(Topic ID: 222335)

FairUse... being challenged... again

By Zitt

5 years ago


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  • 53 posts
  • 25 Pinsiders participating
  • Latest reply 5 years ago by RonSS
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#20 5 years ago

Dr. Suess died in 1991. Do we really want a society where the estate of a long dead artist can sue people who /obviously/ do an homage to Seuss? Fistful of Dollars is a total ripoff of Yojimbo, should that not have been made?

The other problem is that copyright enforcement is unevenly applied. The artists of the book may well lose because the Seuss estate has millions and can afford the best lawyers. Meanwhile look what a Disney contractor, and by extension Disney itself did, and the French artist who did this work recently and who is still alive has zero chance of winning:

https://cms.qz.com/wp-content/uploads/2018/03/unnamed_colorcorrected-2.jpeg?quality=75&strip=all&w=700

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#24 5 years ago
Quoted from Black_Knight:

Yes. Are you arguing that the copyright laws are too long after a creators death, or that this is fair use?
Copyrights are enforced by the owner, so of course they will be applied unevenly. There are many examples of people getting the shaft on both sides of the arguments, that's life.
But to me, this is an obvious cut and paste of existing artwork which is a copyright violation.

I make money from selling my own copyrighted works, so I am a big fan of copyright. But I have a huge problem with people making money from an artist’s work decades after the artist died who had F all to do with the production of the work.

Copyright is meant to create a window of exclusivity so the creator(s) can benefit from their labor. Not to create effectively infinite revenue streams for trust funds or corporations.

As an artist I assure you that we need the ability to borrow, steal and copy the works of the greats that came before us. As a businessman I offer a similar assurance that this has to happen after a work has had a good long run of sales.

We need a fair middle ground. That’s what copyright was when it was enacted.

Now I haven’t really seen the book in question so it’s hard to say, but it looks like a legit parody of a Seuss book using Star Trek characters. If the target market is adults, it also doesn’t seem to be threatening book sales of the original. It’s clearly not a counterfeit.

If you’re doing a parody, you /want/ to mimic the style closely. That is part of the point. It wouldn’t work as a parody if the pictures weren’t extremely similar. Weird Al tries to make the songs sound exactly the same, he just changes the words.

We should apply sanity to copyright. With respect to pinball, it seems reasonable to extend copyright on any pinball part for twenty or thirty, maybe even fifty years, but only as long as the manufacturer or current license holder makes that part available to the public for purchase at a reasonable price. It makes sense that if a part is being made by a licensee, anything substantially similar should carry a license fee during that period of protection, too.

We should not allow ancient dragons to sit atop hoards of intellectual property and breathe fire in the form of lawsuits.

#28 5 years ago
Quoted from Black_Knight:

If you need to steal and copy previous work, then you are in the wrong line of business

What line of business are you in?

Quoted from Black_Knight:

The example pages above are mimicking, they are literally a cut and paste of art Dr Seuss did. The Very Particular Machine is an exact copy. If this guy was creative he would have recreated them to match his theme, while paying his homage to Seuss. But he didn't, he just right clicked. If he took the time to recreate these elements, he could probably print his book.

Are you speculating or do you have proof to back up this claim? I haven’t done any forensic work to compare the original with the parody. Perhaps they were cut and pasted. If they literally were, that does change things.

But last time I looked, the sneeches weren’t wearing Star Trek uniforms in the original. That lends credence to the artist being capable of mimicking the original close enough to fool most people.

#30 5 years ago

Yeah, I saw that. That isn’t a cut and paste. Look closely.

#32 5 years ago
Quoted from kbliznick:

There's parody and then there is plagiarism. Using the style of the original artist is parody/homage. Using the style AND story AND composition is plagiarism. The mashup artist is a hack and could have done this right without exactly copying the composition and background/foreground artwork.

I'm not sure you understand what plagiarism is, which incidentally has no legal meaning.

Parody can be really hard to determine, and we have no standard for mashups which are relatively new. However, the words of the book, and therefore the whole spirit of it, are utterly different. The audience is totally different. The art is wildly different in some places, and the words are vastly different on the only examples I've seen. I see what they were going for.

Of course, I don't even know if this book is a parody or not. It sure seems like it is, and the artist contends that it is, and that's at least been partially supported by a judge in court. But I haven't read it, nor have any of you, because it isn't available.

But I don't see this as any different than using music samples to create a new song.

#34 5 years ago
Quoted from PinMonk:

Disney's going to have a cow when the earliest Mickey Mouse extended copyright finally expires in a few years. TONS of legal unlicensed product will flood the market - and a LOT cheaper.

It’ll never happen. Our dear leaders will keep extending copyright infinitely.

#36 5 years ago
Quoted from PinMonk:

I think it will be a much harder sale this time around than the last two. It gets hard to say it's not unfair when the originator is long dead and the copyright is around 100 years old. Letting it go at that point is beneficial to art and commerce.

I deeply and sincerely hope that it doesn’t get extended again, but I fear that Disney has only grown in power and influence since the last time around.

#41 5 years ago
Quoted from tacshose:

I wish pinside had an attorney. I would gladly pay $50 for heart ++ if it included legal advice\opinion in threads like this where I’m interested but don’t understand the current laws on it very well.

Google up Fair Use, there are some very good primers out there.

#44 5 years ago
Quoted from phil-lee:

It is true there is nothing new under the sun. That which came before should be used as inspiration to create new interpretations. Support of stealing earlier works is fine until someone does the same to you. A respect for copyright began to crumble during cassette tape sharing days and turned into an avalanche with illegal streaming/ sharing which our current younger generation grew up with. They feel music should be free. They go to Art shows and photograph original paintings and photographs to enlarge at home, Art should be free.

Yeah, I wish I got paid for every use of my art too. As an artist you have to tolerate it - it comes with the territory. But I’ve also read a lot of studies that show copying increases your chance of selling your work. That’s because the challenge is still all about being seen, assuming you do quality work.

And most of the music copying and sharing back in the day had to do with the fact that music was stupidly expensive and there were no easy ways to stream or buy digital. Generally people would rather pay with time or money. If it’s too hard or expensive, they’ll find another way.

Quoted from phil-lee:

I have had photographs stolen and posted on the internet, I used to sell these as enlargements, but the system has made them free.
I have had original lyrics from songs written and posted in the early days of Soundclick stolen and used in someones new song. Same with certain guitar licks.

Quoted from phil-lee:

It is the responsibility of the Copyright holder to protect their creations, but who can afford all the Attorneys it would take?

Sorry to hear that your lyrics and guitar licks were stolen. Have you talked to a copyright lawyer? Some of them will take cases with no money from you.

Quoted from phil-lee:

What this does is squelch creativity, which is evident now with lousy music being released and lousy copycat so-called "Art" like this Seuss ripoff.

There’s always been lousy music. Over time only the hits get played, so it gives the impression that music is getting worse.

Also we have vastly more new music to choose from now, therefore more lousy music.

Quoted from phil-lee:

That is why when people here ask for Mod ideas or game ideas I no longer share as they could be "Gleaning" free million dollar ideas which no credit to the originator will be given should it go into production.

Ideas are 0.00000001% of what it takes to bring a product to market. The general rule about an idea is that you should shout it from the rooftops and try to see if people might buy it, and gain valuable feedback in the process. It’s the height of arrogance to think someone creative and passionate enough to do a great job on a product would rather use someone else’s idea than their own. Copycats also produce inferior work.

Quoted from phil-lee:

So steal Bally/Williams art and reproduce cheap plastics-aprons-backglasses and call it a parody. Just change a color or line,see how that works out.

That’s a straw man. Nobody is saying that here.

Do you also think that The Magnificent Seven was a ripoff?

#46 5 years ago
Quoted from phil-lee:

No straw man,a serious legitimate question you evidently can't answer.

Questions usually include a question mark, don’t they? Where’s the question in what you wrote? I don’t see it.

I repeat that nobody here is making an argument that a repro Bally apron is a parody, except you.

Quoted from phil-lee:

Also China spends billions to steal ideas,otherwise known as trade secrets, nobody is shouting them from the rooftops.

Please tell me you aren’t arguing that a trade secret is the same as an idea. Because they’re not the same. At all.

Quoted from phil-lee:

So music is too expensive, ok, that means I can steal it. Art is too expensive as well so I will photograph it, take it to a printer and make 16 x 20's and sell them at Shows.

Taking the moral high ground based purely on unrealistic profit expectations has ruined many industries.

As an artist in a free market, I am entitled to what people are willing to pay for my work. Period.

If I set the price too high, people will find other ways. There’s a reason why PIN2DMD was created, and poor man’s stadium lighting.

Case in point: nobody cares about sharing music anymore because streaming it is cheap enough.

This isn’t my position. This is reality. Ignore it at your peril. Bitching about it is futile.

Quoted from phil-lee:

In Industry, all good ideas come from someone else, the passionate creative types are paid salaries and sign non-competitive agreements when they leave, no patents or copyrights for them.

Would you elaborate? This seems orthogonal to what we were talking about. Or at the very least, if as you state all good ideas come from someone else, it would be a very bad idea to have unlimited copyright, woudln’t it?

Quoted from phil-lee:

You evidently feel entitled to do whatever you wish with others creative work when the "Reasonable timeframe" you set is over for protection. We are fortunate there are still laws in place to stop this type of ripoff.

I can’t find a compelling argument for unlimited protection of a copyrighted work, nor have you presented one here.

Art cannot be fixed and static. Unlimited copyright stifles innovation and expression.

Quoted from phil-lee:

Again, there are those tempted to utilize basement production facilities( Blackmarket) to get the unobtanium plastics, aprons and back glasses they need for rare machines, why is this not ok under your reasoning?

I’m finding it hard to understand your question with the double negatives. What are you asking?

Black markets don’t appear in a vacuum. They appear when the price of something is artificially high. The makers of a product can charge what they want. If they charge too much, I guarantee people will pop up to fulfill demand at a lower price point. A wise businessperson sets the price low enough to discourage copycats and high enough to make a profit. That’s usually 8 to 20 percent, tops.

Debating the rightness or wrongness of black markets is futile. Trying to legislate against this kind of behavior is futile. Setting the price to something reasonable is the only way to curtail black markets.

Regarding unobtainium PARTS for products that have not been sold for decades, if a copyright holder refuses to make a part available at a fair price (e.g. COGS + SG&A plus a reasonable profit), what is your problem with someone else making a replacement part?

#49 5 years ago
Quoted from phil-lee:

Because it is still protected by a Copyright. China would love to fill the void up to reproducing entire machines if there is a Market.

Back that up with something concrete, or it's simply a wild and unsubstantiated claim.

Quoted from phil-lee:

You have made it clear that you feel entitled to steal others work when you see fit (time constraints, Holder not making use of the Copyright) which is a new trend among younger people, that however does not make it right.

Please indicate where I indicated that I personally felt entitled to steal. Otherwise you're opening yourself to slander. Let's keep this civil. I am an artist and entrepreneur, and I am strongly for copyright.

This is not a trend among younger people. Black markets are as old as trade itself. Don't fool yourself.

Quoted from phil-lee:

A Copyright is a viable property, like gold, jewels or any form of asset.

No, you are fundamentally confused. Intellectual property is nothing like a liquid asset at all. It cannot be easily bought, sold or transferred. IP carries special protections and restrictions that liquid assets do not.

Quoted from phil-lee:

The Owner has the right to do whatever they wish with their property, whenever they wish. An asset is to be protected from theft, much like a burglar coming into your Business or home and stealing,there is no difference.

Your analogies are tortured to say the least. Copyright owners do not have absolute rights, they are tightly controlled by.... wait for it... copyright law!

A slightly better analogy for protecting IP is a department store. They know there will always be some shoplifting and factor it into their pricing. They take reasonable steps to protect against shoplifting, but at some point the cost outweighs the benefit.

Violations of copyright are not like trademark violations, where every violation must be vigorously defended. You won't lose your copyright if someone publishes fan art using your creations.

Quoted from phil-lee:

Fortunately it is not, the laws are in place to protect the person/entity holding the Patent,Copyright,etc and you will get your ass sued when you try to rip it off.

History has shown this not to be the case for black markets, for which I was arguing will appear no matter what we may want to believe.

Quoted from phil-lee:

Yes,there are many that will try to "Fill the void" when prices are high, such as Asian/Chinese knockoffs of Gibson guitars. Many unknowing innocent customers purchase knock-off watches, purses and everything else under the sun, hurting the Market for the real thing.

See, you're conflating things again. Can you not see a difference between selling a product that is not being sold, and making a counterfeit?

Quoted from phil-lee:

Much like the blatant rip off of Dr. Seuss in this thread, rather than create something new and original, the so-called Artist decided to steal the style,appearance and spirit of a Master and make it his/her own for profit.

It looks like a parody, and at least one judge agrees.

Quoted from phil-lee:

That doesn't fly in America, no matter how entitled people wish to argue otherwise. Get used to it. Or go Offshore so one can steal others property and profit like many others do/have done.

The right to make a parody exists in copyright law, no matter how much you don't understand how or why.

Our copyright system needs to be adjusted to accommodate things that were never envisioned at outset. Mashups, parts for long-dead products, abandonware, 3d printing, server-based games going offline... the list is long.

It also needs to be returned to the original intent: limited protection in the market to encourage innovation and then it goes into the public domain for the good of all. Instead, greed and entitlement has undermined this intent.

#51 5 years ago

I asked you to substantiate your claim that "China" was waiting to manufacture and sell old pinball machines. You failed to do so.

Quoted from phil-lee:

You are either kidding,naive or need further real-life experiences. Intellectual property is routinely stolen and sold, at least in the Specialty Chemicals Business.

I don't think we're even having the same conversation here.

You made an untrue claim that IP was the same as a liquid asset. They are vastly different. Feel free to make reasonable arguments otherwise.

One always needs more experience, and I certainly wouldn't be called as a subject matter expert on copyright law. However, I have sold and bought IP. I made money from my IP in my teens and have done so for many decades, thanks to copyright law. I've retained copyright lawyers. I think I know enough on the subject to speak about it.

Quoted from phil-lee:

Yes,and it is important to fight this and keep a lid on it,otherwise the substantial investments necessary to develop a Brand become fruitless in a Global Marketplace.

Again with the straw man argument.

Quoted from phil-lee:

Good,all profits can go to a Charity. Can I create a Parody of your work and sell it on t-shirts? I promise to alter it a little from the original.

You don't have to ask my permission to create parodies of my work, that's the beauty of copyright law. But since you asked, go for it. I won't stop you. If you try to sell my work or violate the license terms, I will sue you back to the stone age. Just sayin'

What are you talking about WRT charities?

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