Season 7 Ep 2: If You’re Not Firsts, You’re Lasts

  • Season 7 Ep 2: If You’re Not Firsts, You’re Lasts

    After covering IP “firsts” in Episode 1 of Season 7, co-hosts Michael Snyder and Joseph Gushue turn to the other side of the timeline: what it really means to be the “last” in the pop culture and IP worlds. In pop culture, “last” often just means “for now.” In intellectual property law, it means something much more concrete.

After covering IP “firsts” in Episode 1 of Season 7, co-hosts Michael Snyder and Joseph Gushue turn to the other side of the timeline: what it really means to be the “last” in the pop culture and IP worlds. In pop culture, “last” often just means “for now.” In intellectual property law, it means something much more concrete.

This episode of IP Goes Pop ® begins with films that use “last” in the title, with some being true final chapters and others not so much. Michael and Joe discuss The Last Samurai, The Last of the Mohicans, Star Wars: Episode VIII: The Last Jedi, and Indiana Jones and the Last Crusade. Many of these stories continued. Some were rebooted. In Hollywood, “last” sells tickets. In intellectual property law, “last” might end the “show.”

The “lasts” conversation then moves to television and music. Titles like Avatar: The Last Airbender and The Last of Us show how “lasts” create drama and tension. Songs like “Last Dance” and “Last Train to Clarksville” use it to signal a big moment or goodbye.

In pop culture, “last” often feels emotional, not permanent. But in intellectual property law, “last” usually means the end of legal protection.

Michael and Joe explain different ways IP rights can end. First, some rights simply expire after a set number of years. Second, rights can end early if deadlines are missed or a court invalidates such rights. Third, trademarks can be lost if they become generic terms. Fourth, Congress can change the rules and amend the duration of certain IP rights.

On the patent side, the hosts revisit Alexander Graham Bell’s telephone patent from Season 3, Episode 9. For 17 years, Bell controlled the technology. When the patent expired in 1893, other companies quickly entered the market. The law allowed it. That is how the patent system is designed to work. Patents are limited monopolies, providing the right to exclude for a set period of time.

Next, the hosts unpack the IP story behind It’s a Wonderful Life. What made this film a Christmas classic? Under the 1909 Copyright Act, owners had to file a copyright renewal after 28 years. Surprisingly (in retrospect), for It’s a Wonderful Life, that renewal was missed. As a result, it entered the public domain, and television stations could air the film freely. Over time, it became a holiday classic- in part because of a missed copyright renewal.

This episode of IP “lasts” makes one thing clear: intellectual property rights are powerful, but they might not last forever. They can expire by law. They can be lost by inadvertence. They can be reshaped or reimagined. Knowing how protection ends is part of protecting it in the first place.

Timestamps & Resources:

(02:10) First Before Lasts

(02:10) Movies With “Last” in the Title

(09:33) Television “Lasts”

(11:20) Musical “Lasts”

(13:40) Four Ways IP Rights Can End

  • The Four Ways
    • Natural statutory expiration
    • Premature loss (missed renewal, legal challenge)
    • Trademark genericide
    • Legislative extension or institutional shifts
  • 1998 Copyright Term Extension Act (Sonny Bono Act)

(16:40) Patent Expiration: Alexander Graham Bell’s telephone patent

  • Bell’s telephone patent monopoly (1876–1893)
  • Rural expansion and market competition
  • Antitrust developments and later Bell system breakup

(21:03 ) Copyright Renewal Failure: It’s a Wonderful Life

  • Release: 1946
  • 1909 Copyright Act renewal requirement (28-year initial term)
  • Missed renewal in 1974
  • Entry into the public domain and Republic Pictures' response
  • Widespread television broadcasts and cultural resurgence

(28:50) Trademark Genericide

  • Definition and legal standard
  • Bayer Aspirin (acetylsalicylic acid)
    • Treaty of Vercelli Connection
  • Examples
    • Thermos
    • Escalator
    • Cellophane
  • Brand policing and proper trademark usage

(33:34) Legislative Extensions

  • Patents, 1995 Term Change
    • Pre June 8, 1995: 17 years from the date of issuance
    • Post June 8, 1995: 20 years from the priority date
  • Copyright:
    • 1998 Copyright Term Extension Act (Sonny Bono Act)
    • Increased protection for works created on or after January 1, 1978, from the author's life plus 50 years to the author’s life plus 70 years

(37:02) Final Thoughts

  • IP rights are designed to last, but in some cases not forever.
  • Exclusivity is a Constitutional bargain in some instances.
  • Understanding how and when rights end is critical to protecting innovation and creative work.

 

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