5 ms·

how does it work when the copyright is unknown or what happens if a company/trademark folded (that might have held the copyright) does the company who reastabli

by merb 8y ago

how does it work when the copyright is unknown or what happens if a company/trademark folded (that might have held the copyright) does the company who reastablishes the brand get the ip?! I mean if the game was published under Sierra Entertainment 19xx and the company folded, is it still legally unforceable, even if the new company is now activision?

TheDong 8y ago
If a copyright owner dies (without their IP being inherited) or the company dies (and its ip is not sold or kept by some individual of the company), then the material effectively enters the public domain. Note, this is only 'effectively' because it is still possible someone does have the IP and you were simply not aware. It's also possible the person who owns the copyright isn't even aware they own it, but it can still later be discovered and enforced. In practice, it is very difficult to verify when either of those events occur. I expect Sierra Entertainment's IP has been kept alive, even if the company itself died at any point in the past. It's almost always safer to just wait the full duration for copyright to expire and it to enter real public domain. If you're unable to safely wait around 100 years to legally access the material, well, that sucks I guess. Copyright is meant to ensure the public gets access to such material, and it's not the government's fault people don't live over 100 years to enjoy material made in their lifetimes.
- jfoster 8y ago
  It's just law. There's also a practical side to this. You could go ahead, and then if a copyright holder emerges, you have to settle it with them somehow. That could end really badly or it could end up being not much of an issue.
- stormbrew 8y ago
  I mean, the government choose the term. So it actually is their fault if people don't live to see the end of the term, even if the human lifespan itself is not their fault.
  - TheDong 8y ago
    > I mean, the government choose the term I think it's also fair to say that Disney has chosen the term and the government has failed to do its job. The last bit of my comment was meant to be tongue-in-cheek.

by merb 8y ago

TheDong 8y ago

If a copyright owner dies (without their IP being inherited) or the company dies (and its ip is not sold or kept by some individual of the company), then the material effectively enters the public domain. Note, this is only 'effectively' because it is still possible someone does have the IP and you were simply not aware. It's also possible the person who owns the copyright isn't even aware they own it, but it can still later be discovered and enforced. In practice, it is very difficult to verify when either of those events occur. I expect Sierra Entertainment's IP has been kept alive, even if the company itself died at any point in the past. It's almost always safer to just wait the full duration for copyright to expire and it to enter real public domain. If you're unable to safely wait around 100 years to legally access the material, well, that sucks I guess. Copyright is meant to ensure the public gets access to such material, and it's not the government's fault people don't live over 100 years to enjoy material made in their lifetimes.

jfoster 8y ago
It's just law. There's also a practical side to this. You could go ahead, and then if a copyright holder emerges, you have to settle it with them somehow. That could end really badly or it could end up being not much of an issue.
stormbrew 8y ago
I mean, the government choose the term. So it actually is their fault if people don't live to see the end of the term, even if the human lifespan itself is not their fault.
- TheDong 8y ago
  > I mean, the government choose the term I think it's also fair to say that Disney has chosen the term and the government has failed to do its job. The last bit of my comment was meant to be tongue-in-cheek.