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What duration of time do you connect to intellectual property? (lemmy.ml)

submitted 2 months ago by [email protected] to c/[email protected]

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It's one thing that copyright/IP is such a matter of debate in the creative world, but a whole new layer is added onto that when people say that it only matters for a certain amount of time. You may have read all those articles a few months ago, the same ones telling us about how Mickey Mouse (technically Steamboat Willy) is now up for grabs 95 years after his creation.

There are those who say "as long as it's popular it shouldn't be pirated", those who say "as long as the creator is around", those who don't apply a set frame, etc. I've even seen people say they wouldn't dare redistribute paleolithic paintings because it was their spark on the world. What philosophy of statutes of limitation make the most sense to you when it comes to creative work?

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[–] [email protected] 4 points 2 months ago (2 children)

Trademarks should be good as long as the company is in business.

Patents should be determined by weighing two factors: 1) how much sooner will the invention be produced than it would have been without the incentive of a patent, and how much will the public benefit from that earlier introduction; and 2) how much will the public be harmed by the monopoly resulting from the patent? The patent should then expire before the second factor outweighs the first.

Copyrights have been a scam since they were first introduced: the original intention (when printing was first introduced) was to police the printing of politically or morally objectionable works, but the authority appointed to do so abused the power to sell monopolies on printing specific works. Authors were originally opposed to this practice, and actually got it overturned for a time—the idea that copyrights are needed so publishers can compensate authors was a post-hoc justification publishers came up with to get authors to withdraw their objections. But it’s never been a good deal for the actual creators.

So copyright needs to be re-thought from the ground up—the amount of time that works remain under copyright is a secondary issue.

[–] [email protected] 1 points 2 months ago (1 children)

I'd be fine with copyright going away altogether. People sometimes object to this on the grounds of "But Disney will just steal your ideas and make money off of them". If their works don't have copyright though, you can do the same right back to them.

This is also one reason that I appreciate generative AI. Short-term, yes it will help Disney and the like. Slightly longer-term, why would anyone give Disney money if you can generate your own Marvel movie yourself?

The genie also isn't going back in the bottle. Copyright is a dead man walking. If you dislike what large companies like Disney are doing/going to do with generative AI, push for anyone training a model to be forced to let anyone whose work went into that model for free.

[–] [email protected] 2 points 2 months ago

Yeah, “generating your own Marvel movie” was considered high art for most human cultures before copyright: from traditional epics to Greek dramas and even Shakespeare’s “serious” plays, audiences were already familiar with the characters and stories and valued the art of the re-telling. Novels (so-called because the characters and stories were “new”) were considered low-brow trash for people unfamiliar with the myths and stories that “real” literature was based on.

Now, that primal human urge to build on and re-tell familiar stories is relegated to unlicensed fan-fiction and to franchises like Marvel who only permit certain sanctioned creators to build on their “property”.