case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2013-12-09 06:49 pm

[ SECRET POST #2533 ]


⌈ Secret Post #2533 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 053 secrets from Secret Submission Post #362.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Re: Curiosity

(Anonymous) 2013-12-10 12:59 pm (UTC)(link)
A long time ago (I'm not being exact here, because I don't feel like looking things up and most of what I'll be talking about people are familiar with) we introduced the intellectual property laws for the purpose of creating a full and diverse Public Domain.

The whole idea behind them was to have a temporary time where the creators could earn back the money they put into it and enough to live off, so that they could afford to spend time creating more stories, inventions, etc. just like any other job. (I don't know all the dates for everything, but it started at 14 years with the option to renew your copyright as many times as you want for literature—until you died. Then it would go into the public domain. Otherwise after 14 years it would automatically go into the public domain to be built off freely.)

Enter Disney. Even though Mickey Mouse was based off a character that they probably really didn't have any right to reproduce as it would have still been under its own copyright at the time, when it came time for him to go into the public domain they lobbied to have the amount of time extended. They have done this 4 or 5 times now. So that from the moment something is written it holds a copyright until 75 years after the author dies and 95 years if a company holds ownership of it.

Because of this people are so lost in the "mine, mine, mine; do not touch" (or god forbid be inspired by anything) that they've completely lost the concept of what creativity is and where it grows from. http://everythingisaremix.info/watch-the-series/

We wanted a lot of works going into the public domain every year and now nothing will be going into the public domain until 2019 (I had to look that year up: http://www.openculture.com/2013/01/what_entered_the_public_domain_in_2013.html) But we can't trust that year either, because Disney will probably just use its money to go extend it again like it has before.

Then there are orphaned works (Britain this year finally made them available, and people actually complained about this) that no one is allowed to use or build off of, because no one knows who owns it. This also means they aren't even read at all, because other than in archives all the copies are destroyed.

And then there is Disney tracking down and suing people for using Mickey's image. I get that is why they spend all that money to push the laws back, but they are seriously horrible people. How in the world is a cake shop a threat to them? They weren't selling them Mickey Mouse, they are selling a cake they spent all the money and did all the work on. (This even goes farther to show how little they care about their customers...these are just kids that want their favorite characters that Disney has been selling them on their cakes; and preferably cakes that actually taste good. But the smaller bakeries can't afford the fees to be allowed to put the characters on the cake. So your choice is good cake no character, or way more expensive cake that taste like crap from a bigger company that can afford to pay the fee/ get the cakes in frozen.)

Or when they sue schools: http://www.snopes.com/disney/wdco/daycare.asp

Which gets me to why this bothers me the most.

That people actually believe Disney is right for doing this. (Just read the wording of that Snopes article.) The only reason the law is in support of them is because they paid to change it.

(I know they have a trademark on Mickey Mouse, but I still find it shitty of them. Make the fee low enough that private bakeries can actually pay it—they don't need the money. I'm not sure about the other characters, if they are trademarking everything, then it would just piss me off more. Why are they f***king over everyone, if they are just going to trademark everything and then no one can use their stuff anyway? Let orphaned works and the works of people who've been dead for years go in the public domain already.)

And they do try to trademark things they have no to right to: http://www.cnn.com/2013/05/10/us/disney-trademark-day-dead/
http://www.deadline.com/2009/05/an-attempt-to-stop-the-disney-machine/
http://online.wsj.com/news/articles/SB10001424052702304066504576345752703592770

(I guess, I ended up looking things up anyway.)

I love this site: http://tvtropes.org/pmwiki/pmwiki.php/Main/DisneyOwnsThisTrope

Every time someone complains about how we just rehash the same stories and we aren't moving forward...etc. I'm thinking: If Disney and all the people who think like Disney weren't *@#&ing @$$@*!# $%!&-faces then that wouldn't be a problem, because we're being held back by not being allowed to use the knowledge we've gained over the last hundred years without getting sued.

I also know this isn't just a Disney problem, but Disney is the one that is forced on me the most; and they are the company lobbied for it.
caecilia: (more of these two)

Re: Curiosity

[personal profile] caecilia 2013-12-10 05:12 pm (UTC)(link)
Actually that is a pretty good reason and as an aspiring artist I'm going to take it into consideration.

Re: Curiosity

(Anonymous) 2013-12-10 05:55 pm (UTC)(link)
Don't they have to challenge any and all infringements in order to keep hold of their properties? I know some little guys that have been cease and desist letters for this reason.

I mean I get why people would be upset of the Public domain thing but.. I mean I wouldn't want other people to be using my cornerstone character for things that could be nasty, racist, pornographic or anywhere in between.