The Smithsonian has sold exclusive first-refusal rights to its enormous film archive (including tons of public-domain material) to Showtime, a commercial network. This means that anyone who wants to use Smithsonian footage in a documentary will have to take a back seat to Showtime's execs.
What's more, if the US signs the evil WIPO "Broadcast Treaty," it means that Showtime will get a new, 50-year copyright over the public domain material they air as part of this deal, so doc-makers won't even be able to piece together works from the crumbs that Showtime chooses to air.
"I find this deal terrifying," [Ken] Burns said in a telephone interview from San Francisco, where he is filming interviews for a documentary on the history of the national parks. "It feels like the Smithsonian has essentially optioned America's attic to one company, and to have access to that attic, we would have to be signed off with, and perhaps co-opted by, that entity."
On March 9, Showtime and the Smithsonian announced the creation of Smithsonian Networks, a joint venture to develop television programming. Under the agreement, the joint venture has the right of first refusal to commercial documentaries that rely heavily on Smithsonian collections or staff. Those works would first have to be offered to Smithsonian on Demand, the cable channel that is expected to be the venture's first programming service.
(Thanks, Fred!)
