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
- noindex: true
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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.
- <link rel="stylesheet" href="/video-js.css">
- <script>
- window.HELP_IMPROVE_VIDEOJS = false;
- </script>
- <script src="/video.js"></script>
- <video class="video-js vjs-16-9" data-setup="{}" controls>
- <source src="https://drewdevault.com/alice.webm" type="video/webm">
- <p>Your browser does not support HTML5 video, or webm. Either way you're not
- going to watch this video.</p>
- </video>