this post was submitted on 03 Sep 2024
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Asklemmy
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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.
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.
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”.