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Originally posted by Pax:
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Originally posted by PvK:
It's yet another power grab by corporations motivated entirely by greed, and an attack on freedom of expression, in my opinion.
As long as you aren't selling, it shouldn't be illegal. If that's not the law, then the law should be unconstitutional.
PvK
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Lack of monetary compensation cannot become a defense. I know of people who would copy someone else's work and hand the copies out for free, solely because they can ... thus denying the copyright holder their rightful income from the production and distribution of that work.
That is the very sort of thing copyright law is supposed to address.
While I do disagree with the indefinite extension of copyright, I also cannot agree with "no profit, no foul" fallacies.
Ok, but that's not what I meant. I didn't mean you could replace my word "it" with "piracy" or "nuclear holocaust" - I was just talking about fan art. If someone wants to draw a picture of Spock and not make any money off it, I say that should be allowed, and I have zero sympathy for any imaginary damage done to Paramount Pictures Inc.. Nor should they be required to mount such attacks in order to preserve their rights.
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That is not a matter of a power grab (the letter from Marvel, below) ... it's a matter of law: if marvel DOESN'T actively and aggressively protect it's trademarks and associated intellectual property, they lose them. Marvel exists to profit form selling stories and other products based on that intellectual property.
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Well, in my opinion, even though you may be correct about the current legal situation, in my opinion, that's ridiculous. Fan art should not invalidate copyrights.
"Marvel exists to profit..." yeah well, I certainly don't feel much concern for the continued existence, let alone support, of organizations which "exist to profit". You do?
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Take the recent X-Men films; if copies and derivations (etc) could be made and distributed for free and without penalty by persons OTHER than those who made the films and/or own rights to the intellectual properties with which the films were told, then, the films would never have been made.
MOST films owuldn't get made, nor would most books be published. It's a business, and it's about profit. Just like the inventor of a new machine should profit from his or her creation, the creator of a new piece of intellectual property should be able to do likewise.
Put it in perspective WRT SE4: if anyone were allowed to hand out copies of SE4, without Aaron seeing a penny, and with him unable to seek any sort of legal intervention ...
... then SE would probably never have happened, let alone be onthe FOURTH Version. The man has to put food on his table, after all.
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Well again, you're talking about piracy, not fan art. I think there's a huge difference.
It may be true too that you're discussing practical legal reality under the current system, whereas I'm arguing what I think should ideally the the case.
PvK