Without copyright, the Hollywood plagiarism and "ownership of thoughts" industry falls apart, and fans no longer need to worry as much about such things as the machine that fuels copyright withers and dies. Then everyone can make real art based on whatever they want. Plagiarism is only considered a big deal because of the dollar implications behind it and the pressures to get more dollars thanks to the copyright system. Otherwise it'd just be seen as a dick move that's easily debunked, just like if I were to say that I wrote Star Wars. As I said, I'm fine with people saying "I did this first," but others who do it different or better should be allowed to do so without being molested.
There are enough similarities between Star Wars and Dune that Frank Herbert considered suing George Lucas.
Fast-forward and you get hordes of Star Wars fans claiming FH plagiarized Star Wars. Apparently math is hard for these people, as they think that someone who wrote and published a book in 1965 could plagiarize a movie that didn't come out until 1977.
It is a private property issue. What do people own and control? Do I own my face or its image? At what point does anything "personal" become public information?
Out of curiosity, I did a Google image search for myself. There were more hits than I thought there would be for my name, but it's reassuring to see that not one image is of
me.
You and I aren't talking about the same people. Many authors don't earn millions. In fact, generally-speaking, the famous authors a lot of us know, make their money from TV or film tie-ins, merchandising, that kind of thing.
I'm trying to break down the fact that nobody "owns" a thought, this therefore means it can't be stolen. The article you provided really seems to hinge on the analogy of selling a piece of art as a commission, and being owed money for making art in the first place. But these don't seem like comparable examples, because plenty of people make art for free. The requirement for commissions in the first place stems from capitalism. It doesn't stem from the idea of copyrighting their art so they can ensure only they can sell it for a million pounds or whatever (backed up by, well, most of the history of art, where many artists were and are, in fact, dirt poor).
The fact that abuse happens, doesn't mean that therefore nobody owns anything. Writing of course borrows from uncredited (and at times, explicitly credited) historical references and other cultural artifacts. But that's not the same as plagiarism. The argument against copyright in this instance goes too far, and it harms actual creatives. Not people looking to make a quick buck.
Of course there aren't that many millionaire authors. Isaac Asimov's actual jobs while he wrote science fiction and science articles on the side included a stint in the army (drafted fairly close to the end of WWII) and many years of teaching chemistry at a university. I don't remember offhand how many years he waited before deciding that he had a sufficiently steady income from writing that he dared quit his teaching job to write full-time.
Contrast that to J.K. Rowling, who wrote a book that became popular. But the real money was in the movies and licensing everything from wands to action figures to Harry Potter toilet paper.
Art commissions... I've done a few, in 3-D needlepoint. The client explained what she wanted, the colors, trims, size... and I created the patterns I used. I've never published those patterns, never submitted them to any of the craft magazines, and the projects are detailed enough that most crafters would consider it too much work to reverse-engineer it to create their own patterns. And for the complex stuff, it's one thing to figure out the flat part of the pattern. It's another thing to figure out how to sew it together. As mentioned previously, I don't take the short cut that involves gluing something together. I actually figure out how to sew it together. This could end up requiring the use of curved needles, carpet needles, and pliers. But when it's finished, it's all
sewn. No glue required.
It was a bit surreal and funny one day, when my grandmother's friend came over for coffee. She had a coaster with her, and said it was so pretty, and maybe I'd like to copy the pattern and sell it at the craft fairs?
I took one look at it and started to laugh. I told her I didn't need to copy the pattern - I'd made this coaster myself. I knew it wasn't someone else's copy of the set I'd sold a few months previously, as there's a technique I use on the reverse side that other people don't. That means I can always tell my work from other peoples'.
Plagiarism and historical references is only meaningful in the sense that reference works or previously copyrighted historical fiction can be plagiarized. You can copyright a book about WWII, but you can't copyright the war itself.
Non-copyrighted art. Art that isn't restricted by copyright in any way. If you're asking the philosophical question "what is art?", then I have no answer, as all art is subjective.
There's been a lot of talk in recent years about cultural appropriation of Native American art, and that non-Native people shouldn't be allowed to create this art without permission.
Sorry, but I'm not going to track down whoever "owns" the various Navajo patterns I've used in some of my projects. If they want to go after someone, go after whoever submitted it to the needlepoint pattern books I used.
On the other hand, I've no intention of copying the patterns used in Inuit art, West Coast art, or whatever else. The fallout isn't worth it, and there are some indigenous groups who accuse other indigenous groups of stealing/copying patterns and designs.
Mind you, some of these people proudly showed off the plagiarized "artwork" they did that incorporates Baby Yoda. I guess cultural appropriation is a one-way street.
The video is a short song that's less than two minutes. Probably shorter than what you did to look up and read things lol
What's blowing my mind right now is the idea that somehow, if someone is able to write a better Harry Potter and sell their story to fans unmolested by copyright, that it's copyright that protects them when it aborts the project entirely by its sheer existence. At what point do copyright owners "own the idea" about magical schools in Scotland? How about magical schools? How about characters named Harry Potter but in a scifi world?
Any IP law kills any creative's actual intent, regardless of an effort to sell it or not.
Ursula K. LeGuin wasn't pleased that J.K. Rowling has never acknowledged that there are some aspects of Harry Potter that she did not invent - LeGuin did.
It's not unusual to see a disclaimer on a HP fanfic that goes something like this: "I don't own Harry Potter; if I did, Sirius Black wouldn't be dead." Some fanfic authors use disclaimers that basically says that whatever was invented/belongs to Rowling belongs to her, but the author asserts ownership of their own original characters, settings, and concepts they might have invented for that story.
Kinda like the disclaimer I'd be using when I finally get King's Heir finished, edited, and posted (might take another 5 years at the rate I'm going): The game's copyright is owned by Artifex Mundi/Cordelia, but the character of Lady Lyssia Ulmer belongs to me (I created her to offset the game's "Bonanza Syndrome" problem of not enough women). I can't claim to have originated the characters of the King and the Duke of Ulmer, but I created their first names. By this point I've created two new kingdoms and a few dozen new characters.
Not that I'm too worried about the actual game devs making a fuss; they've had 5 years to do a sequel and left themselves plenty of plot hooks. Since they never bothered and I want more of the story, the only way to get it is to do it myself. As long as I don't try to claim I invented the whole thing, there shouldn't be a problem. Nobody's accused me of plagiarism so far on the gaming forums where I've mentioned this project (of course I've been careful to mention that I am NOT claiming to be the copyright holder and do not intend to make any profit on this).
Genuinely not true. I can cite dozens of 100% free, 100% community-driven projects based on copyrighted works that were C&D'd (Cease and Desist) because the copyright holder didn't want it to somehow be a challenge to the copyright.
But wait, am I saying that a fanwork that is not even sold can challenge copyright?
Oh yes.
You see, the wicked serpent that is copyright operates by forcing you to defend it. Without enough vigorous defense of "your" idea, then others might be allowed to carve niches where they can sell derivatives featuring your characters so long as the media is different enough.
This means that people can't even make fan projects for free without the copyright holder needing to stop them, lest their "ownership" over the idea weakens even slightly.
This is why the Paramount suits swooped in to raid the dealer's room at the convention and confiscate all those Star Trek fanzines. It never occurred to them that fanzines aren't the same as novels, and that only a relative few copies of each title existed. It's not as though someone writing about Spock and Zarabeth or yet another story about how Sarek and Amanda met will make someone abandon professionally-written Trek in favor of the fan-produced stories. But this is something that Hollywood suits don't understand.
From the pov of putting on my archaeologist/librarian's hat, what they did that day was a travesty. Of course those fanzines would have been destroyed, and some of them may have been the only copies in existence of particular titles.
You also can’t make a song and legally say you are some specific artist and then collect the streaming revenue. But you can make your own. And you can make your own money.
Some fans complain about the fact that in TOS and TNG, the only music and drama anyone on the Enterprise listens to or performs are old Earth pieces, or Shakespeare. They wonder why there's nothing more contemporary, or why doesn't the show make up something from the 22nd century, for example.
The issue is copyright. Shakespeare is in the public domain, so it costs nothing but costumes and props to perform it. Ditto a lot of the older music the show used. I giggle every time someone praises the music in the TNG episode "The Inner Light". That tune Picard plays on his flute is an obvious ripoff of "The Skye Boat Song". Lucky for the showrunners, that song is in the public domain.
Everything is derivative. Why doesn't the inventor of musical scales get royalties? Or instruments? Why allow anything to even be in the public domain, and not allow everything and anything to be copyrightable since that's apparently the only driver of innovation? The idea that money is the reward for making a good song, or a blight-resistant potato, or a cure for cancer, and not that the realization of these things into being as the true reward, will always lead to more and more copyright and pain than anything good, because as I've said, it's easier to just start copyrighting everything you can and charging license fees rather than actually making anything new.
Good luck tracking down the inventor of musical scales. The standard ones we use nowadays aren't the same that were used in the past, or even in other regions of the world.