Disney and Copyright fights (Again)

Disney is no stranger to fights over IP and monopolization disputes. It was the most active of the corporations backing the US copyright reform in the 80s and 90s, including the infamous 20-year freeze on the public domain. Its intransigence and naked desire to maintain exclusive control over Mickey Mouse have made it the popular bogeyman in many a free information advocates creations. 

So, as we creep ever closer to Steamboat Willie entering the public domain (2024 if nothing changes) I was not surprised to see Disney headlining more articles about potential copyright reforms. Though, the exact nature of the reforms and the surrounding context did surprise me. Right wing Republican legislators in the state of Florida passed a sweeping law making it illegal to discuss sexuality in schools, dubbed the `Don't say Gay law` since it mainly targets depictions of homosexuality and has lead to a surge of right wing propaganda equating queer identities with child grooming. The bill and its implications are essentially an American version of the infamous Section 28 code passed into law in the United Kingdom in the 1980s and wasn't scrapped until 2003. It also mandates that teachers out their students to their parents, which is essentially a mechanism for abuse and harassment and will only cause more suffering for children. So, much for child protection.

Disney came under intense criticism since, as a key sector of Florida's economy for decades, its lobbying efforts helped put many of these legislators and the Governor Ron DeSantis. 

  “How many parents want their kindergarteners to have transgenderism or something injected into classroom discussion?”

- Ron DeSantis

Disney's lack of action caused great consternation amongst its fans and employees, many of whom staged walkouts in protest of both the bill and their employer's connections to it. 

Here's a handy video by James Somerton on this story from two months ago

Things can change rather quickly in politics. Due to the pressure and criticism, the Disney corporation slowly started to change direction. Its CEO openly apologized for its previous silence and made some statements in support of repealing the law. 

On Friday, Mr Chapek told employees in a memo that he was wrong to have been silent on the 'Don't Say Gay' bill.

The admission came after he had claimed earlier in the week that he believed "corporate statements do very little to change outcomes or minds" and Disney's involvement would make it "a political football" - a statement that was denounced by animators on social media, who called it a "momentous misstep".

https://www.bbc.co.uk/news/world-us-canada-60714063 

Since March, I've tried to find evidence of any constructive action on the part of the Disney corporation, couldn't find much, a meeting that was organised to discuss the bill with employees, and some comments about possibly relocating staff who are affected by the law and a pause (Disney's word) on donation to political groups in Florida and some more press snippets about opposition. However, even that was apparently enough to shatter years of shoulder rubbing and palm greasing. The Republican's of Florida were not happy, and acted decisively. 

I was genuinely surprised to see how swift and damaging their retaliation against the Disney corporation was. Within weeks of Disney's stumbling turn to mild opposition, the Florida state government ended the corporation's exemptions and even dissolve its special district and governmental privileges. Yes you read that correctly, Disney has been such a powerhouse in the state of Florida it had managed to become a distinct municipal political entity. 

From late March through April, the Florida Republicans have passed bill after bill stripping Disney of privileges and perks it won through decades of heavy lobbying. But that isn't all. In May the Republican Senator for Montana, Josh Hawley introduced a bill to Congress called, The Copyright Clause Restoration Act (CCRA). The CCRA if it were passed would return the United States to its pre 1970s copyright system of registration and terms of renewal, a maximum of 56 years if the renewal is taken. It also has clauses that apply retroactively, which mean that works created in the United States that are 56 years old or over would fall into the public domain! Or so it's commonly reported. Naturally, when I saw the headlines and clickbait I was surprised and excited, but, alas we do not live in a world that's naturally that just.

There are massive caveats and red flags. First, Hawley is a right wing bigot and this initiative has nothing to do with creative freedom, it's merely an attempt to punish a number of big companies that the far right in America consider "woke" and subversive. 

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

https://thehill.com/news/senate/3483021-hawley-introducing-measure-to-strip-disney-of-copyright-protections/

That Disney is not only included but at the top of many of these lists just show how divorced from reality this world view is. Furthermore, it has no chance of passing, second most of its "positive"clauses are kneecapped by the spirit of spitefulness that spurred it on. The retroactive clause example when read in full only applies to the Disney Corporation and maybe two or three others possibly. And sadly, it devalues by association the struggle for free knowledge and artistic expression.

I don't care for Disney, even if it had a completely different attitude on IP law it would still be an entity that has committed many ethical violations and super exploitation. Its union busted, supported the House of Un-American Activities witch hunts, put thousands of staff at risk by re-opening in the middle of the COVID pandemic to scratch just the surface. I have zero sympathy for them, instead I respect the employees who managed to force this company to take even the minor sluggish action it has done so far. I'm not worried about the retaliations on it as a corporate entity, I can't say I enjoy them though given the perpetrators and their reasoning, I think both groups are frankly abusive and harmful scum. 

 The three good things I hope to come from this are:

1. The rift between the Florida right wing and Disney becomes permanent, and the two are active enemies.
2. The fallout from this contributes to the defeat of this law and similar initiatives throughout the United States.
3. The publicity generated from this spat boosts genuine and consistent arguments for the public domain to be protected and expanded.

 I'm not overly optimistic, but this is where I stand.