Do you understand what work for hire means? Sit down and shut up until you do.So then what's the deal with work for hire = the guy actually doing the work gets no rights at all most of the time?!
Yeah, it means unless your daddy knows some lawyers and lies about your age you'll die poor and not even get your name on the comics of the character you created (until you get major public support, if you're lucky).Do you understand what work for hire means? Sit down and shut up until you do.
Usually the contract stipulates that they will not be gaining the copyright to the work. They know in advance what they're signing up for and have the opportunity to decline. For some artists, that's how they get their foot in the door. I'm not saying it's optimal, but it's not some kind of underhanded scheme.So then what's the deal with work for hire = the guy actually doing the work gets no rights at all most of the time?!
Bingo!Usually the contract stipulates that they will not be gaining the copyright to the work. They know in advance what they're signing up for and have the opportunity to decline. For some artists, that's how they get their foot in the door. I'm not saying it's optimal, but it's not some kind of underhanded scheme.
If I hire you to build me a house, are you going to expect me to let you live in it?Yeah, it means unless your daddy knows some lawyers and lies about your age you'll die poor and not even get your name on the comics of the character you created (until you get major public support, if you're lucky).
Sometimes I wonder...If I hire you to build me a house, are you going to expect me to let you live in it?
You didn't read the article in the link did you?When you open your mouth, your ignorance shows. Just sayin'.
I'm pretty sure that if i design the house i can use the design again as many times as i want... and please stop comparing them to a physical object, they're not one...If I hire you to build me a house, are you going to expect me to let you live in it?
Of course I read the article. That court case has been going on for ages.You didn't read the article in the link did you?
BTW: http://en.wikipedia.org/wiki/Authors'_rights (siegel and shuster would never have needed to sue is you guys had them too)
You do know that Siegel and Shuster only got the money and the "created by" thing because of public pressure, as they didn't really have much of a case, right.What's interesting about it is that it's actually the exact opposite of what your problem is.
Care to guess after who the first copyright law was named?their odd copyright laws
I buy stuff...@li3n out of curiosity, what do you do for a living?
I did read that but not sure on the law on Art vs industrial. I know it wasn't directed at my, my post was response on "work for hire" which tend to get muddy.Of course I read the article. That court case has been going on for ages.
What's interesting about it is that it's actually the exact opposite of what your problem is.
The creator of the helmet has convinced the courts in the UK that his design is NOT art (ie, not a creation of his mind protected under their odd copyright laws) and is NOT protected by the copyrights that he assigned to Lucas Films as part of his contract.
He contended that it's an industrial, not creative, design.
In other words, the fact that you seemingly read the article, and are now ranting about copyright and author's rights, and comparing the two as though this guy dealt a blow to the creators vs corporate regime simply shows that you really have absolutely no clue what in the world you're talking about.
Your continued indignation is grossly misplaced.
Well you have to understand that the OPs article discusses a specific case in the UK, and they have an interesting take on copyright - if the work is not of an artistic nature (ie, it's a functional design with little to no aesthetic) then it's not covered under copyright. It may be patentable - and in fact this little difference is one of the things that separates what can be patented and what can be copyrighted.I did read that but not sure on the law on Art vs industrial. I know it wasn't directed at my, my post was response on "work for hire" which tend to get muddy.
So. If it is Public Domain then anyone can make it and sold in UK without reprisal? (If I understand this correctly)Not quite Steinman, Industrial designs are covered by copyright - but only for 15 years extendable to 25 upon maintenance fees being paid. But yeah this doesn't affect work for hire or the rights of creators over the companies they work for. Lucas Film did own the copyright to Stormtrooper armour but it passed into Public Domain (in the UK) in 1992 at the earliest, 2002 at the latest.
Dude, the 1st rule is that there's nothing new unless you're antediluvian (and thus long dead)...I guess I'm missing your point then. You started this thread as though you thought the artists should have rights to their works even after they've legally assigned all economic and other rights to others, yet you are now reporting all the cases that show that the rights are transferrable, and the only times where the cases have gone to the creators is when the contract was inadequate to complete the transfer.
So... uh... yeah? I guess? If the person to whom you assign your rights deosn't use a good lawyer, then you might be able to sue them later for something that you originally gave them and were paid for already.
Those cases do nothing in the war between creative artists and the corporation complex - they are anomolies within the court system, and little to do with copyright as a whole.
All it shows is that
1) Sometimes artists make stupid mistakes giving up their rights to spectacular successes
2) Sometimes studios/corporations/publishers make stupid mistakes in their contracts
3) Sometimes even after an artist completely gives up their rights, they change their mind and decide that they deserve a piece of that sweet pie they sold the ingredients to long, long ago
4) Sometimes corporations take advantage of artists in completely legal, though morally reprehensible ways because they understand the legal system better than the artists
So.
Anything new?
I think this is where you and I differ. Creative people in Germany are RESTRICTED. They do NOT have the freedom to fully sell their idea/concept/art. In other words, artists have LESS freedom there to do with their works according to their whims.i was for a more balanced approach to selling off copyright... like in Germany where ...you can never give up your copyright, or French law where if you sell a painting by a living artist you pay him a certain %
Either that or shut up about how creative people suffer without copyright... they suffer with it just fine...
This is what I was thinking. Contracts CAN be customize and can change during negotiation prior to signing. I guess one of the options would be instead of getting paid via a fee, you may get royalties instead (percentage or whatever you call it) if you think it will be a success, but if it bombed then you get nothing.I do work for hire writing for the RPG industry. The contracts stipulate that I do not retain rights to the creative work that I do. However, I do get paid for my work, regardless of whether the project is ultimately a success or failure. When you freelance, that's usually the only game in town. Now, there have been projects where I do get royalties on the work, and that was also dictated in the contract I signed before I started working.
The bottom line is, when you do work for hire, there is no expectation that you'll retain the rights to what you do, and usually the contract will explicitly say who retains the intellectual property rights - for example, the 21,000 words I did for "Paths of Power" from 4 Winds Fantasy Gaming are considered their intellectual property. That was in the contract and I signed that knowingly.
You have some very interesting ideas about freedom and restriction there... I take it you're for legalizing prostitution, right?I think this is where you and I differ. Creative people in Germany are RESTRICTED. They do NOT have the freedom to fully sell their idea/concept/art. In other words, artists have LESS freedom there to do with their works according to their whims.
What is so sacred about an idea or a work of art that gives it special status such that you think it should never be fully sold - that the original creator should always retain some rights to it?
Keep in mind that in the current US system - which provides more freedom to the artist - the artist is still able to sign contracts that give them the same residual copyrights that they would naturally have in Germany or France.
So what is balanced about that? As far as I can tell it actually takes options away from artists. At best it protects new and stupid artists from themselves, but that shouldn't be the job of copyright, especially when it restricts artists who know what they're doing.
As far as creative people suffering with or without copyright - wat? Artists hold the copyright. Period. Until they choose to sell it. I don't get your objections. The nice thing about the US system is that you don't have to register your copyright (unlike many European countries) - you naturally own it once you create your work. You own it fully and completely. You can do with it as you please.
The same thing that makes it worth something even if it can be replicated by anyone ad infinitum (while if a physical good could be replicated like that it's value would plummet).What is so sacred about an idea or a work of art that gives it special status such that you think it should never be fully sold - that the original creator should always retain some rights to it?
Pretty sure most european countries are part of teh Berne Convention, which as i recall also has the not having to register it clause...The nice thing about the US system is that you don't have to register your copyright (unlike many European countries)
You're right, nothing forces them to do anything, they can always just starve to death... just like slaves were totally free to not do anything and be beaten to death...How, exactly, do artists suffer under the current copyright system? This baffle me. Are people stealing their copyright without them giving permission? The cases you remark on show either a flaw in the contract, or, as you say, public pressure. The artists involved gave their copyright up, then argued that they didn't really mean to do so, it just sorta happened. I guess? But the reality is that they freely sold their work, and they only cared about the copyright once it became financially advantageous to do so.
Good read. The internet age really level the playing field now.
No, i really want to know if you're for legal prostitution...because if you're not you're a hypocrite...You are merely proving my point. Thanks.
Right, but it's just starting out... what i want to see is what happens in the next 50 years with it...
I completely agree. It's at this point where we have to discuss whether certain rights are inalienable, similar to the right to life, the pursuit of happiness, and cheap cheeseburgers. Further we have to discuss what is good for society, and trying to balance the needs of the community against the needs of the artist. Lastly, we probably could not help but delve into the difference between a human and a corporation, and whether corporations can own creations.i can't really argue with your philosophy without turning the thread into a debate about morals
I think in 50 years (or when technology changes) John will STILL own his own work. Amazon is just a distribution center (virtual one in this case) and they get 65% of the price to house and distribute.Right, but it's just starting out... what i want to see is what happens in the next 50 years with it...
true, but with word of mouth, facebook, twitter or viral marketing, a bunch of no-names, got recognition that way.The hardest part is, of course, getting the 350,000 downloads if you have no publicity, like, say a major publisher pushing you on their distributors.
That's my plan!yup..the blog post really inspired me...when I finish my novel (100 pages to go for the final rewrite!), I intend on putting it on amazon rather than chasing for a traditional publisher for a couple of years.
At the same time publishers usually can act as a gauge to see how good or crappy your work is. But it is pretty ridiculous how hard it is to get them to sit down and read your book.Exactly. I don't think anyone would claim that grass-roots online/niche networking will necessarily do a better job than the traditional way, but they have allowed the regular joe without connections/money to close the marketing gap considerably at far less cost. That is a huge plus.
You can still hire an editor.I think in 50 years (or when technology changes) John will STILL own his own work. Amazon is just a distribution center (virtual one in this case) and they get 65% of the price to house and distribute.
I think that is heck of a deal since ALL the work is on the Author. That is, writing, editing, format, and finalizing the work. There is no publisher to proof read or editor looking over. You do ALL the work from start to finish and send to Amazon, and they will host and sell it for you and keep 65% of the proceeds. The intellectual rights are all yours. 350,000 download at 99cent each. Amazon take home $227,500 and John takes home $122,500 and keeps all the rights.
They don't give a shit about you; they'll give a shit about your agent.At the same time publishers usually can act as a gauge to see how good or crappy your work is. But it is pretty ridiculous how hard it is to get them to sit down and read your book.
From Wikipedia:And, on the other hand, Eragon started out as a self-published book.
In 2002, Eragon was published by Paolini International LLC, Paolini's parents' company
Too bad it sucks.*http://en.wikipedia.org/wiki/Eragon
If you look up Paolini International LLC, you'll see that it's no Simon and Shuster. It's a self-publishing company. The boy did all of the typical self-publishing stuff--hawking the book himself at stores. The fact that his parents owned the biz, and the fact that they paid for his self-publishing really doesn't change anything: If he had different parents, and they paid for it, it'd amount to the same thing.
http://www.usatoday.com/life/books/news/2003-11-12-paolini_x.htm
It wasn't until Carl Hiaasen's stepson got a copy of the book from the teenage author as he peddled it from site to site, and showed it to his dad, who in turn showed it to the mainstream publishing house Alfred A. Knopf that the book got any attention and traction in the market. It's a true self-publishing-to-mainstream story.
I'm reading my first e-book right now on my iPod touch (Game of Thrones) and I gotta be honest. It's great. Super convenient, I can read whenever I have time. Love it. And this is coming from a guy who owns more books and comics book than I know what to do with, so when I say I'm a dead tree fan, I mean it.Yeah, me too. But then again, I've read literally hundreds of ebooks over the last few years, and damn few paper books. Ebooks are just too convenient. Amazon has recently surpassed hard-copy book sales with ebook sales, so I guess that's the way the market is trending. And that suits me just fine.
Like I said, just something a author friend told me, I don't think it should stop anyone from going for it, I'm sure in the end if you want to be published a company it has way more to do with the quality of your writing and your agent than anything else.And, on the other hand, Eragon started out as a self-published book.
I just can't see myself carting around one of those plastic things. If there was some way for them to make a device that operated like a book, with pages and such, but the text on those pages changed to whatever you wanted to be reading at the time, I could go for that. But on a Kindle or its ilk, it feels like I'm reading from a screen. And I do that 8 hours a day, 6 days a week, not including my free time such as on Halforums. I love the books I can keep in my hand--it's a break from the many screens in my life.Yeah, me too. But then again, I've read literally hundreds of ebooks over the last few years, and damn few paper books. Ebooks are just too convenient. Amazon has recently surpassed hard-copy book sales with ebook sales, so I guess that's the way the market is trending. And that suits me just fine.
The Kindle, for all the DRM issues and such, really doesn't feel like you're looking at a computer screen. It's obviously not exactly the same as a book but the simple display really makes it about as close to a magic, self writing scroll as is technologically possible. No back lighting, either, which cuts down on eye strain and such.I just can't see myself carting around one of those plastic things. If there was some way for them to make a device that operated like a book, with pages and such, but the text on those pages changed to whatever you wanted to be reading at the time, I could go for that. But on a Kindle or its ilk, it feels like I'm reading from a screen. And I do that 8 hours a day, 6 days a week, not including my free time such as on Halforums. I love the books I can keep in my hand--it's a break from the many screens in my life.
That, and also I don't like this whole DRM style of things where you don't actually own a copy of the book you buy and your Ereader can be shut down or have your books taken away, or whatever all that crap I've been hearing is about the Kindle. I do not like that in the slightest.
I'm actually pretty sure either you sell your copyright or you still own it until you do in the old system too...I think in 50 years (or when technology changes) John will STILL own his own work. Amazon is just a distribution center (virtual one in this case) and they get 65% of the price to house and distribute.
Yeah, yeah, yeah... prostitution, yay or nay already.Even if I thought copyright, as expressed right now, is good, I could not possibly agree that it would be the best system for everyone, everywhere, throughout all time. It has to change with the times.
It's a bloody Etch-a-sketch... they just used the Empower Spell feat on it...The Kindle, for all the DRM issues and such, really doesn't feel like you're looking at a computer screen. It's obviously not exactly the same as a book but the simple display really makes it about as close to a magic, self writing scroll as is technologically possible. No back lighting, either, which cuts down on eye strain and such.
I really, really, really want to dismiss the iPad as a toy computer unnecessary to my existence...but then our office started giving presentations and doing surveys on them, and they're soooo shiny and cool!I would choose the iPad over the Kindle.
I got one cause my parents wanted one and wanted free tech support so they bought me a shiny iPad2 64GB (they wanted the best) I am loving it.I really, really, really want to dismiss the iPad as a toy computer unnecessary to my existence...but then our office started giving presentations and doing surveys on them, and they're soooo shiny and cool!
Oh, dear. I don't know how to say this... but Edison died.Questions? Talk to Edison about how many of his patents he was actually personally responsible for.
--Patrick
His last breath is at the Henry Ford Museum in Dearborn, MI. It's in a bottle. I'm sure we can use some black magic to resurrect him using that.Oh, dear. I don't know how to say this... but Edison died.
Even at half-price books, a lot of them are still around 3-4$ each! (you could get a $1 bin if you are lucky)The thought occurred to me that, when I go into a book store, I find a lot of garbage and very little I want to read. Take fantasy for example. That's a limitless genre that everyone wants to do the same thing in. Too much of it is poorly-written or desperately emulating Tolken (and I really didn't care for LOTR as a book). It's difficult for me to get into medieval fantasy anymore unless it's really impressive like Song of Ice and Fire.
Now I see it's possible that there could be many books I'd actually enjoy reading that simply aren't the kind of thing picked up by major booksellers. Maybe there are such things on ebooks, and as much as I'd rather have a paper book in my hands, I'd even more prefer to have something I enjoy reading.
So I see the merit here and I'll have to look into what might be out there for me to read.
I didn't think digital books had bins :/.Even at half-price books, a lot of them are still around 3-4$ each! (you could get a $1 bin if you are lucky)
Seriously, still nothing?Yeah, yeah, yeah... prostitution, yay or nay already.
heh. They don't I am just saying that buying actual books cost more (in some cases) than digital version.I didn't think digital books had bins :/.