Given that they and Germany also spearheaded Article 13/17, the Berne Convention and its unamendable author-suck-up-ery, and in France's case, the paying public domain concept that still gets used in Africa and South America...
I imagine the investors may object to nudes, too, so... frankly, the value will invariably crash. I'll be around for the inevitable follow-up articles.
I am curious how this would have worked out, though. Justice Souter retired at that time, satisfied that there would not have been two vacancies at once. In addition, Justice Stevens retired in 2010, so we'd be looking at three vacancies filled within the span of 2 years. Not unmanageable, given that Richard Nixon's four-justice ensemble was installed within 3 years, but I can only wonder about what could have been.
Justice Breyer, to my knowledge, does not have the same health issues and opposing party politics that respectively preceded and succeeded the Ginsburg vacancy. As such, given his personality and statements in interviews saying that he plans to retire rather than die in office, I think he'll know when to stop.
Truth be told, I was very happy to see the outcome of this case. For all the people calling for Justice Breyer to retire, cases like these are why I'd rather wait until he feels he's done.
Perhaps this may be a bit too extreme for some, and I admittedly do not 100% believe this, but I'm led to believe that perhaps the reason why the media and Big Tech are so left-wing is because the right-wing mindset is, whether intentionally or not, inherently built on lies, hatred, and general dickery. Perhaps it is not surprising that things like the January 6 Capitol storming was a led by far-right groups.
This honestly reminds me too much of the 2012 Lorax film, where the city the characters live in is run by a corporation that sells air to its residents, in lieu of actual trees providing air. Making things worse is the proposal to sell bottled air, which would lead to even more pollution and thus more money given to them.
Given Disney's lobbying for the MMPA, I can't help but feel that in both cases, the government is being used as a puppet to put stuff that should and could easily be free behind an arbitrary paywall.
Honestly, I think Let's Plays are in a freedom of panorama-esque state where, yes, they are derivative works, but their very nature means that the derivative work cannot be a substitute for the real thing. You won't get a full sculpture off of a picture of a sculpture, nor will you get the feeling of playing a game by watching someone else play it. But of course, let's get on Alexandria Ocasio-Cortez's case for streaming a game of Among Us, despite these sorts of videos being free advertising at worst. I'm sure the copyright maximalist policy will reinforce positive PR the same way a banana peel on the floor will make it safer to walk. Oh, well, I guess 2nd millenium-minded copyright law has never had to think about video games as a unique form of work requiring major rethinking of our laws.
I think the Supreme Court, in times where they only have 8 members, try to review fewer cases in hopes that they don't deadlock on anything controversial.
I imagine others have asked this before, but is it even possible to repeal VARA, given that its provisions are mandated by the Berne Convention?
Ets-Hokin v. Skyy Spirits Inc. (9th Cir. 2000) - upon determining that derivative works must be based on copyrightable works, and that neither the bottle nor label were copyrightable, we get this:
We need not, however, decide whether the label is copyrightable because Ets-Hokin's product shots are based on the bottle as a whole, not on the label. The whole point of the shots was to capture the bottle in its entirety. The defendants have cited no case holding that a bottle of this nature may be copyrightable, and we are aware of none. Indeed, Skyy's position that photographs of everyday, functional, noncopyrightable objects are subject to analysis as derivative works would deprive both amateur and commercial photographers of their legitimate expectations of copyright protection. Because Ets-Hokin's product shots are shots of the bottle as a whole-a useful article not subject to copyright protection-and not shots merely, or even mainly, of its label, we hold that the bottle does not qualify as a "preexisting work" within the meaning of the Copyright Act. As such, the photos Ets-Hokin took of the bottle cannot be derivative works.
Further weakening defendant-appellees argument is the fact that the ZX-14 motorcycles were the subject matter and primary focus of Latimer's photographs. Latimer's photographs can best be described as being "based upon" the ZX-14 motorcycles, useful articles not subject to copyright protection. The fact that Hathaway's artwork appears in the photographs is merely incidental. However, we need not resolve the derivative work question if the photographs were made with Hathaway's authorization.
Based on this, I'd hesitate to say that you can't reproduce the likeness of a person on copyright grounds. Personality rights, sure, but a photograph or accurate reproduction of a person shouldn't be prohibited just because you got a tattoo in the mix. See also "The Background", a 1912 story by Saki about a man's troubled life as a living work of art.
I find this whole thing ridiculous. Having viewed or reviewed all relevant files, statutes, and case law, the film is definitely not lewd within the terms of the law, and I don't find behind-the-scenes conjecture compelling without any solid proof of wrongdoing. It's the same sort of vigilante hysteria, I think, that occurred back in the 1980s with the day care centers. I'm not saying that the film is recommended by any means; I'd be less upset on literary critiquing grounds if the main character actually learned something or at least received some comeuppance for her actions (mainly shoving another person into a river and leaving her there as she struggles). But that's not a legal reason to prohibit the film so much as "I don't like it" (unless you're a medieval king/emperor or something). Compare the outrage over Kodomo no Jikan back in 2007, which I think was also blown out of proportion (though that merely led to a canceled US release as opposed to legal action).
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Way to go, Bethesda!
Nice to hear how they hired these people. Reminds me of Sonic Mania, which was made by people who had experience working in a fanwork capacity.
Re:
If anything, copyright for buildings is ridiculous. Why not just use patent law?
Re: Re: Re:
Given that they and Germany also spearheaded Article 13/17, the Berne Convention and its unamendable author-suck-up-ery, and in France's case, the paying public domain concept that still gets used in Africa and South America...
France is cool nonetheless.
Re: Re: Term of copyright
Either way, that year can't come soon enough.
EverythingButFans
I imagine the investors may object to nudes, too, so... frankly, the value will invariably crash. I'll be around for the inevitable follow-up articles.
(untitled comment)
Re: Preemption
Not if the Tenth Amendment has anything to say about that, some may say.
Re: Re: Re: Re: "Ah, victory"
I am curious how this would have worked out, though. Justice Souter retired at that time, satisfied that there would not have been two vacancies at once. In addition, Justice Stevens retired in 2010, so we'd be looking at three vacancies filled within the span of 2 years. Not unmanageable, given that Richard Nixon's four-justice ensemble was installed within 3 years, but I can only wonder about what could have been.
Re: Re: "Ah, victory"
Justice Breyer, to my knowledge, does not have the same health issues and opposing party politics that respectively preceded and succeeded the Ginsburg vacancy. As such, given his personality and statements in interviews saying that he plans to retire rather than die in office, I think he'll know when to stop.
"Ah, victory"
Truth be told, I was very happy to see the outcome of this case. For all the people calling for Justice Breyer to retire, cases like these are why I'd rather wait until he feels he's done.
The real issue here...
Perhaps this may be a bit too extreme for some, and I admittedly do not 100% believe this, but I'm led to believe that perhaps the reason why the media and Big Tech are so left-wing is because the right-wing mindset is, whether intentionally or not, inherently built on lies, hatred, and general dickery. Perhaps it is not surprising that things like the January 6 Capitol storming was a led by far-right groups.
If you want a right-wing perspective on this issue, though: https://www.theblaze.com/amp/federal-judge-attacks-scotus-precedent-protecting-left-wing-press-26511 44562
Re:
They create drafts, give them to each other, and keep editing from there.
Re: air helmets
This honestly reminds me too much of the 2012 Lorax film, where the city the characters live in is run by a corporation that sells air to its residents, in lieu of actual trees providing air. Making things worse is the proposal to sell bottled air, which would lead to even more pollution and thus more money given to them.
Given Disney's lobbying for the MMPA, I can't help but feel that in both cases, the government is being used as a puppet to put stuff that should and could easily be free behind an arbitrary paywall.
Re: AH 2. After reading "Moby", new account "Brainulator9"
I promise, I'm my own guy. This is my only profile here.
Re: Re: Two notes
Just saw this. I think the problem with that is that doing so would result in the US being punished by the World Trade Organization.
Let's Plays as an exception to copyright
Honestly, I think Let's Plays are in a freedom of panorama-esque state where, yes, they are derivative works, but their very nature means that the derivative work cannot be a substitute for the real thing. You won't get a full sculpture off of a picture of a sculpture, nor will you get the feeling of playing a game by watching someone else play it. But of course, let's get on Alexandria Ocasio-Cortez's case for streaming a game of Among Us, despite these sorts of videos being free advertising at worst. I'm sure the copyright maximalist policy will reinforce positive PR the same way a banana peel on the floor will make it safer to walk. Oh, well, I guess 2nd millenium-minded copyright law has never had to think about video games as a unique form of work requiring major rethinking of our laws.
Two notes
Re: Re: It ain't lewd, you just misunderstood
The title was honestly meant as a joke, don't take it too seriously. :-P
Relevant texts
Ets-Hokin v. Skyy Spirits Inc. (9th Cir. 2000) - upon determining that derivative works must be based on copyrightable works, and that neither the bottle nor label were copyrightable, we get this:
Latimer v. Roaring Toyz (11th Cir. 2010):
Based on this, I'd hesitate to say that you can't reproduce the likeness of a person on copyright grounds. Personality rights, sure, but a photograph or accurate reproduction of a person shouldn't be prohibited just because you got a tattoo in the mix. See also "The Background", a 1912 story by Saki about a man's troubled life as a living work of art.
It ain't lewd, you just misunderstood
I find this whole thing ridiculous. Having viewed or reviewed all relevant files, statutes, and case law, the film is definitely not lewd within the terms of the law, and I don't find behind-the-scenes conjecture compelling without any solid proof of wrongdoing. It's the same sort of vigilante hysteria, I think, that occurred back in the 1980s with the day care centers. I'm not saying that the film is recommended by any means; I'd be less upset on literary critiquing grounds if the main character actually learned something or at least received some comeuppance for her actions (mainly shoving another person into a river and leaving her there as she struggles). But that's not a legal reason to prohibit the film so much as "I don't like it" (unless you're a medieval king/emperor or something). Compare the outrage over Kodomo no Jikan back in 2007, which I think was also blown out of proportion (though that merely led to a canceled US release as opposed to legal action).
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