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by _aavaa_ 28 days ago
I wonder how many would be written if copyright was only 20 years instead of more than a century? To the point that most people will never be legally allowed to directly build off of the culture they grew up in.

Lord of the rings will be under copyright til roughly 2050. I think Tolkien's estate has gotten more than enough money from that book and it's time to let other use the word hobbit without the threat of a lawsuit.

1 comments

> I wonder how many would be written if copyright was only 20 years instead of more than a century?

I expect it would not move the needle much. I support reduced copyright periods, though not in the specific way you do. But that's not what we're talking about here, is it? The comment I replied to seemed to be advocating for total abolition of copyright law, and my comment is written to be interpreted in that context.

> To the point that most people will never be legally allowed to directly build off of the culture they grew up in.

What specifically are you talking about? Every author borrows from what came before. Copyright law doesn't even enter the picture in the vast majority of cases, because you generally don't have to copy to "build off of the culture [you] grew up in".

For what it’s worth I think abolishing copyright wouldn’t have as big of an impact on art production as you do. Most artists (e.g. musicians or authors) aren’t struggling because their art is popular but copied by others (or lack of copyright). But because nobody listens to or reads their work.

Even before AI more people tried to be an author/musician than could ever hope to gain even financial success. I don’t think less copyright will dissuade them.

> every author borrows

Borrows yes. But that has changed drastically in the last 100 years because of what has become the copyright system.

I’ll be long dead and gone before people can make and publish their own LOTR, or Star Wars, or whatever franchise they grew up with. Disney would be impossible to start given the current regulations, all those tales would be locked up, and we would all be worse for it.

I guess you feel strongly that fan fiction and similar derivative works ought to be monetizable? I guess I really just don't care about that. It hasn't stopped huge numbers of amazing authors from doing their thing, and I don't think it's a good reason to [partially] abolish copyright except in a very specific and limited scope.
Yes I do, in part because the difference between fan fiction and fiction, is that one has the blessing of the copyright holder while the other doesn't.

Disney turning common folk tales (the culture of the day) into movies is not considered fan fiction because there was no monopoly on who could tell those stories, and how.

If lack of copyright for fan fiction and derivative work hasn't stopped good fan fiction authors from doing good work, then I don't think that we will lose much if the newest Marvel movie or franchise reboot also can't be copyrighted.

> I don't think it's a good reason to [partially] abolish copyright except in a very specific and limited scope.

I don't see a good reason for keeping it though. Copyright isn't why artists are being paid pennies for their work.

> Yes I do, in part because the difference between fan fiction and fiction, is that one has the blessing of the copyright holder while the other doesn't.

This is a really odd thing to say. You can just go write your own fiction, right now. You can invent your own original characters and setting and plot and go write it. You will automatically own the copyright to your own work; there is no other party who must "bless" your efforts.

I have nothing against fan fiction, but it's an edge case.

> If lack of copyright for fan fiction and derivative work hasn't stopped good fan fiction authors from doing good work, then I don't think that we will lose much if the newest Marvel movie or franchise reboot also can't be copyrighted.

I mean, I don't think we will lose much if the latter doesn't exist. I think I have made it clear that my specific concern is for individual artists who hold the rights to their work, not purveyors of commodity slop. But, since you mentioned it, what effect do you think abolishment of copyright will have on the production of films that are actually good? Who will finance them when it's impossible to directly monetize them? If anything I think commodity slop will be the only thing that gets funded anymore, since it probably synergizes best with massive distribution platforms and hundred million dollar multi-media marketing blitzes. Everyone else can go the Neil Breen route.

> I don't see a good reason for keeping it though. Copyright isn't why artists are being paid pennies for their work.

Yeah, you're right. No artists are relying on royalties and similar payments for their work. I'm sure none of them will complain if we take all that away.

> You can just go write your own fiction, right now. You can invent your own original characters and setting and plot and go write it. You will automatically own the copyright to your own work; there is no other party who must "bless" your efforts.

I keep going back to the old-school Disney example because it's easiest to see: Disney did not create Snow White, Bambi, Robin Hood, or Peter Pan. All of those movies are highly influential and core to Disney and the culture of people growing up with them. And they're all fan fiction, or would be considered as such, and be impossible to produce and monetize if Disney had to live with the same copyright restrictions they impose on the rest of us.

If I want to now go and recreate my own movie based on one of the original texts, I think it would be next to impossible since the threat of lawsuit (even if I use none of their IP and would eventually win) would make financing impossible.

Fan fiction has been turned into an edge case by the current copyright system. Putting your own spin on the stories you grew up with used to be the norm.

> my specific concern is for individual artists who hold the rights to their work

To a large degree individual artists do not hold copyright for their work, they often sign it away (especially musicians and authors) in exchange for signing, advances, and distribution.

> what effect do you think abolishment of copyright will have on the production of films that are actually good? Who will finance them when it's impossible to directly monetize them?

I think they will still be financed. Take books, I don't think bookstores will want to vertically integrate from book discovery through printing and retail stores. Consumers will still need ways to identify reputable book publishers to limit what they purchase next.

> I think commodity slop will be the only thing that gets funded anymore

One could argue that this is what has always dominated funding. Most revenue and shows have been for artistically devoid pieces of media (especially in movies).

> No artists are relying on royalties and similar payments for their work.

The 0.00001$ per stream for musicians? Or the 1$ residual checks for reruns?