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Dear Spike Lee

juanluisgarcia.com

61–70 of 165 posts

Re: Dear Spike Lee

#61

Where are the internet hippies saying everything should be free?

This has little to do with IP law, and everything to do with contract law and negotiation. A position like "short copyright period and no software patents" is trivial reconciled with "don't do work without contracts, and have the law enforce contracts."

Re: Dear Spike Lee

#62

Earlier quoted context omitted.

There is also an agreement between you and artists that if you want to watch a movie or listen to a music cd you also pay for it.

When did I agree to that?

You agreed to it when you paid in order to watch it.

So yes, you didn't. But if you don't agree, you shouldn't watch it. It's a simple deal, regardless of whether or not technology means you could.

Otherwise you can turn it around and ask "when did the artist agree to you watching it without paying" which is pretty similar to the case described here, just replace watching with using.

Re: Dear Spike Lee

#63

Seems weird he mentioned Spike Lee (who did nothing wrong, as far as I can tell) so many times, but didn't name the agency. Seems to hurt the wrong party's reputation. Additionally, he has no apparent way to contact him. EDIT: I really don't want to point fingers with 0 proof, but Spike Lee happens to be CEO of an ad agency named Spike DDB. https://twitter.com/SpikeDDB

Presumably his contract prevents him from discussing internal issues with any outside party. (Knowledge source: Got totally screwed by a business partner via legalese and had all my work stolen, ended up doing half a year of work uncompensated, can't legally talk about it or the partner, and loss < cost of litigation. Ah well, water under bridge.)

Well a big part of this whole problem is that he had no contract to begin with ("We never signed any contracts or work-for-hire agreements").

That aside, he works as a freelancer in an industry where naming and shaming specific agencies could very well hinder his ability to get future work, so I don't blame him for not doing it.

Re: Dear Spike Lee

#64
post #40
post #26

Earlier quoted context omitted.

My question as well. I'd love to hear from the advocates of "It's digital, there is no cost to the content producer for others to make copies."

Even if they believe that, it doesn't make plagiarism and breech of contract okay.

Sophomoric semantic rationalization. Two different settings for copyright violation, but sure, just use synonyms and related concepts to make one seem bad and the other OK; gullible message board nerds ravenous for validation for pirating movies, music, and software will lap it up.

Re: Dear Spike Lee

#65

Earlier quoted context omitted.

There is also an agreement between you and artists that if you want to watch a movie or listen to a music cd you also pay for it.

When did I agree to that?

Who do you think you're kidding? You obviously know about the obligation to pay; you've just decided that if the product you want access to has been laundered through at least one 3rd party, you've never had to look any of the producers in the eye, and therefore you have no obligation to them. If anything, you're even worse than the person who originally published the content you're taking: they're at least accountable to the original relationship that gave them access to the product.

That first sentence sounds outraged and pointed, but it's not; it's a serious question. Every time this issue comes up, I feel like I read people making similar points, as if they were remotely convincing. I really want to know who, among all the people who are not already on your side on this issue, you think would be persuaded by the logic that "I didn't have a contract with the producer of _Wall-E_, and so I'm not obligated to pay them before downloading and watching their movie." It seems to me that a child can see where the obligation to pay comes from.

Re: Dear Spike Lee

#66

Earlier quoted context omitted.

There is also an agreement between you and artists that if you want to watch a movie or listen to a music cd you also pay for it.

When did I agree to that?

To be fair, all property law is just as fictional. I didn't agree to not trespass or use items that other people claim belong to them. I didn't agree to the papers they hold saying that I cannot go for a joyride in my neighbors' car.

The law defines property. Just because IP has different traits then physical property does not make it more real; they are both useful fictions that form the foundation of a functional society. The laws encode our social norms and ideas about property. There is an entirely different set of laws which encodes acceptable behaviors in business practices, such as contract law, which is somewhat of a different area.

There is some very good arguments to be made that the current definitions of intellectual property are severely flawed, and haven't been updated to reflect our social perception or technical needs about what should or shouldn't be property. But there is no reason why "no IP enforcement" is inherently the right solution.

Re: Dear Spike Lee

#67

Seems weird he mentioned Spike Lee (who did nothing wrong, as far as I can tell) so many times, but didn't name the agency. Seems to hurt the wrong party's reputation. Additionally, he has no apparent way to contact him. EDIT: I really don't want to point fingers with 0 proof, but Spike Lee happens to be CEO of an ad agency named Spike DDB. https://twitter.com/SpikeDDB

Presumably his contract prevents him from discussing internal issues with any outside party. (Knowledge source: Got totally screwed by a business partner via legalese and had all my work stolen, ended up doing half a year of work uncompensated, can't legally talk about it or the partner, and loss < cost of litigation. Ah well, water under bridge.)

[deleted]

Re: Dear Spike Lee

#68
Are there any reasonable escrow services out there for designers? It seems that a third party with a list of conditions for both sides could hang on to a predetermined amount of money and the digital assets until both parties agree to release.

There are perhaps caveats that I've not considered, but this idea comes to me again and again when I hear this kind of story (again).

Edit: Guess I also have to throw in here that I am continually amazed at the number of people who are afraid to do the dirty work of being in business (drawing up contacts, negotiating, calculating margin, saying NO, etc).

Re: Dear Spike Lee

#69
Seriously, what is it with "Agencies" lately? Who the F--k are these people?

I have heard/experienced a dozen similar stories recently. I have a friend who left a huge agency to freelance–only to have another small agency work him to the bone and take advantage of him almost exactly like the story here.

YES I ABSOLUTELY GET THAT THE ONUS IS ON THE FREELANCER/SUB TO GET THEIR CONTRACTS IN PLACE ...

But, seriously, these people are ridiculous. A bunch of salespeople in suits tossing around buzzwords so they can land a job taking advantage of a big company's big budget. Everything is a pitch or a comp or a big lead.

My advice to all freelance hackers and designers: if you meet someone who says they work at an agency, (a) tell them you're a janitor and (b) run away.

Re: Dear Spike Lee

#70

Earlier quoted context omitted.

When did I agree to that?

You agreed to it when you paid in order to watch it. So yes, you didn't. But if you don't agree, you shouldn't watch it. It's a simple deal, regardless of whether or not technology means you could . Otherwise you can turn it around and ask "when did the artist agree to you watching it without paying" which is pretty similar to the case described here, just replace watching with using.

But if you don't agree, you shouldn't watch it.

Why?

when did the artist agree to you watching it without paying

If I own a car made by Toyota, should I need their agreement to offer rides to people?

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