Spider Robinson’s classic story about infinite copyright, “Melancholy Elephants,” is online for free, courtesy of Baen Books. Fitting that we read it today:
“Good answer,” she said. “Remember that. But for all present-day intents and purposes, you might as well say that art is a little over 15,600 years old. That’s the age of the oldest surviving artwork, the cave paintings at Lascaux. Doubtless the cave-painters sang, and danced, and even told stories—but these arts left no record more durable than the memory of a man. Perhaps it was the story tellers who next learned how to preserve their art. Countless more generations would pass before a workable method of musical notation was devised and standardized. Dancers only learned in the last few centuries how to leave even the most rudimentary record of their art.
“The racial memory of our species has been getting longer since Lascaux. The biggest single improvement came with the invention of writing: our memory-span went from a few generations to as many as the Bible has been around. But it took a massive effort to sustain a memory that long: it was difficult to hand-copy manuscripts faster than barbarians, plagues, or other natural disasters could destroy them. The obvious solution was the printing press: to make and disseminate so many copies of a manuscript or art work that some would survive any catastrophe.
“But with the printing press a new idea was born. Art was suddenly mass-marketable, and there was money in it. Writers decided that they should own the right to copy their work. The notion of copyright was waiting to be born.
“Then in the last hundred and fifty years came the largest quantum jumps in human racial memory. Recording technologies. Visual: photography, film, video, Xerox, holo. Audio: low-fi, hi-fi, stereo, and digital. Then computers, the ultimate in information storage. Each of these technologies generated new art forms, and new ways of preserving the ancient art forms. And each required a reassessment of the idea of copyright.
“You know the system we have now, unchanged since the mid-twentieth-century. Copyright ceases to exist fifty years after the death of the copyright holder. But the size of the human race has increased drastically since the 1900s—and so has the average human lifespan. Most people in developed nations now expect to live to be a hundred and twenty; you yourself are considerably older. And so, naturally, S. ‘896 now seeks to extend copyright into perpetuity.”
“Well,” the senator interrupted, “what is wrong with that? Should a man’s work cease to be his simply because he has neglected to keep on breathing? Mrs. Martin, you yourself will be wealthy all your life if that bill passes. Do you truly wish to give away your late husband’s genius?”