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Alice-in-Wonderland.md (4163B)

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title: Alice in Wonderland and the theft of the public domain
layout: post
date: 2020-08-24
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---
Disney's *Alice in Wonderland* is one of my favorite movies and an undisputed
classic. After its release in 1951, *Alice* holds a fond place in billions of
children's hearts, over almost four generations. And it has been stolen from
those generations, as part of the theft of one of these generations' greatest
treasures: the public domain.
![](https://l.sr.ht/pMHw.jpg)
I often use this film as an example when arguing about copyright. Almost
everyone I speak to was born well after the film's release (in fact, this is
true of almost everyone *alive today*), but they remember it fondly regardless.
Many people I've spoken to would agree that it even played a formative role in
their childhoods; it's a film dear to many hearts. My mom is very fond of the
Cheshire Cat in particular, and owns quite a bit of relevant merchandise.[^1]
[^1]: She is not sure how much of that merchandise is officially licensed.
Like many films from their "Golden Age", Disney's *Alice* is itself a derivative
work, based on Lewis Carroll's 1865 book. However, Disney's film won't enter the
public domain until 2046, and until then, no one can create derivative works of
their own without receiving permission from and paying a tithe to Disney. And if
modern-day copyright law, [bought and paid for by Disney][mickey mouse act], had
been in force at the time Alice in Wonderland was made, they would have released
their film 17 years *before* Carroll's novel entered the public domain.
[mickey mouse act]: https://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
Carroll, who died in 1898, was 53 years dead when the film was released. Everyone
who is listed in the credits for Disney's Alice in Wonderland is also dead, with
the exception of Kathryn Beaumont, who played the role of none other than Alice
herself.[^2] [^3] She was 12 years old at the time. And still today, the
copyright remains in force, though no creators remain to enjoy its privileges.
It shall remain so for another 26 years, when I can finally celebrate my
Alice-in-Wonderland-themed 53rd birthday party, having been robbed of the
privilege at age 11.[^4]
[^2]: The last person credited for Alice in Wonderland to have died was [Don Lusk](https://en.wikipedia.org/wiki/Don_Lusk), who died in 2018 at the age of 105. He lived through World War I, fought in World War II, then went on to animate 17 films for Disney. 
[^3]: Another honorable mention goes to [Ben Sharpsteen](https://en.wikipedia.org/wiki/Ben_Sharpsteen), the production director on *Alice*, who enjoyed the status of oldest staff member on the production, having been born in 1895. He was alive in Lewis Carroll's lifetime!
[^4]: Okay, I'll fess up: I never had any plans of an Alice-themed birthday party when I was 11, or at any other age. But you can bet I'm planning one for my 53rd now!
Copyright was established in the United States to incentivize artists,
musicians, authors, writers, and other creatives to create novel art, allowing
them to enjoy the exclusive rights to it for a short period[^5], then ultimately
*enriching* the public domain. The obscene copyright terms we're faced with
today have robbed the American public of its national heritage. Any work made
today will not enter the public domain during the lifetimes of any of its
contemporaries, let alone soon enough for those contemporaries to *do* anything
with it.
[^5]: 14 years, or 28 years if renewed
A system designed to incentivize creation has become a system which incentivises
the opposite: rent seeking. A rent which is sought from the American public, in
exchange for which we're no longer getting our end of the deal.
Well, the deal is off.
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