[sp332]

You don't think Mickey Mouse and other Disney properties are part of our culture? Copyright on those works would have expired ages ago, if the laws were enforced as they were written at the time. Disney continues to prevent people from participating in that part of our culture.

[talmand]

How do they prevent you from participating? Do they stop you at the doors of Disney World? Can you not watch Disney movies whenever you go to the theater? Oh, that's right, you just want it for free.

Although, I agree with you on the copyright laws, they shouldn't be extended like they have been. But that's an issue to complain to the people who write the laws, not the content providers who take advantage of them.

[chii]

> But that's an issue to complain to the people who write the laws, not the content providers who take advantage of them.

that works when the law makers are ethical and neutral. When the "content providers" get in bed with law makers to create laws favourable to themselves, then what?

I want to participate in culture by creating a derivative work based on the disney micky mouse figure. But i m disallowed, because of the said laws, unless i paid disney some amount of money. Do you think disney deserves this money?

[talmand]

According to the law, yes. They absolutely deserve that money because that's what the law says. You can't choose to ignore a law because it's inconvenient for you. If you choose to ignore a law for your own benefit then that allows others to do the same for your potential detriment. That's extremely bad short-term thinking.

Your complaint is with the law, it has nothing to do with the content providers. You say but the content providers influence the law with money. In that case your complaint is with the system that writes the law. Your ire is misdirected and likely will cause nothing to change.

Of course, there's civil disobedience to consider. It would be an interesting way to combat the laws at hand but I'm not sure how to go about that in terms of media consumption. I suppose if enough people did it at the same time.

But you fall into the common problems with these type of discussion; you act as if your choices are limited. For instance, with piracy it's usually "they don't make it easy and/or cheap enough for me to buy so therefore I must steal it" which is a self-limiting range of options. It totally ignores several options such as simply not consuming the content in question and move on to something else. You present only one option in your desire to create, a derivative work based off of another's content. That's not your only option in this case.

Finally, this idea that this stuff is a part of our culture and we're locked out of it. I would say if we're locked out of it so tightly that we can't enjoy it then I wouldn't call it part of our culture. But this culture defense is new to me in these terms, it's an interesting idea. It will ultimately fail in the end but an interesting defense nonetheless.

[sp332]

According to the law, yes.

That's begging the question. We could change the law, but first we have to ask if we should, and in what way. That's why chii asked: Do you think disney deserves this money? Only after we answer that, will we know what the law should be.

[talmand]

Change the law? Absolutely. That is actually what I've been trying to advocate all through several discussions, that the outrage is misplaced. Don't like the law? Demand a change in the laws instead and stop wasting time on the companies that follow the law.

It's like that silly issue where everyone gets mad every year at international companies following various country's tax laws to reduce their tax obligations as much as possible but never actually demand a change in the laws themselves. They rail against the company as if that will change anything.

But to answer the question again, yes indeed, Disney deserves that money because that's what the law states. I don't understand how I can make that more clear. The fact that they get any money at all from their original creation is directly tied into such laws. Without those laws they have to hope for the best on the goodwill of people to compensate them for their work. As for deserve? They created it didn't they? Do they deserve anything at all? If they do, for how long until it could be considered public domain? Should anything be considered public domain after a time at all? That's what the law is for, to answer those questions. If you want to change the law, the current law applies until you change it. You can't start at zero and build up, you have to start with what's already established. Therefore, Disney deserves that money because of the law as it stands today.

[smaudet]

Except the law is not ethical - if it were ethical we would never need to change it.

The term 'deserve' implies something ethical. Your statement here is so much horseshit - nothing is 'deserved' because of the law, it is only legal because of the law. It is their legal money, but it is not necessarily their deserved money.

Just because someone slips in a by-clause that lets them legally rob a bank every fortnight, doesn't make that money their deserved money, or the robbing of the bank ethical.

[sp332]

I'm not talking about piracy or passive consumption as "participation". I mean people who are making art, movies, music etc. can't create anything new with Mickey Mouse or Snow White or Bambi because they are owned by Disney. You can't even sell a ringtone of Alice saying "You’re mad, bonkers, off your head! But I’ll tell you a secret: all the best people are", even if you make your own version in your own voice. Because Disney decided they're not done wringing money out of a movie made before my father was born. I don't just mean wholesale copying, but using any of it as raw materials for something creative is prohibited.

[talmand]

Why does that matter so much? Why is it so important for someone to be able to sell a ringtone from a movie they didn't create? Why is it so important for someone to make money off a derivative work based off of the work of someone else? Besides, there are examples of people making money off of derivatives of popular content they didn't create. It's just a fine line between making a copy and creating a derivative.

I think the thing I've been missing is so far is because Disney is the example, which is a big company, and big companies are evil right?

Let me toss a wrinkle into that logic.

Newly graduated college student makes an animated short. Took months, maybe years, to get it done. Took weeks, maybe months, of hard work to get it visible to the public. Public loves the film and wishes to buy a copy. Someone makes a "derivative" work that copies the characterizations of the original animation. For some reason, derivative work becomes popular. Original creator loses out. Screw the original creator right?

You do realize that the most likely outcome of allowing derivative works to happen too soon is that the big companies with their huge resources will swoop in and wipe out the small guys in no time flat? You think I'm defending big companies with these statements? I'm defending all creators regardless if they are Disney or the dirt-poor artist down the street.

If you have a problem with Disney being able to continue making money from their original characters, despite some of their characters being based off previous stories in the public domain, because copyright laws keep getting changed then you're problem is with the system that allows such things. Attack the system, not creators because you'll almost always come across as unfair to them in some way.

[sp332]

Disney is the example, which is a big company, and big companies are evil right?

No, just a few :) My problem with Disney is that in protecting their own interests, they also extended copyright on tons of other people's works as well. http://web.law.duke.edu/cspd/publicdomainday/2014/pre-1976 I believe the original creator, big or small, is not as important as the rest of the people in society. If big corporations make most of the money from derivative works, that doesn't prevent other people from making their own as well. But copyright means there is a state-granted monopoly on nearly all creative works.

If you have a problem with Disney... then your problem is with the system that allows such things.

How would you "fix the system" so that only certain people get a say? Disney can lobby if they want, I just want them to lobby for different things.