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Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

nytimes.com

41–50 of 59 posts

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#41

If Mickey is public domain soon, does that mean Oswald the Rabbit is already out and due for an epic reboot?!?

Oswald has been revived by Disney in the last 15 years, likely just to ensure it remains in the same "dangerous" legal state as "Steamboat Willie" will be (i.e. free of copyright in theory, sure to attract lawsuits in practice and so effectively untouchable anyway).

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#42
post #6

It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end. Creative work benefits the public in at least two ways: primarily, by being itself. People like reading the original Harry Potter books. Copyright encourages that by allowing creators to sell t…

> It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end.

If you look at the history, the purpose is to enrich publishers, and everything else is simply to make the legislation more palatable.

If there was truly concern about enriching the public domain, the system would be dramatically different.

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#43
post #8
post #6

It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end. Creative work benefits the public in at least two ways: primarily, by being itself. People like reading the original Harry Potter books. Copyright encourages that by allowing creators to sell t…

The issue, as it is presented in the article, is with how copyright law intermingles with trademark law. They noted that people will be able to distribute the original short. They also noted that any unique works that incorporate the iconic mouse (even in its original form) may run into litigation. Given Disney's financial interest in The Mouse, I suspect they were understating it. It is easy to oversimplify what is…

Sure, in the case of Disney/Mickey, trademark is a (huge) factor. But in the vast majority of cases there is no trademark issue, only copyright.

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#44
post #6

It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end. Creative work benefits the public in at least two ways: primarily, by being itself. People like reading the original Harry Potter books. Copyright encourages that by allowing creators to sell t…

> It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end. If you look at the history, the purpose is to enrich publishers, and everything else is simply to make the legislation more palatable. If there was truly concern about enriching the public do…

Sure, you can point out how it works in practice, but the concept of "for the public good" is in the literal description in the constitution.

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#45
post #38
post #6

It's pedantic to say it, but copyright is not directly intended to help creators; its purpose is to enrich the public by inspiring creators to produce more. Helping creators profit/benefit from their work is a means to an end. Creative work benefits the public in at least two ways: primarily, by being itself. People like reading the original Harry Potter books. Copyright encourages that by allowing creators to sell t…

I believe I read an article (by jerry pournelle?) where he was fine with copyright before 1976 - 28 years with a renewal for an additional 28 years. I believe the normal thing authors worked out was the publisher would get the first term, then the author could renew and get next 28 years. That seems entirely reasonable to me.

28 years (+28) is better than now, but to my original point, in this era, hasn't Kim Stanley Robinson had enough time to monetize "Green Mars" (1994 Hugo award winner) by now -- at least enough to incentivize writing it in the first place?

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#46
post #36
post #31

Earlier quoted context omitted.

If you don’t want other humans to remix information you have broadcasted, then don’t broadcast in the first place. It’s not like you haven’t been using other people’s ideas in your “original” work.

So you are presumably OK with Disney, Sony, etc. grabbing a recent book and making a movie out of it without giving the original author a cent or any credit?

It's an interesting question. Maybe copyright shouldn't be shorter, but the better answer is something like a mechanical license to cover a music composition. After the first publication, anyone can remix for a set fee. https://en.wikipedia.org/wiki/Mechanical_license

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#47
post #31

Earlier quoted context omitted.

I wouldn’t want just anyone to be able to use my characters and setting for their grummy cashgrabs. I think reasonable copyright would be 10 years or lifetime of the author which ever occurs later. This way the author would be in charge of their characters while alive and their kids would still gain from works done in the later years

If you don’t want other humans to remix information you have broadcasted, then don’t broadcast in the first place. It’s not like you haven’t been using other people’s ideas in your “original” work.

How can you miss read something this hard?

Even now it is perfectly fine for you to make your own original character influenced by Harry Potter or Mikey Mouse. Heck make it a Wizard Mouse called Marry Motter. Still you can't - and in my mind shouldn't - be able to write Harry Potter and the Magical Mouse.

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#48
post #33

Earlier quoted context omitted.

I wouldn’t want just anyone to be able to use my characters and setting for their grummy cashgrabs. I think reasonable copyright would be 10 years or lifetime of the author which ever occurs later. This way the author would be in charge of their characters while alive and their kids would still gain from works done in the later years

Why (and I realize this is one of those questions that sounds snide, but I do not mean it so) should a creator's kids gain from a piece of art or work of music after a creator's death? Editing to clarify: I fully accept that copyright is a good thing to give incentives to people to make art and music and creative works, I just don't understand why that incentive should be transmissible to their kids, i.e. people who…

To incentivize creative people to be productive even in their late years. Since I can only talk from my point of view; at least I would be a bit more apprehensive continuing to write and create if I knew I didn't have much time left.

I don't see why it wouldn't be reasonable for the inheritors of a author to benefit for a little while for their parent's work. 10 years feels very reasonable.

Re: Mickey’s Copyright Adventure: Early Disney Toon Is Set to Be Public Property

#49
post #24

Earlier quoted context omitted.

I wouldn’t want just anyone to be able to use my characters and setting for their grummy cashgrabs. I think reasonable copyright would be 10 years or lifetime of the author which ever occurs later. This way the author would be in charge of their characters while alive and their kids would still gain from works done in the later years

One can simultaneously think that copyright terms are too long and that (almost certainly primarily) companies shouldn't be able to parachute in after a few years have passed and hoover up creative works and exploit them for free.

Yes. Still 10 years isn't even all that long and I think it is much more important that author hold copyright all of their life. You could probably talk me out of the 10 year extension to works made just before author died, but I don't think you can make persuasive argument why I shouldn't by default hold copyright to my creations while I am alive.
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