New Bill to Limit Copyright to 56 Years, Would be Retroactive

[LuisCarlos17f]

Have you thought about this? If some IPs become public domain, then others could publish spin-off based in the next generations.

 

[Umbran]

Have you thought about this? If some IPs become public domain, then others could publish spin-off based in the next generations.

But, as Danny has pointed out, you can already.

As has been noted, you can file the serial numbers off of Superman pretty easily, and use him. You can do that as well for future generations - and that's been done, too. In fact, the recent TV shows Jupiter's Legacy and Invincible (and the comics they are based on) have themes of "faux-Superman's children".

What's at stake in comics (and fiction) aren't the themes and ideas. They are the exact name "Clark Kent", the big red S on his chest, and the name of the homeworld Krypton, and the like.

So, in fiction, what's at stake isn't creativity. It is the ability to cash in on the cachet of a character that someone else created.

This is different from the music industry, for example, in which cover songs (and now sampling) are an important part of the art.

 

[Mannahnin]

This is different from the music industry, for example, in which cover songs (and now sampling) are an important part of the art.

I think fiction could easily see similar riffing on and creative use of characters if our IP laws didn't obstruct it so much.

 

[Umbran]

I think fiction could easily see similar riffing on and creative use of characters if our IP laws didn't obstruct it so much.

The point is that there's plenty of riffing on characters being done already! 170 riffs on Superman!

 

[Mannahnin]

But the point is that there's plenty of riffing on characters being done already!

No, I'm talking about riffing by using the actual characters.

Yes, you can do a fair amount with similar characters, as was being discussed, but it's not the same thing. Just like imitating the drum sound from When the Levy Breaks is not the same thing as actually sampling the song.

And writing an antisocial detective with a sidekick is not the same thing as using Sherlock for Elementary.

 

[dragoner]

I know with maintaining copyright on my star maps, it's only so someone does not make some third reich in space, or something; not that I am going to make money, because I have not. I actually made them as a learning tool, for myself, except hopefully to others as well.

 

[Ryujin]

I know with maintaining copyright on my star maps, it's only so someone does not make some third reich in space, or something; not that I am going to make money, because I have not. I actually made them as a learning tool, for myself, except hopefully to others as well.

Third Reich in space = Azuriach Imperium (Space Opera RPG)

 

[dragoner]

Third Reich in space = Azuriach Imperium (Space Opera RPG)

There are also other close or adjacent games to the TR in space. I am friends with most of the people doing the Space Opera stuff, the main feel I get from it is more libertarian American, a strong internet vibe.

 

[Umbran]

No, I'm talking about riffing by using the actual characters.

Ah. So, I think you have it completely backwards.

In fiction, you can do a riff that everyone recognizes as a riff without infringing on copyright, because in fiction you don't need the particulars to riff - you need the themes. So, you get 170 riffs on Superman.

In music, doing a recognizable riff on a work without using the details of the original is extremely difficult, because the art of music leans much less heavily on subtexts and themes, and more on the particulars of pieces.

Copyright in music is effectively more restrictive than that in fiction, because of the differences in the art forms. The music industry, however, is generally more permissive in allowing licensing.

Yes, you can do a fair amount with similar characters, as was being discussed, but it's not the same thing.

So, the argument is that long copyright protection serves to limit creativity. Creatively, what is different about being able to use the ideas and themes, but not the Big Red S itself? Darned little. What is different isn't about the writer's creativity - it is about the marketing of the resulting piece.

 

[Mannahnin]

What is different isn't about the writer's creativity - it is about the marketing of the resulting piece.

I don't think this true at all. I think you're being conceptually limited by acceptance of the status quo.

Again, a show or story about an updated/alternate (or even the same exact character, just with a new plot) Sherlock Holmes or Winnie the Pooh is functionally different than a show about another, similar detective or bear. It's not just marketing.

There is no one definitive "official" Robin Hood. There are many takes on the character and many different stories. I think this is a manifest good.