> This is an eloquent take on the fourth test of fair use under US Copyright law, namely "Effect of the use on the potential market for or value of the copyrighted work." Under this economic interpretation Disney's Song of the South ought to be available, and it is. Disney has refused to re-release this film and it remains under copyright until 2041.

Indeed, and that interpretation has controversy.

It's not that the copyright is invalid, but, with the goal of maintaining public access to creative works, it's not hard to make a case that you have not harmed the market for the good, if they intend not to sell it.

A more peculiar case is, remember in the 90s when Disney would stagger the release of their movies on VHS? If you didn't buy it, it might not be available for another 5 years or whatnot. How's copyright supposed to handle that?

The same way copyright handles everything: Whoever spends the most on lawyers wins :p