Dragaera

Artificial release dates and online publishing

David Dyer-Bennet dd-b at dd-b.net
Tue Dec 17 17:35:18 PST 2002

Joshua Kronengold <mneme at io.com> writes:

> David Dyer-Bennet writes:
> >Joshua Kronengold <mneme at io.com> writes:
> >> The point is that fixing copyright to anyone's lifespan is ludicrous
> >> unless you think the possibility of someone writing a parody or fanfic
> >> (or even commercial variant on same) is a tragedy.  And as much as it
> >> might feel like one (just like, say, a negative review), it's not --
> >> it's just a thing.  
> >Parody is protected fair use, so that's not at issue.  Most fanfic
> >*is* a tragedy.  The better fanfic is a tragedy *twice* (they should
> >have been writing something original).
> 
> Eh.  Nothing completely original is worth reading.  Everything else is
> a matter of degree.
> 
> >I don't see how I can protect the creators rights if the creator can
> >be forced to sit by and watch people totally pervert his creation.  
> 
> What rights?  If someone can pervert your creation deliberately, by
> parody, what's left that's worse?

Your friends are *always* a worse danger than your enemies.

> Misrepresentation?  That's covered by libel -- if you put an author's
> name on the cover of something without permission and don't explain
> how you've changed their work, you're open to libel, methinks (if
> they're still alive, anyway).
> 
> Someone else making money off your work?  It's going to happen
> eventually; the key is to making sure you make your share (which for
> most works will be a lion's share with or without lifetime
> copyrights). 
> 
> Really.  What's left?

The _Dune_ movie.  *Far* worse than National Lampoon's _Doon_. 

> [note that I'm using parody to point out that no copyright law
> actually stops what the lifetime argument says needs to be
> stopped...nor should it.]

I disagree.  

> >> Without that, a lifetime-based copyright is just a sop to genius 18
> >> year olders, and a punishment to 80 year olders, who can't necessarily
> >> sell their works for as much...and a means of keeping works out of the
> >> public domain for 0-70 years longer than they would otherwise be.

> >I'd guess anything over life+10 would give old people the same prices
> >on their work. 
> 
> Except that the same arguments against "lifetime" apply here -- if
> their book gains popularity, and sequels/movie rights are in the
> offing, the heirs are taking a serious hit, whereas with a fixed term,
> they've got the same chances everyone else does.

I don't care about the heirs nearly as much as I do about the
creator. 
-- 
David Dyer-Bennet, dd-b at dd-b.net  /  http://www.dd-b.net/dd-b/
 John Dyer-Bennet 1915-2002 Memorial Site http://john.dyer-bennet.net
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