this post was submitted on 19 Dec 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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Tolkien Estate? What's that? People profiting off of the work of an author who has been dead for 50 years?
Copyright law is fucked up.
I dunno, if I build a house, I can leave it to my family for generations. Indeed, barring something interfering with that ownership, it will be passed along. Maybe they'll sell it, or take out a loan against it and default, or a disaster could strike, or whatever.
Why would any other creation be less portable to my heirs?
Mind you, I'm definitely of the belief that artistic creations like books should eventually go public domain. I'm fine with any number of possible restrictions on that duration. But it is strange that one of the only things that automatically gets removed from a family are things like writing. Ideas, if you want to break it down. We treat them different than other things we create.
Again, I'm fine with there's being limits on holding ideas restricted. That's necessary to prevent loss of such things, that are harder to preserve than something like a piece of jewelry, or a statue, or a house. That's why patents and copyrights need to expire, but I can't agree that the limits as they exist are fucked up/bad/wrong.
Seriously, I'm a published author, I've spent a lot of time thinking about such things.
Now, I would love to see the laws change so that any copyright held by a publicly traded company, or that has been sold/abandoned by the actual heirs of the author is shorter than when held by the heirs of the author.
And, any popular work is going to have the issue of who gets to decide what is and isn't done to the works before or after public domain. You can end up with something wonderful being shat on by asshats. So it isn't like copyrights expiring is without drawbacks. When what's at stake is only keeping the works published and available, that's a clear cut thing that benefits everyone.
But adaptations, expansions, "fanfic"? I would definitely prefer someone that at least has some chance of the author's intent being known than some shitty company looking to milk the work for every possible dime.
Why shouldn't authors be able to build generational wealth the way a business can? You're talking about people profiting off a dead man, but that's what investments and properties and such are. It's future generations profiting off a dead person's work. There's billionaires out there that are sitting on wealth that was amassed not just decades ago, but sometimes centuries. Why do authors not have that possibility?
Shouldn't you be paying the people who built your house royalties then?