3 ms·

An interesting question is, would Warner Bros attempt to sue a leaker and claim damages, if by definition a written-off movie has no value (and thus no revenue

An interesting question is, would Warner Bros attempt to sue a leaker and claim damages, if by definition a written-off movie has no value (and thus no revenue potential to claim damages against)?

atleastoptimal 3y ago
Reputational damages, release of copyrighted material, violation of intellectual property, etc. Law isn't a neat logic puzzle.
- olivergregory 3y ago
  Doesn't copyright apply the moment of release? Since it's not released, it's not copyrighted. The rest would indeed apply, of course, but I'm not sure about copyright.
  - jasomill 3y ago
    No. In the US, at least, copyright law applies as soon as an author fixes the work in a tangible form of expression. Per the Copyright Office[1]: A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it. [1] https://www.copyright.gov/what-is-copyright/ https://www.copyright.gov/what-is-copyright/
tantalor 3y ago
You could argue that once "written off" it becomes public domain.
- HWR_14 3y ago
  You can certainly argue the law should be changed such that once written off it should become public domain. I don't see how that would happen now.
- sigzero 3y ago
  No, you can't. They still own it.
  - autoexec 3y ago
    Do you own your trash after you throw it away? I think it could be argued that trashing something means you're giving up your ownership rights. It sounds like the ideal solution would be to shore up the tax law to prevent this situation in the first place, but if that's not possible and it will continue to be profitable to create art just to trash it then the works should at least be released to the public domain so that we're not losing the art.
    - haunter 3y ago
      > Do you own your trash after you throw it away? In a similar story that’s the center point of the lost Doctor Who episodes case. BBC literally throw away the reels > workers saved them from thrash > BBC now looking for the lost episodes, everyone knows who has them but they are reluctant to give it back in fear of prosecution (BBC can’t grant clemency) https://www.theguardian.com/tv-and-radio/2023/nov/11/lost-doctor-who-episodes-found-owner-reluctant-to-hand-them-to-bbc https://www.theguardian.com/tv-and-radio/2023/nov/11/lost-do...
- SkyPuncher 3y ago
  So, are all VC companies public property for the years of losses they’ve had?

An interesting question is, would Warner Bros attempt to sue a leaker and claim damages, if by definition a written-off movie has no value (and thus no revenue potential to claim damages against)?

atleastoptimal 3y ago

Reputational damages, release of copyrighted material, violation of intellectual property, etc. Law isn't a neat logic puzzle.

olivergregory 3y ago
Doesn't copyright apply the moment of release? Since it's not released, it's not copyrighted. The rest would indeed apply, of course, but I'm not sure about copyright.
- jasomill 3y ago
  No. In the US, at least, copyright law applies as soon as an author fixes the work in a tangible form of expression. Per the Copyright Office[1]: A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it. [1] https://www.copyright.gov/what-is-copyright/ https://www.copyright.gov/what-is-copyright/

tantalor 3y ago

You could argue that once "written off" it becomes public domain.

HWR_14 3y ago
You can certainly argue the law should be changed such that once written off it should become public domain. I don't see how that would happen now.
sigzero 3y ago
No, you can't. They still own it.
- autoexec 3y ago
  Do you own your trash after you throw it away? I think it could be argued that trashing something means you're giving up your ownership rights. It sounds like the ideal solution would be to shore up the tax law to prevent this situation in the first place, but if that's not possible and it will continue to be profitable to create art just to trash it then the works should at least be released to the public domain so that we're not losing the art.
  - haunter 3y ago
    > Do you own your trash after you throw it away? In a similar story that’s the center point of the lost Doctor Who episodes case. BBC literally throw away the reels > workers saved them from thrash > BBC now looking for the lost episodes, everyone knows who has them but they are reluctant to give it back in fear of prosecution (BBC can’t grant clemency) https://www.theguardian.com/tv-and-radio/2023/nov/11/lost-doctor-who-episodes-found-owner-reluctant-to-hand-them-to-bbc https://www.theguardian.com/tv-and-radio/2023/nov/11/lost-do...
SkyPuncher 3y ago
So, are all VC companies public property for the years of losses they’ve had?