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879792 Posts in 33006 Topics- by 24379 Members - Latest Member: alisiahl87

May 25, 2013, 12:32:29 AM
TIGSource ForumsPlayerGeneralMegaupload is shut down
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Paul Eres
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RinkuHero
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« Reply #135 on: February 01, 2012, 11:46:29 AM »

i think what would be better would be laws that made copyright non-transferable. in other words, a company would no longer be able to "buy" the exclusive rights to your book or music or game, and then profit off of it without giving you anything or with only giving you a small royalty. so the person who created spider man would *always* own the rights to spider man, marvel would not

So is that Stan Lee, Steve Ditko or even Jack Kirby? Do you know about the recent case Kirby's kids lost against Marvel?

I think a law like that would potentially just be worse for everyone except lawyers.

it'd be potentially all of them. for instance, ditko might own the rights to the character itself, whereas lee and kirby might own the rights to particular issues they wrote or particular ways spiderman was drawn. copyrights can be shared between multiple individuals: for instance, if there's a music band like the beatles, *all* of them, collectively, should own the copyright to their music, not one individual beatle. i don't see why it couldn't work the same for collaborative projects like comic books, games, etc.
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ham and brie
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« Reply #136 on: February 02, 2012, 03:12:14 AM »

it'd be potentially all of them. for instance, ditko might own the rights to the character itself, whereas lee and kirby might own the rights to particular issues they wrote or particular ways spiderman was drawn. copyrights can be shared between multiple individuals: for instance, if there's a music band like the beatles, *all* of them, collectively, should own the copyright to their music, not one individual beatle. i don't see why it couldn't work the same for collaborative projects like comic books, games, etc.

You can negotiate rights in that way, but it's very complicated. Specific professions tend to have their own way of dealing with what's considered fair and practical (e.g. the way songwriting credits work). Having a general law that made relatively simple arrangements for payment illegal would be a nightmare.

It would lead to the legal overhead and risks associated with creative projects being much larger, especially from large, long term IP with many people who could potentially make a claim that their work has been used without them getting a large enough cut, making financiers less likely fund work. Rather than giving more power and better pay to people who produce work subject to copyright, it could instead just destroy their opportunities to do the work they want to do.
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