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hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: NewtonMP2100
Date: May 10, 2022 09:31PM
.....Republicans continue attack on Disney....


Sen. Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’

....Sen. Josh Hawley introduced a bill on Tuesday that aims to revoke Disney’s copyrights, as Republicans are seeking to outdo each other in attacking the “woke” corporation.

Hawley’s bill would dramatically rewrite U.S. copyright law, shortening the total term available to all copyright holders going forward by several decades. It would also seek to retroactively limit Disney’s copyrights, effectively stripping the company of much of its intellectual property, in a move that would face several legal obstacles.

“That is a blatantly unconstitutional taking of property without compensation,” said Prof. Paul Goldstein, an intellectual property expert at Stanford Law School.

Hawley’s move comes on the heels of Gov. Ron DeSantis, who signed a bill last month that aims to dissolve the Reedy Creek Improvement District, a 40-square-mile area that Disney controls in Orlando. DeSantis took the action in retaliation for Disney’s opposition to the Parental Rights in Education bill — dubbed “Don’t Say Gay” by its opponents — that restricts classroom discussion of sexual orientation and gender identity.

Both DeSantis and Hawley are seen as potential contenders for the 2024 Republican presidential nomination.

In a press release announcing the legislation on Tuesday, Hawley said that Disney had benefited from “unnecessarily long copyright monopolies,” and that it is time to end “the age of Republican handouts to Big Business.”

“Thanks to special copyright protections from Congress, woke corporations like Disney have earned billions while increasingly pandering to woke activists,” said Hawley, who once clerked for Chief Justice John Roberts. “It’s time to take away Disney’s special privileges and open up a new era of creativity and innovation.”

The retroactive provision of the bill applies to any entertainment company with a market capitalization above $150 billion. Disney’s market cap is $196 billion.

In 1998, Disney lobbied heavily for the extension of copyright for works made for hire, such that critics dubbed the bill the Mickey Mouse Protection Act. The character first appeared in “Steamboat Willie” in 1928, and was set to enter the public domain in 2003. The act extended the term from 75 years to 95 years. The character — at least, the original black-and-white version — is now set to lose copyright protection on Jan. 1, 2024. (Disney would still retain copyright to later versions of the mouse.) There is no indication that Congress is interested in further extending copyright at this point.

Hawley’s bill would impose a 56-year term on all of Disney’s copyrights retroactively. Prof. Tyler Ochoa, an intellectual property expert at the Santa Clara University School of Law, agreed with Goldstein that that is likely unconstitutional.

“The Supreme Court has held that Congress can extend the term,” Ochoa said. “But if you try to take the term away, that is almost certainly a taking of property.”

The Copyright Act of 1909 set an initial copyright term of 28 years, with an option for a renewal of another 28 years. In 1976, Congress extended the term to the life of the author plus 50 years, later extended to 70 years. That provision is necessary to participate in the Berne Convention — the international treaty on copyrights. If Congress were to go back to a 56-year maximum, it would violate the treaty, potentially incurring monetary penalties or trade sanctions......



attack......continues......?!



_____________________________________

I reject your reality and substitute my own!



Edited 1 time(s). Last edit at 05/10/2022 09:32PM by NewtonMP2100.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: GGD
Date: May 10, 2022 09:44PM
and that it is time to end “the age of Republican handouts to Big Business.”

What other big businesses are on his list?
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: $tevie
Date: May 10, 2022 10:17PM
Hawley is a tool.
And anyone who uses the term "woke" should be horse-whipped.



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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: AllGold
Date: May 10, 2022 10:19PM
smiley-laughing001



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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: Speedy
Date: May 10, 2022 11:56PM
Quote
GGD
and that it is time to end “the age of Republican handouts to Big Business.”

What other big businesses are on his list?

At least he idiotically admitted this is what Repugs do.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: RgrF
Date: May 11, 2022 01:22AM
He's just trying to keep up (fund raising) with the big boys, maybe even envisions hisownself as a player or Veep candidate.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: N-OS X-tasy!
Date: May 11, 2022 03:21AM
Right move for the wrong reason.



It is what it is.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: Spock
Date: May 11, 2022 06:57AM
Quote
N-OS X-tasy!
Right move for the wrong reason.

And ....

Quote
$tevie
Hawley is a tool.

Both of you are correct.



Comedy Central: Best news channel that isn't a news channel.

Fox News: Best comedy channel that isn't a comedy channel.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: pdq
Date: May 11, 2022 07:01AM
Quote
$tevie
Hawley is a tool.
And anyone who uses the term "woke" should be horse-whipped.

Twice in the same sentence!
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: pdq
Date: May 11, 2022 07:12AM
Quote
RgrF
He's just trying to keep up (fund raising) with the big boys, maybe even envisions hisownself as a player or Veep candidate.

Indeed…which apparently now requires proposing actions that are blatantly against legal tradition and international treaties as well as the Constitution, which the Right claims to revere, when it doesn’t need to shred it at whim.

I’d say this is pure hucksterism - that he wouldn’t actually pursue this if he somehow (bizarrely!) found himself in a position of power, but you know, these days I’m not so sure.

I hope business is paying attention to what’s boiling up from the depths of the “business-friendly” GOP these days.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: S. Pupp
Date: May 11, 2022 07:12AM
Apparently, it’s time for autocracy and for the normalization of abuse of power. Yay GOP.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: jonny
Date: May 12, 2022 12:21PM
Gotta say, as much as I despise Hawley, I'm all for rolling back Sunny Bono's misguided handiwork.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: Sam3
Date: May 13, 2022 03:18AM
agree smiley



The arts are not luxuries but assets that give way more than they cost.
--Ronald Tucker on YouTube

A mind is like a parachute. It doesn't work if it is not open.
--Frank Zappa
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: Lux Interior
Date: May 13, 2022 09:22AM
Quote
jonny
Gotta say, as much as I despise Hawley, I'm all for rolling back Sunny Bono's misguided handiwork.

If it applies to everyone and not just the Walt's Frozen Head Company.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: JoeH
Date: May 13, 2022 10:48AM
Quote
Lux Interior
Quote
jonny
Gotta say, as much as I despise Hawley, I'm all for rolling back Sunny Bono's misguided handiwork.

If it applies to everyone and not just the Walt's Frozen Head Company.

Yep, but they can't roll back as far as Hawley's bill would. There are treaty obligations tat the US has signed onto that require longer copyright protection that provided for in his bill.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: Bill in NC
Date: May 13, 2022 03:02PM
So just reset all copyright terms to the minimum specified by treaty.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: RgrF
Date: May 13, 2022 07:13PM
If you make a treaty you can revise a treaty.
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Re: hee haw?!....Josh Hawley proposes bill to strip Disney's copyrights.....
Posted by: JoeH
Date: May 13, 2022 11:21PM
Quote
Bill in NC
So just reset all copyright terms to the minimum specified by treaty.

Then you get into the whole compensation for lost property rights. Even if they rolled it back from the 95 years to the 75 years it was before that, owners of the copyrights will lose 20 years of possible revenue. There would be lawsuits for certain if the rollback was either not phased in by something like grandfathering items already under the extended term, or there was no form of compensation included in the law.

However it went, I expect the courts would be busy for years sorting any change.
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