Yet more examples of how copyright destroys culture rather than driving it
Yet more examples of how copyright destroys culture rather than driving it
<p>One of the supposed justifications for the intellectual monopoly called copyright is that it drives creativity and culture. In the last few weeks alone we have had multiple demonstrations of why the opposite is true: copyright destroys culture, and not by accident, but wilfully. For example, the ...
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One of the clearest demonstrations of how copyright is actively harmful is the lawsuit that four of the biggest publishers brought against the Internet Archive. As a result of the judge’s decision in favour of the publishers – currently being appealed – more than 500,000 books have been taken out of lending by the Internet Archive, including more than 1,300 banned and “challenged” books. In an open letter to the publishers in the lawsuit, the Internet Archive lists three core reasons why removing half a million ebooks is “having a devastating impact in the US and around the world, with far-reaching implications”.
Cross-posted from: https://lemmy.world/post/17259314
You should be legally required to offer content you have on a copyright or else allow people to "pirate" it. The same way you must defend trademarks. If you don't actually offer content you have the copyright for them you shouldn't be allowed to prevent people from distributing it as abandonware.
I would add creation within an IP to this as well. There are so many good IP out there that some large company has devoured and actively chooses to just sit on when we could be getting good fan-made content. One example that comes to mind since it was brought up is EA sitting on American McGee's Alice. So many fans are desperate for good content from their favourite IPs and are getting corporate by-the-numbers drivel at best or simply nothing.
I think a good trade off here is fans can make what they want then the owners are allowed to incorporate fan stories at their choosing so X fan game would be the official third game in a franchise then the IP owner could run with those ideas to make the fourth entry, for example. It'll never happen but one can dream.
Canada either did, or still does, have a law like this. Years ago back when getting chipped cards for satellites was a pretty big thing, a lot of people near the US border could get ones from the US that weren't available in Canada and get the chipped card or whatever it was. At one point the company made a request to the Canadian authorities to crack down on it, and the response was something to the effect of 'your product isn't available here, you don't have standing to ask us to do that'.
It's easier to define it as this:
If you commercially release something and region restrict it, people in any region where you don't also provide a legal way to purchase/use it should be free to get it however they want.
I likebthat, but I think this misses the part where a company pulls it from all markets, which should be states specificly.
If you don't offer it anymore, you are not allowed to keep the copyright or patent.
What if you create something that you later really hate and don't want it to exist anymore?
We can think of weird edge cases all day, the fact is companies shouldn't be able to hoard IP.
What if Tommy Wiseau became self-aware before the premiere of The Room? The world would be deprived of his glorious travesty of cinema forever.
This would just incentivize malicious compliance. "here's a list of books we own. To purchase, send a letter to this address with a cheque and wait 30 to 60 days".
Or just have that book available in libraries.
So literally every doodle you make and anything you write must be available for purchase? Because you have a copyright on ALL that stuff. Copyrights are automatic.
Your diary? Copyrighted.
Your margin scribbles while you're on the phone? Copyrighted.
That furry midget hentai that you draw for your own "entertainment"? Well, you get the point.Granted, the copyright system is fucked, but some of the rules exist for good reason, and forcing everyone to release their copyrights if they won't sell their art is ridiculous. I will certainly agree that the copyright/trademark systems badly need an overhaul.
The comment I made on reply to another comment hits here as well
We can think of weird edge cases all day, the fact is companies shouldn't be able to hoard IP.
For fuck's sake though, talk about strawman arguments. "Literally every doodle you make" when we're talking about abandonware. My eyes nearly rolled out of my fucking head reading that. Do I need to start putting disclaimers on every post I make? "I am aware there is more nuance required before a law gets suggested but I sure wish companies couldn't hoard old media without making it available, please don't 'um, actually' me by suggesting I'm implying everyone must give me copies of their personal shopping lists."
How about reword it slightly: it must be available for purchase if you want to use IP law to prevent others from distributing it.
Permanently Deleted
Overhauling copyright is not the same as getting rid of copyright. How about those artists that make original art, graphic novels or movies, how are they supposed to sustain themselves? Are you saying that the copyright is held too long?
The purpose of copyright is to promote science and the useful arts. The purpose is to get art and inventions into the public domain. The purpose is not "to get artists paid". Getting them paid for their works and discoveries is the method by which copyright achieves its purpose. It is not the purpose itself.
If they are only interested in keeping their works proprietary; if they are uninterested in pushing them into the public domain, they are not achieving the purpose for which copyright exists. They do not qualify for copyright protection. They can get bent.
Are you saying that the copyright is held too long?
I personally think so. 20-30 years for the authors would be enough, in my opinion. For company held copyright, it should be 8-12 years, counting from the date of creation - transferring the rights back to an individual would NOT give any extra time
That'd make basically every game and movie become public domain after a decade or so. If you applied 30 years of copyright to everything, nowadays we'd have public access to every game released up to 1994, which means the majority of the SNES and Mega Drive/Genesis catalogs.
Too bad any change wouldn't apply retroactively, so we'd still have to wait for the 2030s to come by before 1940s stuff becomes public domain.
These changes could be applied retroactively; this isn't like creating an ex post facto law and then jailing people for breaking a law that didn't exist at the time of the event.
I agree with 20-30. Stuff I've sold 20 years ago I'm not going to touch again ever. If someone gets creative with it , go for it. In my opinion.
It can be a tough call depending on what type of creation it is. I'm more undecided on how to limit ongoing properties. Life of creator? I don't know. That's tough.
Generally speaking all the money is made in a very short time after release compared to the life of copyright
So? If you spent years making a movie, don't you think you should keep the rights for the movie for awhile? I have many friends that have careers with their style of art.
I'm not against piracy in general, you should absolutely go after the evil corporations. I'm saying that for the small time artist, they need protections.
Btw what are thoose 1300 "banned" ones?
Fun times would be to prevent companies owning copyright.
If the publishers win, I hope every book they publish as long as they exist gets torrented into oblivion leading authors to ditch them in favour of self publishing
On the flipside, I think the Internet Archive should stick to archiving stuff. "Lending out" books without asking for permission and without owning the copyright, isn't the best move. And I don't think it's aligned well to the core concept of the Internet Archive.
How long do you think copyright should be? It was originally 14 years in the United States.
The length of copyright protection depends on several factors. Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.
https://www.copyright.gov/history/copyright-exhibit/lifecycle/
The max that I would ever be happy with is 25, but 20 or 17 preferred for me at least. I think it gives plenty of time for a Series completion.
Robert Jordan and George RR Martin disagree.
Do you have any exact statements from them? Because I would like to know more.
I rarely hear about authors/artists talk about copyright other than, when they talk about what license they use or them complaining because they felt that their work wasn't infringing on other artists copyright since it was transformative.
How long do you think copyright should be?
No easy solutions but my general guideline would be that both copyright and patents should never last more than half the retirement age of a current generation, calculated via actuarial tables or some trustable scientific method.
The rationale is simple: the ultimate purpose of both is (or, well, should be) to promote creation so that society in general can be participant of the resulting effects. Half the retirement age not only is a good compromise between giving creator control and giving at least half of society the opportunity to enjoy the public good result of creation within their lifetime and within their fair opportunity to earn wages, in particular in such cases as eg.: big pharma and medications, but also promotes that big creators, such as corporations, act towards the public good of lengthening life and providing good living standards for the rest of society.
The Internet Archive reached too far with the lending aspect. While the goal of sharing is laudable, no one was really surprised by this decision. 🏴☠️🦜
The books they shared still had DRM on them. As we all know, if it has DRM you don't own it. They never gave away any book, so I don't see what they did wrong.