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<blockquote data-quote="Dannyalcatraz" data-source="post: 9535521" data-attributes="member: 19675"><p>There’s a difference between an <em>adaptation </em>and a new creation based on the original IP.</p><p></p><p>For example, I’ve seen Shakespeare plays staged or filmed as modern gang war stories, westerns, WW2-ish dramas, and classic sci-fi. That’s just staging; not really actionable.</p><p></p><p>OTOH, <em>Rosencrantz & Guildenstern Are Dead</em> is not merely a rearrangement of <em>Hamlet</em>, it tells a story The Bard probably never would have written. Arguably, it might be found to violate Stratford Bill’s copyright.</p><p></p><p>Then there’s things like Jimmy Smith’s jazz version of “Peter & The Wolf” that is so deconstructed that you’d be forgiven for not recognizing that it was very much based on Prokofiev’s original. Trying to prove that in a court of law might prove daunting </p><p></p><p>There’s no such thing as “effectively unending copyright”. Longer than a typical human’s lifespan? Certainly. But every copyright eventually falls into the public domain. </p><p></p><p>That it may do so when <strong>you’re</strong> inconveniently dead is not germane.</p><p></p><p>Note: I am not and have never advocated for eternal copyright. Let’s not raise that straw man again, even as a preamble.</p><p></p><p>As to the real question- “what duration is fair?”- is clearly controversial. As a creator and advocate, my bias is in favor of longer durations (obviously). It’s not that I can’t see or understand the counterpoints; I just don’t see them as outweighing the interests of IP creators.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 9535521, member: 19675"] There’s a difference between an [I]adaptation [/I]and a new creation based on the original IP. For example, I’ve seen Shakespeare plays staged or filmed as modern gang war stories, westerns, WW2-ish dramas, and classic sci-fi. That’s just staging; not really actionable. OTOH, [I]Rosencrantz & Guildenstern Are Dead[/I] is not merely a rearrangement of [I]Hamlet[/I], it tells a story The Bard probably never would have written. Arguably, it might be found to violate Stratford Bill’s copyright. Then there’s things like Jimmy Smith’s jazz version of “Peter & The Wolf” that is so deconstructed that you’d be forgiven for not recognizing that it was very much based on Prokofiev’s original. Trying to prove that in a court of law might prove daunting There’s no such thing as “effectively unending copyright”. Longer than a typical human’s lifespan? Certainly. But every copyright eventually falls into the public domain. That it may do so when [B]you’re[/B] inconveniently dead is not germane. Note: I am not and have never advocated for eternal copyright. Let’s not raise that straw man again, even as a preamble. As to the real question- “what duration is fair?”- is clearly controversial. As a creator and advocate, my bias is in favor of longer durations (obviously). It’s not that I can’t see or understand the counterpoints; I just don’t see them as outweighing the interests of IP creators. [/QUOTE]
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