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A less restrictive copyright regime (shorter terms) would enable a larger number of derivative works to be created sooner (likely when these derivative works ar
by EvanAnderson 5y ago
A less restrictive copyright regime (shorter terms) would enable a larger number of derivative works to be created sooner (likely when these derivative works are more culturally relevant, too).
Would fewer "primary" works be created-- maybe? (I tend to believe that almost all human expression is derivative by nature, though. There are few new ideas under the sun.)
Would more derivative works be created? Almost assuredly. There are always more "other people" to build on an earlier work that the lone creator of the work upon which derivative works are based.
I'd bet less restrictive copyright terms result in a net larger number of works.
Fewer works that require fantastic financial investment would be created under a weakened copyright regime. I still believe more works, overall, would be created.
- tptacek 5y agoSo we agree: reducing incentives on the creation of new primary works will reduce the number of primary works created, because people respond to incentives. You hope to offset that by enabling the commercialization of fan fiction. I am less hopeful about that proposal, but at least it's a coherent proposal.
- EvanAnderson 5y agoI firmly believe, like I said, that nearly all human expression is derivative. It's almost all "fan fiction" when it comes down to it. There aren't very many "primary" works that can't have their influences traced back to prior works. The current copyright regime just gets to choose who is allowed to make the "fan fiction" and when.
- tptacek 5y agoNo, sorry, that doesn't work: you're saying that by reducing incentives for primary work authorship, we'll gain more works because people will be able to work on derivative works based on existing ones. The only plausible way that could work is by allowing people to derive works from popular properties; literally: you're talking about fan fiction qua fan fiction. Star Wars. Twilight. Spider Man. Enabling people to derive new works from obscure primary works wouldn't move the needle, and wouldn't support your original argument. I'm saying: I don't think you'll get enough commercial Spider Man fan fiction to offset the damage. But you can at least connect the dots on that argument.
- pseudalopex 5y agoRecent Star Wars and Spider Man stories were just fan fiction with permission. Star Wars borrowed from many sources. Some inspiration and some copying. Most were obscure to most of the audience. They didn't say most new works would be commercial. But it's plausible fewer very expensive works could benefit less expensive works.
- tptacek 5y agoYou are free to borrow from those same works, have your superhero bit by a radioactive arthropod, or invent a coven of space witches with energy swords, and you'll be just fine.