Troll Doll Production Resumes

Newsday ^ | May 17, 2002 | The Associated Press

[Willie Green]

PHILADELPHIA -- An American company can resume producing those grimacing, spiky haired troll dolls because a federal appeals court has decided that the company may have the copyright privileges to produce the dolls.

The trans-Atlantic copyright dispute has spanned decades, with Dam Things from Denmark and Russ Berrie & Co. squabbling over who owns the right to make the lovable little figures.

[Willie Green]

Article I, Section 8: The Congress shall have power to...
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

"Inventions... cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody... The exclusive right to invention [is] given not of natural right, but for the benefit of society."

--Thomas Jefferson to Isaac McPherson, 1813. ME 13:334

[Hodar]

The trans-Atlantic copyright ...

The key word is 'copyright'. Much like books written by Mark Twain cannot be reproduced by just anyone, nor Mozarts's music freely re-printed, nor can anything that has been copyrighted. Copyrights do NOT have a limited time clause. If the 'Copyright' has been given to the Danish companies, we are indeed in violation of our own 'Copyright' laws. I cannot for example, decorate my Baby Seal Fur covered tennis shoes with the Nike 'swoosh'; despite the fact that the 'swoosh' has been around for beyond the 'patent' timeframe.

[LurkedLongEnough]

This troll? He re-invents himself, every day.

[Tony in Hawaii]

So, does Ross Perot get a royalty now?

[Willie Green]

Copyrights do NOT have a limited time clause

Would that not be a violation of the Constitution which stipulates that exclusive rights be granted "for limited times"?

[Hodar]

The limited clause is to prevent inventors from having lifetime exclusive rights to a soon-to-be technology (microwave ovens, vaccines, drugs, auto's) that could become a necessity to life. Copyrights on the other hand, are given to works of 'art' that are outside the domain of necessities. One could live life without hardship, and never read shakespeare, hear Beethoven, see the Mona Lisa, or be beaten with a troll doll. A copyright is basically good forever, and would anyone really want it any other way? Just because a 'book' is old, need not imply that the author's estate should not benefit from it's sale.

[GreenLanternCorps]

Hodar, Copyrights do expire. If I recall correctly, the law is the life of the author, plus 75 years.

Samuel Clemens' (AKA Mark Twain for those who didn't pay attention in school) works are no longer copyrighted, they are in the public domain.

GLC

[Hodar]

Thanks for the clarification ... I was under the assumption that they were without limit. Thus, the works of Shakespear, Beethoven, Mozart et al. may be freely copied, distributed and re-printed?

[Senator Pardek]

Thanks, Mimi!

[Senator Pardek]

Er - not exactly. What this means is, you may record, transcribe, or perform the works of Beethoven, and you do not have to pay his estate anything. However, distribiuting recordings of Yo-Yo Ma playing Beethoven is a no-no.

[Willie Green]

If I recall correctly, the law is the life of the author, plus 75 years.

IMHO, that period of time far exceeds what the Founders would have considered "for limited times".

20-25 years seems more reasonable.

I'm also not very favorable toward the selling of copyrights to parties who were not involved in the original creative process. Doesn't Paul McCartney own a rediculous number of copyrights including songs such as "Happy Birthday"? Jeez-O-Peet, I don't begrudge the man profits for his own creations, but to collect royalties on other songs that he didn't author??? Doesn't seem right.