author and 70 years post-death in several jurisdictions. The European Union adopted such a position in 1993.[3]  The United States made the decision to extend protection in 1998.[4] An examination of Commonwealth jurisdictions shows that while some countries such as Canada and Australia have already adopted the ‘international best practice’ position, some such as South Africa and New Zealand have maintained protection for the life of the author and 50 years post-death. Closer to home, St. Kitts and Nevis recently adopted 70 years post mortem auctoris.[5] Importantly, the position in Jamaica is protection for the life of the author and 95 years after death.[6] In this regard, the position adopted by Jamaica has surpassed that of many other countries and is at the upper end of copyright duration the world over. 

 

A step in the right direction?

At the international level, there is general support for the lengthening of copyright protection. However, the true impact of lengthening copyright and the benefits associated with such a move must be assessed. Several reasons have been put forward by various commentators in support of lengthening protection. These include: (i) longer protection provides authors/creators with the opportunity to derive earnings for a longer period of time; (ii) the detrimental impact of piracy on right holders fuelled by the rise of digital media; and (iii) longer protection does not hinder creativity.[7] Prima facie, these propositions appear to be reasonable in support of lengthening copyright protection. In fact, one may even look at it from the perspective of leaving behind a legacy since it is not really the creator benefiting following their death, but their estate. The right in this regard obtains a character similar to that of any type of tangible personal property. Likewise, one should not be ignorant of the negative impact that piracy can have on creators. Piracy deprives creators of the full economic benefit of their works. While a longer protection framework does nothing to solve the root problem, it can help in mitigating the overall impact.


However, counterarguments have also been expressed. In particular, it has been argued that increasing the length of protection hinders creativity and stifles cultural growth by limiting access to existing works. It has also been said that there is no real increased economic benefit to be obtained from lengthening copyright duration since the commercial life of the average work is very short.[8] Overall, it appears from the number of jurisdictions that have already increased their term of copyright protection that the advantages and reasons in support outweigh any disadvantages and/or criticisms. However, it should be noted that these extensions are influenced by the content industry lobby groups. 


If the duration of copyright is increased in Trinidad and Tobago, this will bring the copyright framework in greater alignment with the international standards. Whether such a move will ultimately benefit local creators will remain to be seen. 


* Author can be contacted at studentscipio@gmail.com.


[1] Trinidad and Tobago Copyright Act s.19.

[2] Parliament of Trinidad and Tobago Hansard pp 133.

[3] Council Directive 93/98/EEC Harmonizing the Term of Protection of Copyright and Certain Related Rights.

[4] United States Copyright Term Extension Act 1998.

[5] Saint Christopher and Nevis Copyright Act 2024.

[6] Jamaican Copyright (Amendment) Act 2015.

[7] O Hatch, 'Toward a Principled Approach to Copyright Legislation at the Turn of the Millennium’ (1998).

[8] Jimmy Parc, ‘The true impact of shorter and longer copyright durations: from authors’ earnings to cultural creativity and diversity (2020) 






 

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