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Disney Lost Roger Rabbit

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Re: Disney Lost Roger Rabbit

#51
post #33

I don’t know if Cory Doctorow has read the “fantastic 1981 novel”, but I have (decades ago) and as I recall the plot of the book and the plot of the movie are very different from each other. The author of the book didn’t write the screenplay and I doubt he had much (if anything) to do the character designs in the movie. So even if he has the rights to his novel back, it’s not at all clear to me that he could just mak…

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Re: Disney Lost Roger Rabbit

#52

> Remember, Termination is one of the only copyright policies that solely benefits creative workers. To play devil's advocate, this provision probably lowers how much media companies are willing to pay when acquiring copyrights.

Why? A publishers goal is always to pay nothing at all for the rights, at best this is simply another excuse.

Re: Disney Lost Roger Rabbit

#53

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> What's the point of buying something if the other person is allowed to steal it back. If you can't make a profit off of a licensed property after 35 years of exclusive control, you've done something horribly wrong. If you sit on a licensed property and do nothing with it for decades, it should be allowed to revert to someone else, or better yet go into public domain.

The issue is, what happens if you have a work where e.g. the music and the script were written by different people? If one of them can terminate the license then you create a situation where nobody can distribute it because nobody has the rights to all of it anymore.

Of course, what they should do is have the copyright expire after 35 years. Then if the original creators want to make sequel at that point they're entitled to -- just like everybody else.

Re: Disney Lost Roger Rabbit

#54
post #36

> Creative workers bargain with one of five publishers, one of four studios, one of three music labels, one of two app marketplaces, or just one company that controls all the ebooks and audio books. > when Congress gives creators new copyrights to bargain with, the Big Five (or Four, or Three, or Two, or One) just amend their standard, non-negotiable contract to require creators to sign those new rights over as a con…

How can Congress make it any easier to access an audience? The Internet made it so there is zero friction between a media consumer and a media creator.

Having to compete with a billion other content creators (including hits from the past) is inherently hard. The most valuable service the big media sellers provide these days is curation.

Reducing copyright length would be the best thing to reduce the big companies’ power though. That way, they can’t sway buyers to their silos using content from the past, and therefore have to invest in the future.

Re: Disney Lost Roger Rabbit

#55

Earlier quoted context omitted.

I can't keep selling it if you terminate the distribution right to some texture you made that I used in my game.

I don't think you are correct here. From the FAQ [0] on the website linked by the post: “Derivative works” exception – although a successful termination causes all of the rights to revert, this will not affect exploitation of derivative works created during the lifetime of the agreement, even after that agreement has been terminated. Once the agreement has been terminated, the grantee (see the glossary) may continue…

Thank you, I was wrong. This does seem more reasonable. But it would be nice if minor changes were still allowed. For example patching security issues of a video game should be allowed.

Re: Disney Lost Roger Rabbit

#56
> In other words, Glazier doesn't want these lawsuits to get rid of Midjourney and protect creative workers from the threat of AI – he just wants the AI companies to pay the media companies to make the products that his clients will use to destroy creators' livelihoods. He wants there to be a new copyright that allows creators to decide whether their work can be used to train AI models, and then he wants that right transferred to media companies who will sell it to AI companies in a bid to stop paying artists

There’s a timeline where big media publishers at least accidentally defend the rights of small-time IP holders (individual creators)—they’d go to court with the likes of OpenAI and Midjourney and put an end to training commercial ML solutions on unlicensed material. Specifically, if they would owe a large media company for training on their original works, presumably they just as well owe an average Jane. (Granted, assuming that Jane has not signed away her rights to a large media company she works with, but that would not apply to a massive number of small-time creators.)

Re: Disney Lost Roger Rabbit

#57
post #50

> "Termination of Transfer" was introduced via the 1976 Copyright Act. It allows creators to unilaterally cancel the copyright licenses they have signed over to others, by waiting 35 years and then filing some paperwork with the US Copyright Office. You have to wait half a lifetime?! Talk about a performative (pun unintended) law. > when Congress gives creators new copyrights to bargain with, the Big Five (or Four, o…

How is business supposed to be conducted under those conditions?

Re: Disney Lost Roger Rabbit

#58
post #50

> "Termination of Transfer" was introduced via the 1976 Copyright Act. It allows creators to unilaterally cancel the copyright licenses they have signed over to others, by waiting 35 years and then filing some paperwork with the US Copyright Office. You have to wait half a lifetime?! Talk about a performative (pun unintended) law. > when Congress gives creators new copyrights to bargain with, the Big Five (or Four, o…

How is business supposed to be conducted under those conditions?

Fairly, respectfully, and without exploitation?

Most business conducted in the world does not require someone to reject their lawful rights. For consumers in the EU, for example, the law even offers explicit protections by stating specifically that contract terms which are unfair have no legal binding.

https://europa.eu/youreurope/citizens/consumers/unfair-treat...

Re: Disney Lost Roger Rabbit

#59
> The answer lies in the structure of creative labor markets, which are brutally concentrated. Creative workers bargain with one of five publishers, one of four studios, one of three music labels, one of two app marketplaces, or just one company that controls all the ebooks and audiobooks.

> The media industry isn't just a monopoly, in other words – it's also a monopsony, which is to say, a collection of powerful buyers. The middlemen who control access to our audiences have all the power

I'm happy to see apps included here, I feel sometimes folks forget these are also a form of creative works and having the two gatekeepers constantly filter and influece what can and can't be released is absolute nightmare for both developers and consumers (who don't even know the things they could've had but were denied by big A or big G).

Re: Disney Lost Roger Rabbit

#60
post #58

Earlier quoted context omitted.

How is business supposed to be conducted under those conditions?

Fairly, respectfully, and without exploitation? Most business conducted in the world does not require someone to reject their lawful rights. For consumers in the EU, for example, the law even offers explicit protections by stating specifically that contract terms which are unfair have no legal binding. https://europa.eu/youreurope/citizens/consumers/unfair-treat...

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