2019 is here. Amazingly there was no post Bono/Mickey Mouse extension snuck in at the last second. One good thing of the Legitimate Ape predenting to be Presi-DON’T and his adult baby cry-fest.
I posted - check earlier history - on my favorite work - “The Prophet by Khalil Gibran” being in public domain in the USA now. I’ll make time to do some adaptations from the chapters in between my more “Pulpy” normal work somehow.
But the real fight will be for 2024.
In 2025 Jan 1 a lot of new works will enter - of particular note is Disney’s “Steamboat Willie” then year after year most of Disney’s foundational works will enter the public domain. Ones they still make a LOT of money on.
Oh, and ones that if the Copyright laws existed then as they did now we wouldn’t have had a Disneyland or really that much Disney - the people claiming to hold the rights to the properties would have demanded too much money. Or people claiming (Falsely) to hold the copyright would have extorted money forcing a lawsuit that would have bankrupted the early Disney even if he won.
I also bet if Shakespeare had had to deal with copyright as in today’s laws, we’d have never heard of him. First, he’d have been ruined paying royalties for “Punch and Judy”. Then the lack of copyright let others do his plays allowing him to grow more and more popular even after his death.
Now, I don’t really want to use “Snow White” as Walt’s slaves aka employees painted her. Uh, Shah-Azir (one of my characters) would probably (not fit for public post) and walk away. Then again, that’d be like the real fairy tale… But we need a “Public Domain” that includes stuff relative to our lifetime. And companies need to risk $ on NEW ideas, hire NEW writers.
So I’m going to be supporting and gearing up for a big Copyright fight coming in a few years. The outline will hopefully be an article I’ll include in a non-fiction book in the future.
Hey, I like Disney - as it was in the 50s/60s. Someday want to go to Disneyland (if I’m not banned for my activism) and visit the Enchanted Tiki lounge and get an authentic Dole whip… And I’m for them selling their products forever and making money off of them. Well I hate what they did to Star Wars, but I simply do NOT buy Star Wars products anymore. And I don’t “Steal” them, don’t worry, nor will I advocate it. Simply put I’ll buy used, nothing beyond Expanded Universe/Clone wars - so no $ to Disney that way.
If Disney does try to sneak in another extension there will be a huge fight this time.
And there are a lot of precedents that will help fight them. I’ve already set aside some examples and plans, but won’t tell about those.
So I’ll use one that’s been in the news and I bet made their lawyers sh-t bricks: Sherlock Holmes. The “Heirs” got their arses handed to them legally in court recently. Same thing, late Penny Dreadful era character they want to keep ownership to in perpetuity abusing “Trademark”. Got taken to court by people not feeling like throwing them money. And they lost big time with a precedent. Other characters, like the original Buck Rogers and Fu-Manchu will soon follow.
It’s widely agreed on that if the internet existed in the late 90s as it did today the Bono/Disney thing would not have passed. By the time 2024 rolls around there will be strong precedent and massive public outrage that would follow any official the rest of their lives with no privacy anymore. Also charges of bribery filed by political rivals to get votes. Unless their dream is to retire to a tiny apartment in Disneyland/Disney world and walk around in costume as a non-actively working mascot its not certain even Disney can dump enough money to overcome it this time.
My idea - for a sane compromise is for them to use “Trademark” not as a stick to try to extort CopyRight to perpetuity but to -as intended- preserve brand recognition. Something they are kind of doing, but too overblown - I read the fine print on a “Disney Fairies” calendar - Tinkerbell and extended stuff - and it seemed they’d sue a teenage girl for cutting out the pages/figures and sticking them on her locker - even if she didn’t “Re-Sell” or copy them.
I think Disney was really horrible over their legal attack on a classic underground comic - “Air Pirates Funnies” which should have been covered by parody. They should ALLOW such garbage - even if they hate it - also people selling blatant parody t-shirts, etc.
But - they could trademark “Authentic Disney Product” and use that to make sure parents know they are buying a Mickey Mouse product, not a XXX scat gore bizzaro parody meant to trick them for Lulz… Then encourage “Parody use of Disney Character” label on product using such sources, at least for things with covers that might confuse people. Re-Publish AirPirates Funnies, make sequels even far more horrible - but logo on the front warning parody/non authentic coz really you want a parent to buy it and kids get scarred for life seeing Mickey killing Minnie and (bleep) in her Jack the Ripper removed (bleep)? Uh, that's for -chan boards, people...not a book printed and in the bookstore.
That’d be a sane compromise and just as in Japan the amount a product gets 'parody' argues how socially relevant it is.
