You seem to be assuming that derivative work doesn't require hard work of its own. I tried to make the point that this game is itself a derivative of other things, without which it couldn't exist.
Even if you did do that: why would anyone buy it in lieu of the original?
> I tried to make the point that this game is itself a derivative of other things, without which it couldn't exist.
Being a derivative in the sense of borrowing game mechanics [1] or drawing influence [2] isn't nearly the same as copying (or deriving from) the content. Many artists put hard work into developing their content, and it cannot be right to say "Hmm, that's popular, I should use it to market my product" without getting proper licensing. Even if it happens to be a corporation in ownership of the content.
I do agree that there might be some benefits to copyright reform, especially relating to culture and literary value. The latter part of your article hints at some interesting alternatives, but I not sure I believe them to be 'absolutely' better.
Almost NO ARTIST in the history of EVER has EVER DRAWN an original image. They always draw depictions of things you can see in real life. Picasso did it in a very original style, for example, but he still drew THINGS HE SAW. By your logic, if I put a bottle of wine next to a pear and some cheese and draw them, I should pay the wine producer, the pear grower, the glass blower, the cheese maker, the table maker, the cloth weaver, etc. etc. etc.
Why should drawing an artistic illustration of a block of cheese be different from drawing a videogame character? Both had substantial investment in their appearance. Both have a primary function different from being simple pictures. I am not copying a picture, I am making an illustration of something I saw in real life.
"Even if you did do that: why would anyone buy it in lieu of the original?"
Because of market confusion. I would generate sales from people who didn't realize they were not buying the original. This happens right now but it would be much worse if we removed all the controls.
"You seem to be assuming that derivative work doesn't require hard work of its own. I tried to make the point that this game is itself a derivative of other things, without which it couldn't exist."
I didn't say that at all. Honestly that seems irrelevant. It also requires hard work to plan and successfully rob a bank.
Please don't equivocate between trademark and copyright law—it muddles the waters and degrades the discussion. The original article and its points were all about copyright law. Releasing a game called "undertale" is a trademark law question.
swhipple|10 years ago
Being a derivative in the sense of borrowing game mechanics [1] or drawing influence [2] isn't nearly the same as copying (or deriving from) the content. Many artists put hard work into developing their content, and it cannot be right to say "Hmm, that's popular, I should use it to market my product" without getting proper licensing. Even if it happens to be a corporation in ownership of the content.
I do agree that there might be some benefits to copyright reform, especially relating to culture and literary value. The latter part of your article hints at some interesting alternatives, but I not sure I believe them to be 'absolutely' better.
[1] http://www.copyright.gov/fls/fl108.html
[2] Copyright is only applicable to fixed expression.
anon4|10 years ago
Why should drawing an artistic illustration of a block of cheese be different from drawing a videogame character? Both had substantial investment in their appearance. Both have a primary function different from being simple pictures. I am not copying a picture, I am making an illustration of something I saw in real life.
pfisch|10 years ago
Because of market confusion. I would generate sales from people who didn't realize they were not buying the original. This happens right now but it would be much worse if we removed all the controls.
"You seem to be assuming that derivative work doesn't require hard work of its own. I tried to make the point that this game is itself a derivative of other things, without which it couldn't exist."
I didn't say that at all. Honestly that seems irrelevant. It also requires hard work to plan and successfully rob a bank.
TheDong|10 years ago
Eevee is not arguing for removing all the controls; there's not a word about removing trademark law
nightpool|10 years ago