You're speaking of two different elements here: the right of an artist to make a living of his art (the commercializing of art) and the rights of the artist to retain control of his art. These are separate issues that have traditionally gone hand-in-hand, but need special addressing.
That's true that those are two separate issues.In either case, I'm not so much speaking of the "right" per se. I'm not advocating that copyright be taken from any recent works. However, I do advocate a rollback of copyright law from 120 years to 18 years.Rather, my essay is asking, as a participant in the D&D culture, and "customer" of the D&D business, that Hasbro voluntarily free the 5E SRD and out-of-print books, both for my own desire, and as fuel for sales of Hasbro's own 5E rulebooks, worldbooks, and novels.
Moreso, giving something to the Public Domain means you no longer control its destiny. Anyone can create their own vision of your art and you have no control over it.
That's one way of putting it. It's a persuasive perspective...yet how does it sound if "invention" replaces the word "art"?: "Anyone can create their own vision of your invention and you have no control over it."Inventions are still thought of as something which it is good to be spread and shared throughout humanity. Inventions are meant to be used and improved. What about artworks? From the Free Culture perspective, it's a good that that artistic images are reproduced, and borrowed, and elements taken and included in other artworks (the mixing culture of hip-hop is the most manifest example)...and even improved. The art world has become divorced from life.I agree that artists need a livelihood.
Wizards has had a dickens of a time combating Pathfinder, a creation of the OGL with its stiff restrictions. Imagine what Paizo could have done if they could have lifted the name "D&D" to go along with it!
If it weren't for Hasbro's corporatist dickering, Paizo would've shifted to 4E (along with perhaps still continuing a line of 3.5E books). 3.75E would've never existed if Hasbro had stuck with the Open Game.Given the quality and resources of the Hasbro/WotC team, they would've remained top-dog. Now they are second-dog.
Now, if we lived in a world where all artists were given stipends from the people directly to sit and create stuff, I could see the tables turning.
That, my friend, is the goal. But "the people" doesn't mean the Goverment, but rather, stipends through perpetual kickstarters (=micro-grants from "the people") and from game-designer associations.Imagine Paizo, Monte Cook Games, Green Ronin, Pelgrane Press, and other independent game companies forming an association which provides a living stipend to all its associates, so that they can write gamebooks and game fiction full time, and be fully immersed in the love of the game, in exchange for all their moneys (including kickstarters) going to the association. Yes, it'd have to have a culture of integrity for it to work. It'd be the
Mondragon of the rpg world. (the largest worker-owned co-operative association of corporations)
Alas, we don't. So its not fair to ask them to give away their fruits for free, esp without stipulation on its use.
Well, someone has to step forward. Amanda Palmer, MC Matre (through his
Gifted platform), Jimmy Wales from Wikipedia, and the scientists who are shifting their work to open scientific journals, are examples of cultural practitioners who are finding ways...even within our heavily economicized and governmentalized system...to be economically supported without commoditizing or bureaucratizing their fruits.
Oh, and I'd be real careful mucking around with Tolkien's work: Chris will sue for derivatives that hew too close to his father's work faster than you can say "hobbit, ent, and balrog". Gygax learned that the hard way.
I'm conceiving something along the lines of Fantasy Flight Game's
Midnight setting.