Why Is Media Lamenting Disney’s ‘Loss’ Of Copyright Instead Of Celebrating The Public Domain?
from the mouse-party dept
There’s something odd going on in media reporting on the expiration of Disney’s copyright on the initial version of Mickey Mouse that is set to occur in 2024. Given the subject matter, we’ve talked Mickey Mouse quite a bit on this site, specifically noting the “coincidence” of copyright term extensions that have occurred roughly each and every time Disney’s copyright was about to expire. The context in this throat-clearing is, essentially: Mickey Mouse should have been in the public domain years and years ago but isn’t because Congress keeps extending the term so it never occurs.
Well, while some are theorizing that the odd spate of media posts we’re suddenly seeing now about how Mickey’s earliest versions are going into the public domain soon is part of some campaign to extend copyright terms again, there is actually very little evidence for that. But what I found interesting about these stories is how many of them were framed: lamenting the loss of Disney’s copyright instead of celebrating the addition to the public domain. Here is one example, headlined Disney Might Lose Copyright To Mickey Mouse As First Version Of Iconic Character Reached Public Domain In 2024.
First, that headline sucks. Might lose? Will lose, actually, unless Congress quickly extends copyright terms. Second, get a sense of how this is all framed with this quote as an example.
But sadly, the first version is going to enter the public domain very soon. The silver lining is that Disney might still hold on to some rights if they can make a trademark of the first Mickey Mouse version, states a report by Deutsche Welle.
What fresh bullshit is this? Disney got sweetheart deals in the form of extensions in copyright terms over and over again, and now we’re “sad” that those sweetheart deals have run their course? And why is it a silver lining that Disney still gets to control subsequent versions of the character for the extended absurd lengths of time? What is with all the hand-wringing here?
This isn’t the only terrible framing at work here. Other outlets are including input from folks reminding people that Disney still has a trademark on Mickey Mouse and how that will allow the company to still bully and control others’ use of the character.
Meanwhile, Daniel Mayeda from the UCLA School of Law told The Guardian: “You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character. But if you do so in a way that people will think of Disney—which is kind of likely because they have been investing in this character for so long—then in theory, Disney could say you violated my trademark.”
No! That isn’t how this works. Trademark law was not intended as an end-around an expiring copyright term. No amount of investment in Mickey Mouse allows Disney to control the fact that the Steamboat Willie version of Mickey Mouse will be in the public domain. And suggesting otherwise is irresponsible. I have no doubt that Disney will try to do this, but it should fail on the merits.
And the larger point is that all of this worry and dismay over one version of Mickey finally(!) entering into the public domain is absurd. Why is the framing in these posts all about Disney “losing” something rather than the public, literally all of us, gaining something. That’s the entire damned point of the public domain and it seems there are a lot of media outlets out there that can’t grasp the concept.
Filed Under: copyright, mickey mouse, public domain, trademark
Companies: disney
Comments on “Why Is Media Lamenting Disney’s ‘Loss’ Of Copyright Instead Of Celebrating The Public Domain?”
'Copyright is for companies, not the public!'
The US spent so long with nothing entering the public domain and thereby fulfilling the ‘deal’ that is copyright that the idea that a major company might ‘lose’ control over something is seen as some heinous outcome rather than what should have happened decades ago.
Or, to put it another way, copyright has been erroneously framed as only being for copyright owners(who may or may not be creators) so often and for so long that the idea that the actual beneficiary is supposed to be the public has gotten lost to time, such that the idea that the public might benefit at the cost of the copyright owner is seen as a bug rather than a feature.
Re:
I’ve run into that attitude a fair amount as an on-again, off-again amateur photographer.
When I take a photo, the copyright on that photo is mine. But if I do an especially good job on it, I won’t be able to get it printed at any professional copy or print shop that doesn’t offer self-service machines, because the professional shops will all inform me that they cannot print copyrighted material without permission from the rights holder – and nothing I say will convince them that I am the rights holder to my own work.
Even a copy of a copyright registration won’t sway them.
Because copyrights are for companies, not individuals, apparently.
Re: Re:
I think, sadly, it has more to do with the fear of life shattering damages if you screw up.
People remember the headlines about Tiffany suing eBay for all the money in the world over IP infringement, not so much the case being thrown out.
They see the “projected” damages (much like how the media reports on the bad guy facing 20000000 years in jail, ignoring that guidelines are just that) and if you worried about having to pay out hundreds of thousands of dollars for printing 1 photo that someone else might own… you end up scared and pissing off a potential customer is worth covering your ass.
Just look at the lawsuits against the ISPs where they are seeking billions in damages but there is 1 tiny little thing no one wants to explain… just because a company claims they saw someone do it, how does that become factual evidence to make a legal decision as its never been tested or validated?
The RIAA can claim that a user is a ‘repeat infringer’ but ‘because we said so’ isn’t really evidence of anything.
QAnon freaks call politicians and call them pedophiles, if they do it enough times we should just throw them in jail?
Re: Re: Re:
QAnon freaks call politicians and call them pedophiles, if they do it enough times we should just throw them in jail?
I don’t believe that’s the appropriate penalty for slander. Why don’t the politicians just sue the QAnon members doing that instead?
Re: Re: Re:2
I think the “them” in that sentence referred to the politicians being accused, not the accusers.
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Copyright ownership is a diversion, a drag like actual royalty. The real job is directing and tapping the cash flow. Managers of royalties. The modern Fuggers. Motherfuggers. RIAA.
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…such that the idea that the public might benefit at the cost of the copyright owner is seen as a bug rather than a feature.
Actually, it’s neither a bug or a feature since that’s not what’s actually happening. What does happen is the copyright holder hashad their time, and it’s now time for the public to take ownership of the content.
You’re sounding like a monstrous Republican with your anti-Disney rhetoric and support of the public domain. “Sweetheart deals” aren’t a thing. It’s just a stupid term made up by monstrous Republicans. If anything, Mickey Mouse and all other forms of media should be protected FROM the public domain! The more stuff that enters the public domain, the more people will be lazy and just copy stuff from it rather than create all new stuff.
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i’m not entirely sure ican find something that isn’t idiotic in that rhetoric ball.
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Yeah, just check out all the “original” content from Disney over it’s long history (selection of ~50 items from the public domain):
Adventures of Huck Finn (1993) based on Mark Twain’s book (1885)
Tom and Huck (1995) based on The Adventures of Tom Sawyer by Mark Twain (1876)
Aladdin (1992) from a folk tale in One Thousand and One Nights (1706)
Alice in Wonderland (1951) based on Lewis Carroll’s book (1865)
Alice in Wonderland (2010) based on Lewis Carroll’s book (1865)
Around the World in 80 Days (2004) based on Jules Verne’s book (1873)
Atlantis (2001) from the Legend of Atlantis (Socratic Dialogues “Timaeus” & “Critias” by Plato ~360 BC.)
Beauty and the Beast (1991) by G-S Barbot de Villeneuve’s book (1775)
Bug’s Life (1998) from Aesop’s Fables
Cinderella (1950) from Charles Perrault’s folk tale (Grimm’s Fairy Tails) (1697)
Chicken Little (2005) from the folk tale
Christmas Carol (2009) from Charles Dickens (1843)
Fantasia (1940) scored and based on Bach, Tchaikovsky, Beethoven & other classical compositions (however, “ The Rite Of Spring” was licensed)
Fantasia 2000 (1999)
Frozen (2013) from Hans Christian Anderson’s Ice Queen (1845)
Hercules (1997) from the Greek myth
In Search of the Castaways (1962) based on Jules Verne novel (1868)
John Carter (2012) based on A Princess of Mars by Edgar Rice Burroughs (1917)
Kidnapped (1960) by Robert Louis Stevenson (1886)
Little Mermaid (1989) by Hans Christian Anderson (1837)
Lt. Robin Crusoe U.S.N. (1966) based on Robinson Crusoe by Daniel Defoe (1719)
Mulan (1998) from the Chinese Legend of Hua Mulan
Oliver & Company (1988) based on Oliver Twist by Charles Dickens (1839)
Return to Neverland (2002) based on Peter Pan by J.M. Barrie (1904)
Pinocchio (1940) by Carlo Collodi (1883)
Pocahontas (1995) from the life and legend of Pocahontas
Princess and the Frog (2009) from the Brothers Grimm folk tale The Frog Prince
Return to Oz (1985) from L. Frank Baum’s books
(When original Oz film was made it was under copyright. Disney purchased rights to all the books. But when Return to Oz was made it had entered the public domain.)
Rob Roy the Highland Rogue (1953) based on the Rob Roy by Sir Walter Scott (1817)
Robin Hood (1973) from the English folk tales
Sorcerer’s Apprentice (2010) from the poem by Johann Goethe (1797)
Snow White (1937) from the Brothers Grimm folk tale (1857)
Sleeping Beauty (1959) from the Charles Perrault folk tale (1697) (also with music/characters from Tchaikovsky’s 1890 ballet)
Swiss Family Robinson (1960) by Johann David Wyss (1812)
Tangled (2010) from the Brothers’ Grimm fairy tale Rapunzel (1812)
Tarzan (1999) from Tarzan of the Apes by Edgar Rice Burroughs (1914)
The Adventures of Ichabod and Mr. Toad (1949) based on the Legend of Sleepy Hollow by Washington Irving (1820) and Wind in the Willows by Kenneth Grahame (1908)
The Hunchback of Notre Dame (1996) from Victor Hugo’s Book (1831)
The Lion King (1994) from Hamlet (1603) and inspired from a 1960s Japanese animated series called Kimba the White Lion
The Jungle Book (1967) by Rudyard Kipling (1894 copyright, movie released just one year after copyright expired)
The Jungle Book (1994 live action version) by Rudyard Kipling (1894)
Three Musketeers (1993) by Alexandre Dumas (1844)
The Reluctant Dragon (1941) based on the story by Kenneth Grahame (1898).
The Sword in the Stone (1963) from the Arthurian Legends
Treasure Planet (20002) based on Treasure Island by Robert Louis Stevenson (1883)
Muppet Treasure Island (1996) based on Treasure Island by Robert Louis Stevenson (1883)
Treasure Island (1950) based on Treasure Island by Robert Louis Stevenson (1883)
20,000 Leagues Under the Sea (1954) by Jules Verne (1870)
White Fang (1991) by Jack London (1906)
White Fang 2: Myth of the White Wolf (1994) based on book by Jack London (1906)
Re: Re:
Pocahontas (1995) from the life and legend of Pocahontas
And Disney even got that wrong. The real Pocahontas (real name Amonute) was only 10 or 11 when she met John Smith.
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But if they showed that they wouldn’t be able to push their romance angle and it would promote that grand old republican past time, pedophilia, by the ruling class.
Re: Re: Re:2
What, they couldn’t have shown her meeting and marrying John Rolfe when she was a teenager?
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Re: Re: Re:3
She was actually around 18 when she married Rolfe–it was her second marriage, her first marriage occurred at 14.
Re: Re: Re:4
She was actually around 18 when she married Rolfe…
Which is obviously the point, shit for brains.
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I always knew the guy posting under the name John Smith liked them young, given his misogynist rants.
Re: Re: Re:2
Oh, my! Do you think the guy’s a vampire? o.O
Re: Re: Re:3
Vampire? Those monsters have class.
My vote is Ghast. Just like a carrion consuming Ghoul but more nimble and with a complimentary stench that can render one immobile for a time.
Re: Re: Re:4
Wrong. It was my character in Fallout: New Vegas who was eating human flesh, not the Ghouls in the game. 😉
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Re: Re: Missing
You left out, what i consider one of their greatest films, Song of the South
Which so totally ripped off the past that there’s not less than 14 sources for parts of it.
Re: Re: Re:
You left out, what i consider one of their greatest films, Song of the South.
You would consider that a good movie since it’s racist in its idealization of slavery.
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Re: Re: Re:2
.let me show you how ignorant your opinion is here
Clearly you have not seen the film. And just believe what like minded people have said to you.
What the hell are you on? The movie is set well after the civil war during middle-reconstruction. There’s no slaves and nobody supporting slavery!
is a tale of how people can reach beyond race. How different people and different lifestyles will shape the individual but we can all be friends regardless of backgrounds.
Re: Re: Re:3
LostInLodos, considering that Disney doesn’t want to put it on their Disney+ service despite other off-color things making it, maybe that should give you some pause.
Re: Re: Re:4
The pause it gave me is how far into ‘my-poor-eyes’ protectionism this country has gone.
I reterm, you have zero ability to say anything about the film unless you have seen it.
As one who has i’m, telling you the nonsense said about it is wrong.
Re: Re: Re:5
As one who has i’m, telling you the nonsense said about it is wrong.
Translation: My privilege stops me seeing problematic aspects of movies I love. Let’s not mention What Made the Red Man Red? from Peter Pan, shall we?
Re: Re: Re:6
Privilege has nothing to do with it.
I refuse to let the politics of others temper my enjoyment of art.
SotS is a thorn in the side of Disney in the US.
It opened to, much like many other films, a load of criticism from ignorant people who never had seen any aspect of the film. All that criticism based on false ideas that had nothing to do with the film.
The difference with Disney is they try to stay out of controversy.
You speak of privilege? The film itself does a very good job of showing how that is simply a stumbling block to be bridged.
How many controversial films I enjoy? Have you seen any?
Passion of the Christ, very well done work of high fantasy
Hostel, body horror goes mainstream with a big budget. 2 was the best.
August Underground, amazing view into self perpetuating anguish.
A Serbian Film, a deep heavy allegory for a corruption of life.
Song of the South: friendship and happiness can be found despite cultural roadblocks.
Re: Re: Re:7
I refuse to let the rights of others temper my enjoyment of “art”.
FTFY. YW.
Re: Re: Re:8
FTFY?
No you didn’t!
Nobody’s rights were hurt in making that film.
This isn’t like traces of death were people were rounded up and killed on camera.
And no right’s were shown to be violated.
Re: Re: Re:9
Nobody’s rights were hurt in making that film.
Oh? James Baskett and Hattie McDaniel were nobody, were they? And what about the rights of people hurt by the spread of the racist ideas contained in that movie? Racist scum.
Re: Re: Re:10
Baskett Was the leading role of the film! His breakout performance made it possible for a whole generation of actors to find serious roles in film thereafter!
And he won an Academy Award for the performance.
Again, you have no idea what your talking about because you haven’t seen the film.
Reality for you? The film was initially a problem because of how well it displayed the lead. The mainstream wasn’t interested in a happy, carefree, honest, well carried African lead.
Wasn’t ready for a story of respect and love. Wasn’t ready to see an integrated world.
Neither the film nor the message were racist. Tainted by the time, sure. But definitely promoting integration and harmony.
Re: Re: Re:11
Baskett was the leading role of the film!
But the Oscar he got didn’t reflect that.
His breakout performance made it possible for a whole generation of actors to find serious roles in film thereafter!
Only a small proportion and only as black characters, not as characters whose skin tone wasn’t important to their role. Such institutionalized racism continues today.
And he won an Academy Award for the performance.
An honorary award that didn’t reflect his central role, and he wasn’t even awarded it until his death two years after the movie’s release.
Again, you have no idea what you’re talking about because you haven’t seen the film.
Projected the troll.
Reality for you? The film was initially a problem because of how well it displayed the lead.
That’s not what the NAACP said in their protests.
The mainstream wasn’t interested in a happy, carefree, honest, well carried African lead.
Funny how the mainstream paid a total of $3.3 million in 1940’s money at the box office then.
Wasn’t ready for a story of respect and love. Wasn’t ready to see an integrated world.
And you still aren’t. You’re also not ready to do your research, either, by all accounts.
Neither the film nor the message were racist. Tainted by the time, sure. But definitely promoting integration and harmony.
See my previous comments.
Re: Re: Re:12
Come back after watching the film. And stop placing society’s faults on the back of a single piece of art.
You have no ability to form rational commentary about the contents of a film you have not seen.
Mind you I’m not on a hill for this single film. I’m up here for every sanctimonious self aggrandising turd who makes claims about art they have never had first hand experience with.
‘Blah blah bad blah blah horrible blah blah ban blah’
“Have you seen the film:listened to the album:read the book?”
No
Then Sod off. You’re text book ignorant.
Re: Re: Re:13
So after I write a well thought out comment soundly rebutting each of your nonpoints, and describe a scene from the movie earlier than that, you circle back to “You haven’t watched the movie!” Clearly, you’re just a troll and not worth engaging with. Your comment has been flagged, you racist scumbucket.
Re: Re: Re:14
Clearly you took the “scene” a misquote, out of context. But no, you could know that could you.
Re: Re: Re:15
That ‘out of context misquote’ is actually in Song of the South. I should know because I used to watch that film on DVD all the time as a kid, so AC is right to call you racist for not seeing the obvious issues with it. As my granddad always used to say, “There are none so blind as those that refuse to see.”
Re: Re: Re:16
At least with you I could then have a rational conversation.
Ask yourself something, is it racism, or environmental
Step aside of you preconceived notions about me (which are wrong).
When did you first see it? 70s, 80s? And not under the segregation of the time the film was made.
You forget (of know not) the US had governmental censorship boards at the time regarding film.
Violent racism was a much more normalised part of life.
Disney had to carefully craft a method of being both supportive and not completely overt.
SotS was banned from showing in many theatres just because the lead was actually black. Zip zip don’t.
The problem is not seeing the racial byproducts in todays eyes.
It’s seeing it’s whole under a 2022 view and not that of when it was made.
Disney pushed equality to the edge in this film. The extreme they could get away with. You can argue they didn’t go far enough to match today’s values.
But that wasn’t the point nor the job.
You miss the message of then. That race should not be a divided classing. That these are people just like whites. Not animals. Cultured. Intelligent.
At the same time, going too far would not have helped anyone. As the film would simply not be shown at all.
They had to pass the film classification board, the theatre boards, and local censorship laws.
One complaint was
Enough to pull a film to investigate. And while a single complaint wouldn’t have shut down a Disney film hundreds could have kicked it out of a region.
When discussing film you need to not only look back but look ok from then as well.
Sure, again, there are segregationist tones in the film. That was the way of the time but look deeper at just how progressive a message was placed under that.
The film was not racist, it was bound within in racial identity at the time. And did, in my view, a great job of still pushing that aside for the constraints is was under!
Re: Re: Re:17
You claim to have seen the movie, and yet you still missed the message of, “Oh, life was so much better when I was considered another man’s property.” That’s not Walt Disney trying to slide a positive view of African-Americans past censors, it’s him trying to subliminally plant a pro-slavery message in everyone.
Re: Re: Re:18
Except that was not the exact statement.
“Better” can be heard “easier”. Not “greater”.
And in context easier is more fitting. Success is based on effort.
Preserver despite troubles.
When people like you single out lines and quotes, I’m reminded of Dee Snider. Under the Blade.
To transfer that epic trouncing of congressional stupidity:
If you go in looking for pro slavery you will find pro slavery. If you go in looking for equality you will find equality.
Is Hostel a torture film series, or a depiction of how uncontrolled consumerism will end existence?
Salo was called filth and porn on its release and is today held as one of the greatest depictions of absolute power corrupting!
August Underground: snuff porn? Or a tale of how, unbound, humanity can revert to beast. The horror of the unrestricted and uncontrolled mind.
You approach the film under the culture you have wrapped yourself in and see what you are told to see.
I approach all art as blank as I can.
Re: Re: Re:3
Set after the Civil War, with Uncle Remus saying how things were better before it just before breaking into Zip-a-Dee-Doo-Dah. If that’s not idealizing slavery, I don’t know what is. So what you were saying about not having seen the movie and just believing what like-minded people have said is obviously just projection on your part.
Re: Re: Re:2
TBF, that troll clearly brought up that movie just to cause an argument. A quick Google informed that Walt Disney (the man) licensed the Uncle Remus stories from the heirs of Joel Chandler Harris in 1944.
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Zippah-dee-doo-daaaaa….racist as hell tho’
Re: Re: Re:2
Isn’t racism you favorite weapon, though?
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At the risk of feeding the troll, I have to point out that the less chance you will have of being harrassed by copyright trolls if you mash something up from a Public Domain Steamboat Willie and something else Public Domain, once Mickey Mouse’s initial appearance enters the Public Domain. I mean, we’ve already seen that Winnie the Pooh, once Christopher Robin disappears from the scene, turns into a mallet-wielding monster … who knows what Mickey Mouse will prove to be? A copyright-troll-eating haunter of New York subways? A devourer of sleazy Mickey Mouse porn mags? The saviour of the Earth from deranged superheroes?
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…we’ve already seen that Winnie the Pooh, once Christopher Robin disappears from the scene, turns into a mallet-wielding monster…<>/i
Are you sure? Looks more like a sledgehammer to me.
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So uh
Here’s Josh Hawley admitting that Republicans, at least, cut certain deals with corporate entities for reasons. These are also called “sweetheart deals”.
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There’s a really good reason for the “anti-Disney rhetoric”, you know. Disney fostered it.
Because if Mickey Mouse enters the Public Domain, he’ll become generic and boring just like everything else that enters the public domain! The less stuff there is in the public domain, the more people become creative because they don’t have to rely on it! Plus, Mickey Mouse not entering the public domain pisses off Republicans. That, alone, should be enough of a reason to keep him out of the public domain forever!
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Because if Mickey Mouse enters the Public Domain, he’ll become generic and boring just like everything else that enters the public domain!
Things being generic isn’t the problem you might think it is. As for them becoming boring, don’t you think that might be as a result of them being locked up until long after they’re no longer to the public’s taste?
Re: Re:
I feel like you might be missing a joke about Mickey being generic and boring; at least, I don’t remember him ever having much of a personality of his own. You could just drop Mickey into any story; and, indeed, Disney often did that with Mickey replacing the protagonist in a fairy tale or public-domain story.
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There’s a few times. Take a look at banned cartoons collections (none released in the US) covering a less hidden Dirty Mic.
Re: Re: Re:2
Argh, none of the collections were released…
Re: Re: Re:2
I’m sure Mickey started out as a “real” character. But by the time I was a kid in the ’80s, he was nothing but a mascot. He became boring over time.
Re: Re: Re:
I feel like you might be missing the point by not reading the entire comment.
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There’s a lot of stuff on public domain that’s still interesting even after all these years.
Hell, the Public Domain Game Jam has shown it’s possible to make NEW WORKS out of Public Domain stuff.
Maybe you should take the Disney cock out of your ass before commenting.
Re: Re:
Not to mention that we’re getting a Winnie-The-Pooh horror movie. Even if you don’t like that stuff, I’m extremely intrigued by it and will even want to watch it in a movie theater!
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Not to mention that we’re getting a Winnie-The-Pooh horror movie.
Five Nights at Freddie’s is so last decade!
Re: Re: Re:
Not to mention that we’re getting a Winnie-The-Pooh horror movie.
Part-produced by ITN, meaning there’s either licensing fees or copyright infringement involved. Winnie the Pooh doesn’t enter the Public Domain in the UK until 2027, when all the stories will be accessible by people here.
Re: Just art harder, fool
An artist doesn’t conjure art out of nowhere. Someone who has lived their entire life in a blank, windowless room cannot make art. Only after viewing other art (art by humans as well as art by nature) can people create their own art.
This is like saying that limiting the ingredients a chef can use makes the chef’s meals more creative. “Unconventional” and “painfully contrived” are not equivalent to “creative”. Imagine forcing an average adult (or even a master chef!) to cook a palatable, “creative” dish using only these ingredients: raw pork chops, salt, and sunflower oil. “I’m so glad that KingBacon has freed me from the tyranny of having to rely on ingredients such as pepper, garlic, lemon juice, butter, and oregano. I should only be permitted to use such ingredients with the blessing of chef Gordon Ramsay Disney anyway.” Give the chef more seasonings, at the very least! And the chef can’t cook something interesting without having had witnessed interesting dishes made by other people (or by happy accidents).
To be sure, temporarily limiting someone’s available material can help them improve their skills, but it also caps their creative potential (which is not a risk posed by increasing access to material). The more material there is in the public domain, the more creative potential artists have. People cannot generate ideas out of nowhere: they can merely observe them. Creativity is in the way an artist combines existing ideas to produce something interesting, not just in the artist’s selection of ideas.
Re:
Even if that were to become true, it wouldn’t be the public domain’s fault. It would be Disney’s fault, because Disney would waste time shedding crocodile tears and whining about competition in the market of human eyeballs. Mickey Mouse’s being in the public domain wouldn’t stop Disney from making interesting things with Mickey Mouse, but it would allow unaffiliated artists to make their own interesting things with Mickey Mouse. It’s a net gain for the common public, whether or not Disney chooses to take advantage of the gain.
Whose astroturf campaign may i say is calling?
Re:
None, my good man!
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If you mean that engaged in by The Bananananaman and KingBacon, it’s obviously on behalf of the maximalists that want to impoverish the Public Domain by keeping works out of it.
The “in other media” section of the Steamboat Willie article on Wikipedia tells you exactly what the benefit of keeping this character out of the public domain has been. Reading over the list… wow, quite the contribution to culture, there. Lots of money and jobs for Disney-affiliated people, too. /s
Re:
Still don’t see the problem, here. Also, I don’t think you understand. Pissed off Republicans! Isn’t that enough of a reason?
Re: Re:
There are better ways to piss off Republicans, fool. Locking up culture isn’t one of them.
Re: Re: Re:
^This.
Re: Re: Re:
Anyways, it’s Republicans that have to lock up culture… otherwise they’ll just end up having to fight a war against it.
Re: Re: Re:
We’re already living in an age of permanently angry “Republicans”, ie, NeoNazis.
8 years of Obama was enough to trigger the shitstorm that was Trump and Jan 6.
Re: Re: Re:2
Not quite. It also took the Russians releasing problematic information about Hillary Clinton to Wikileaks whilst withholding the same about Trump. They tried it again in 2020 by all accounts, hence all the hoo-ha about Hunter Biden’s laptop.
Re: Re: Re:3
And Hilary being simply unlikeable.
Re: Re: Re:4
Like the orange loudmouth wasn’t?
Re: Re: Re:5
Forget unlikable
Both were hated. By roughly half the country each.
Re: Re: Re:2
Maybe some day someone will actually fix the country. It’s not just Republicans. There are tiny always-angry groups forming in every party.
Too many Republicans in power don’t give an second thought to middle America. Let alone poor cities.
To many dems just want to take money from people and give it to other people RH style.
Nobody wants to cut spending anywhere.
And now we’ve got another proxy war concern.
We’re headed to the 60s all over again.
Re: Re: Re:3
yeah, the government shouldn’t help people who need the help – that’s not the point of having a government at all
the point of having a government is to help the powerful elites rule over the plebians with as little interference from the government as possible
I’m glad you get it
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Re: Re:
I prefer to shoot Republicans, not make them mad.
Thank you, A lot of people (myself included) often conflate Trademark with Copyright
a good example is this: Micky Mouse is Trademarked.
Steamboat Willie, is copyrighted.
Re:
Not quite. The appearance of Mickey Mouse is copyrighted, whilst his name and silhouette are trademarked.
Re: Re: Trademark and copyright
Trademarks and copyrights are intended to protect different things. Media companies have spent decades trying to get them to both protect everything, including things that neither of them are supposed to protect.
Re: Re: Re:
Here’s the thing: from next year, anybody will be able to draw Mickey as he appears in Steamboat Wille, just as long as they don’t call him Mickey Mouse. Maybe they could call him his original name as I don’t believe Dibsney bothered trademarking that.
Re: Re: Re:2
Not next year; the year after next year. Steamboat Willie was first published in 1928, and 2023 will be his final year of copyright, and will expire in the US on January 1, 2024 (unless copyright doesn’t get retroactively extended yet again).
Re: Re: Re:3
*(unless copyright gets retroactively extended yet _again_).
Re: Re: Re:3
Not next year; the year after next year.
Yeah, that’s what I meant. (-_Q) Thanks for the correction.
Re: Re: Re:4
No prob, Bob!
Re: Re: Re:5
Actually, Bob’s my uncle. 😉
Re: Re: Re:6
And again the verdamnt website coding stripped my nym from the name field. ಠ_ಠ
Because the media is insane.
They need to please corporate overlords and vulture capital and well the best way to do that is to paint corporations as poor put upon waifs being bullied by the big bad public domain.
Its the same reason it was very rare in the early days of Mango Mussolini no outlet ever bothered to actually push back in real time every time he lied.
Re:
It’s even worse when you realize that this is probably their real intent, to nickel and dime their way through the bullshit they themselves caused
The media has always been a lapdog for copyright, because they think of it as a lottery through which they’ll finally make it big. They’re thus adverse to biting the hand they think is feeding them – while completely oblivious to the spike-ridden strap-on that Rupert Murdoch has been anally probing them with.
Re:
Not always; The New York Times came out against the Sonny Bono Copyright Term Extension Act back in the 1990’s when Congress was considering it.
Steamboat Willie
So, how long before the Steaming Boat Willies porno cartoon comes out then?
Lmfao
Re:
Negative several years if not decades? I’m not going to look but I’ve no doubt that someone has already scratched that particular itch.
Re: Re:
The closet I know of is Mickey steams Willy.
A crossover porno with chilly Willy
Re:
John Oliver already beat you to it.
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The media is all that is protecting us from the minimalists who, in their reckless cries of “Destroy copyright!” are encouraging maximalists to demand even stronger laws that punish everyone.
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Re:
Most minimalists don’t bother to read Techdirt, nor to educate themselves on these issues, instead preferring to stick to tired bullshit like “fans do it better for free” and “information deserves to be free” while being just as myopic as maximalists, who can, have and will continue to make up excuses to justify thwir need to control culture for a fraction of a decimal of next quarter’s profit.
Murdoch et al are the real enemy here.
Re:
Can’t tell if you’re making a joke or being one, enjoy the funny vote either way I guess.
Re: Re:
There’s been only one chucklenut who pins every tangentially copyright-related issue on minimalists.
Re: Re: Re:
Because perception = reality? Not in my world, chump.
Re: Re: Re:
[Projects facts not in evidence]
Re:
[Hallucinates facts not in evidence]
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Disney is really losing something...
This story at https://torrentfreak.com/brein-settles-with-pirate-iptv-seller-afer-global-chase-220725/ again reminds us that the criminals do not respect rights of the copyright owners. Given this background, it’s no suprise that copyright expiration is considered as “criminals will get benefits when they don’t have to pay for the material”, and legal services are still wary of using the material. Even after copyright expired, usage of the material is dangerous, given that it still has the feeling that you’re getting valuable service without having to pay for it. Freebie services always means that someone is getting ripped off. While copyright owners already had their chance with 70+life for getting the material valuable, the large investments they did over the course of material’s copyright terms still feels like users are ripping off the company.
While the goal of providing animations for children is respectable goal for any animation system, the company profits are always ruling the henhouse.
Re:
First off, shame of Finland, criminals do NOT respect anyine’s rights. It doesn’t matter whether their masters are from China or Murdoch or actual mafia dons. That’s how things like, let’s say, meth cut with washing powder, or Identity Theft, happens.
Secondly, with “free” services, we know EXACTLY who’s the product, and if there’s any errors, it is likely due to incompetence rather than actual malice. Unlike YOU.
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Re: Re: following the law is not malice
somehow your priorities are wrong when you call following the law/implementing copyright law’s requirements as malice. The people who did not bother to follow the law are bigger problems than what you find copyright owners implementing limitations to the software.
Re: Re: Re:
So you didn’t read what I typed.
I did not bring up the ethics of following the law. YOU DID.
I’ll Repeat what I said. In simple language even a kid could understand.
Criminals do not respect anyone’s rights. Because they operate outside the law and do not give a fuck about anyone else but themselves and the people under them. Those that do operate within the law are called corporations and politicians.
Criminals do not care about other people. They will do whatever the fuck they want.
If the product is free, you are the product. Your information is usually the one being sold. Any fuckups with the free product is usually due to incompetence and not malice.
The Link Tax was paid for by Rupert Murdoch, and you apparently think this is a good thing. And the software implementation for THAT is to pull out of the markets with it.
No one brought in the ethics or the virtues of following the law, shame of Finland. YOU DID.
And it doesn’t matter, because I never brought it up.
Again, what I actually said.
Criminals do not respect anyone’s rights.
Criminals do not care about other people.
If the product is free, you are the product.
I’d tell you to use critical thinking, but you are too used to believing in hard authoritian bullshit and copyright maximalism to even use that.
Please die in a fucking fire.
Re: Re: Re:
If by “people who did not bother to follow the law” you mean Dibsney putting wordmarks on the titles of Public Domain fairytales, you’re actually correct for once in your miserable life.
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Re: Re: Re:2
Copyright is not attached to the mere idea of whatever the fairytale is. But when you invest your money and effort to create a movie and you get some tangible expression out of from your idea, copyright attaches to the tangible expression. The fairytale still isn’t protected, the copyright only attaches to the particular expression of the idea.
So it means copying the movie is forbidden, but telling your friends about the fairytale is still allowed. Your friends just are not allowed to take the movie without compensation and watch/distribute it to their friends, even if that particular expression is awesome.
So if you tell the fairytale without referring to the end result movie, it’s all ok. It’s only when you link your friends to the pirated movie that you’re doing illegal stuff.
Re: Re: Re:3
*whoooooooosh!*
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Re: Re: Re:4
anonymous coward is already losing his ability to speak. Whoosh sound comes only when ability to speak is being inhibited. This is clearly a form of censorship.
Re: Re: Re:5
This is clearly a form of censorship.
So stop saying that people should be censored with extra copyright, chump.
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Re: Re: Re:6
It’s careful balancing act whether to follow copyright rules or some other rules that might conflict with copyright. For example user interfaces have a rule that you shouldn’t stretch the comfortable area of the users, but that usually requires cloning other people’s user interface instead of inventing completely new ones. Basically users can only stand incremental improvements to user interfaces instead of complete overhaul of the user interface..
Copyright obviously doesn’t like cloning. This way copyright is censoring the practices that users are demanding.
Of course the correct alternative is to do your own market research by asking users what they expect from the user interface instead of cloning someone else’s answer to the question.
Re: Re: Re:7
So here you basically demonstrate a lack of understanding of others’ comments as well as copyright law. Any wonder other commenters take the piss out of you as much as we do?
Re: Re: Re:8
So now your own opinions are forbidden? If I actually have better and more extensive experience creating copyrighted works, that experience somehow should not be used in a discussion about copyright? Other people simply failed to create copyrighted works, (or they’re hiding them under matress, which doesn’t really count)…
Re: Re: Re:9
So now your own opinions are forbidden?
Thanks for proving my assertion, chump.
Re: Re: Re:
*whooosh*
Re: Re: Re:2
“That whooosh sound you hear is the wind going in one of TP’s ear and out the other”
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Re: Re: Re:3
So you invented speaker system where you can change the direction that the sound is coming from? I think that’s too advanced technology for you.
Re: Re: Re:4
We’ve no need to invent such a system because we can just buy it from Currys PC World; it’s called ‘surround sound’. Try and keep up with the world around you just a little, then you might not look such a fool.
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Re: Re: Re:5
If the smart people in RIAA/MPAA also decided that they have no need to develop such system, we wouldn’t have “surround sound” available at all. Your decisions have consiquences that you simply cannot see beforehand. If you decide to not develop the next generation technology, soon you’ll notice that the people who developed the previous generation tech are all dead by now, and you decided not to develop your own tech at all. The kids/the people where future is at are not yet mature enough to develop anything on their own, so it’s your responsibility to keep technology bleeding edge moving forward. Otherwise we simply don’t have the technology that we need.
Re: Re: Re:6
If the smart people in RIAA/MPAA also decided that they have no need to develop such system, we wouldn’t have “surround sound” available at all.
The inventor of surround sound isn’t part of the MAFIAA at all, dumbass.
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Re: Re: Re:7
It isn’t required that inventor is part of MAFIAA. It’s enough that MAFIAA paid significant lump sum of money to the inventor for a permission to use the technology in their products.
Re: Re: Re:8
In the same way that I’m guilty of contributory infringement if the purchaser of the device I sold to CeX uses it to download copyrighted material? Get off your high horse, shit for brains.
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Re: Re: Re:9
Yes. Product design is tricky business, you actually need to balance many competing interests, including the one from RIAA/MPAA. No product can please all customers, but some rules and regulations are more important than others, and those important ones will be encoded to the laws of the country.
If your product has problems fulfilling basic legal statues, maybe you shouldn’t be attempting to create a product for mass market. Maybe a product for legal experts might be more suitable.
Re: Re: Re:4
Were you born without a sense of humor or did you have it surgically removed?
Re: Re: Re:5
He had it replaced with that stick up his arse, obviously.
Re: Re: Re:6
One cut from a monkey puzzle tree.
Re: Re:
First off, shame of Finland…
More like shame of Scandinavia. 😉
Re: Re: Re:
To avoid insulting Finlanders other than terop, I would say shame of the Nordic countries.
Re:
So why do you offer them a toy, when Synfig Studio and Blender allow real animation in 2d and 3d spaces, and allow them to create works that would be useful in their portfolio.
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Re: Re:
Lol, so you think the children are in need of portfolio items? Noone is going to remember what the kids did when they were 15 years old, and some random animations are not suitable as portfolio items. The world didn’t recognize our work in 68000 assembler for commercial amiga games, so why do you think the kids are going to benefit from some random animations in their portfolio?
Re: Re: Re:
But an animation which has had time and effort put into its creation can be, and 15 is not too young to start building a portfolio for a creative career, which include a YouTube career these days..
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Re: Re: Re:2
This url http://eab.abime.net/showthread.php?p=1543756 shows what happens to stuff created in 1994. This is the first person who thinks that mega motion game that I created for amiga was actually good game. Noone looking at my portfolio is going to find this message from the flood of thousands of similar messages. They would need to find the needle from the haystack. I just follow what has happened to the technologies that I created, so I can find it, but it’s no use for my portfolio.
I don’t expect 15 year old children to be any more luck than what I can do myself.
Re: Re: Re:3
Do you only hare children with talent, or everybody with any talent?
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Re: Re: Re:4
I dont think you have any idea what exactly talent is. HINT: its not the same as what they have in “america’s got talent” -tv show.
Re: Re: Re:5
Every accusation a confession.
Re: Re: Re:6
That’s copyright maximalists for you, fucked up beyond belief.
Re: Re: Re:7
No, no, no. It’s like in the military, “Situation normal, all fucked up.”
Re: Re: Re:
No one is going to remember what the kids did when they were 15 years old…
ORLY?
Re: Re: Re:
Oh, and while I never pegged you as someone who wants to maintain and expand a widening class divide, it seems like you are that too.
You truly are the shame of Finland.
Re: Re: Re:2
More like shame of the Nordic countries, TBCH.
Re:
Actually, it’s more often that big content producers don’t respect the public, as laws like the Mickey Mouse Protection Act remind us.
Re: Re:
And if you dig deeper, publishers never did care about authors or any sort of content creators.
Thank you Statute of Anne for actually giving the precursors of today’s content creators SOME dignity and a way to earn money through their work.
Re: Re: Re:
They earnt money before that statute, by selling manuscripts, or being paid to create new music and paintings. If you can demonstrate an ability to create, you have a sellable skill, which is why fans support their favorite creators regardless of the existence of copyright.
Re: Re: Re:2
Hey, fool, I’ve got some news for you. Copyright exists over almost the entire globe.
Re: Re: Re:3
And so does COVID-19.
Re: Re: Re:4
Apples and strawberries, ignoramus.
Re: Re: Re:5
Not really. Both have long since overstayed their welcome.
Re: Re: Re:6
I reiterate: apples and strawberries, ignoramus minimalist.
Re: Re: Re:7
How’s that Bayside Advisory phallus taste, copyright apologist?
Re: Re: Re:4
Non sequitur.
Re: Re: Re:3
How to miss the point that it did not exist as a creator right before the statute of Anne, and people still told each other stories and created art, and even made a living doing so. Creativity is not dependent on copyright, and nor is the creators ability to make a living. What copyright achieves is allowing middlemen publishers to control the market, and get rich on the backs of creators.
Re: Re: Re:4
Guess what existed before copyright? Royally granted publishers’ monopolies. Get off your high horse, ignorant minimalist.
Re: Re: Re:5 History
Royal? Lol. You’re too recent!
The original of copy right (right to print copy) comes from, originally:
作
曰
The grant to a member of a warrior or guard family to use ink blocks and have access to skin. Originally the protection was for three reasons.
Controlling print allowed for only officially clears printings.
Controlling skin and pelt meant print on anything else was not authorised
Official print blocks were also used as sigil stamps.
Copyright, though, was always about control. First of the entire process.
Later of both the process and the cost. Finally under freedom of expression the copyright was stripped down to only the ability to control what has already been printed.
Re: Re: Re:6
The grant to a member of a warrior or guard family to use ink blocks and have access to skin.
Which grant was given by the emperor. You were saying?
Re: Re: Re:7
Ignoring the fact that an Emperor makes imperial mandates, not Royal, the first mentions of copyright comes from Western European nations. Right or copy came after royal grant. But we’re basically the same thing.
I was, however referring to Greater-China, predating modern copyright by nearly 2700 years! Most academics put bot rapid typesetting and restrictions on print as coming in the mid 殷代 era. But un-set blocknprinting came across the desert from Western Asia during Xi.
Restoration of pelts from late Xi show diagrams of set blocks. Probably a design from lower Mesopotamia originally as there is signs of uniform marking as far back as 2200bce.
This was the Larger tribal era of ancient China.
Showing that information control and content protection has always been a factor.
The difference being over time. Originally a method of source authentication, by the Middle Ages it became content control. By the 1500s the idea of print rights became a matter of status. Owners of authorisations spent massive amounts of money to gain rights. Which allowed direct access to the highest levels of Nobel society.
But as printers gained position as authorised censor they were able to expand to printing non-royal materials. Creating a recouperary return on the investment.
Printing became generational.
As the printers sent family over to the colonies they retained their mandates and censor positions. After the war, such presses were passed to close friends or high ranking employees.
Creating the American press business of today.
The same track can be followed in Australia, southern and Eastern Africa.
English and Spanish South America.
Etc.
The premise of perpetual wealth under copyright is a Western idea. Where eastern development focused on proof of source.
Countries with minimal long term Western influence have very short protective terms. Rarely longer than 20-some years.
Re: Re: Re:5
What a short term view of history you have, as people created new works long before printing was even thought of. Stories like the Iliad and Beowulf etc, only exist today because people freely copied cultural works. Only a rich culture of sharing and copying built the legacy that allowed the Brothers Grimm to collect and publish the fairy tales that made them famous. Disney continued this tradition with many of their films, but have tried to make themselves that last of the line of copiers with their copyright maximalism.
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Superman
So where do we stand with the animated shorts from Paramount Pictures from the 1940’s which have been public domain for decades due to no copyright extending?
Re:
If you can make use of them, do so. Mash them up or something, make something cool and put it on YouTube.
quite obvious why, really. the entertainment industries, Disney, Sony, Nintendo among the worst, are actually fucking up the world of entertainment by contiuously doing whatever they think of to keep control of movies, music, and everything else. they are making similar moves on the Internet and be warned, those supporting them from security services, courts, judges and senators etc, once it has been taken from ‘the people’ and put in USA (in particular, but only) hands, it will never be the same again nor will the people get it back!!
Re: Interesting that you put Sony and Nintendo there…
Interesting that you put “Sony” and “Nintendo” there considering that those two are both Japanese companies, and Nintendo was founded in 1889 and their first product is actually in the public domain. I mean, really, you can see their original designs on Wikipedia and you can purchase identical competitors to it. Yet, Nintendo still makes those Hanafuda playing card decks, and I have two of them (one of them has Mario designs which are obviously copyrighted).
You would think that Nintendo’s continued existence in the Hanafuda market would teach them a lesson about copyright, but sadly, no.
Thanks!
Thank you for this article! We need to do more to protect and promote the public domain 👍👍👍
Well, how many of those media outlets are owned by companies that get to lock up intellectual property indefinitely as long as Disney gets to keep extending copyright terms? That might be your answer.
IPTV Smarters
Quite clear, in fact. By continuously trying whatever they think of to maintain control over movies, music, and everything else, the entertainment industries—Disney, Sony, and Nintendo being among the worst—are literally messing up the world of entertainment. When it is taken from “the people” and placed in the hands of the USA (in particular, but exclusively), it will never be the same again, and the people will never get it back. Be warned, those supporting them from security services, courts, judges, and senators, etc.
I remember reading that short story. It’s still ©’ed, even if it contains a creative commons license (albeit the one with the most restrictions: BY-NC-ND).
TBH, the restrictions didn’t stop me updating the story by doing things like upping the mentioned copyright term from life+50 to life+70, and then coded it in HTML. Hell, it’s not like Spider Robinson’s likely to find out unless I distribute the changed version, which I’m not going to do.