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Disney has a copyright over Moana. I would argue Moana is an idea in the sense that most people think of as ideas. Moana isn't tangle, it's not a physical good.
by 93po 1y ago
Disney has a copyright over Moana. I would argue Moana is an idea in the sense that most people think of as ideas. Moana isn't tangle, it's not a physical good. It's not a plate on my table. It only exists in our heads. If I made a Moana comic book, with an entirely original storyline and original art and it was all drawn in my own style and not using 3D assets similar to their movies, that is violating copyright. Moana is an idea and there are a million ways to express the established character Moana, and Moana itself is an idea built on a million things that Disney doesn't have any rights to - history, culture, tropes, etc.
I understand what you're saying but the way you're framing it isn't what I really have a problem with. I still don't agree with the idea that I can't make my own physical copies of Harry Potters books, identical word for word. I think people can choose to buy the physical books from the original publisher because they want to support them or like the idea that it's the "true" physical copy. And I'm going to push back on that a million times less than the concept of things like Moana comic books. But still, it's infringing copyright for me to make Moana comic books in my own home, in private, and never showing them to anyone. And that's ridiculous.
- otterley 1y ago> [Moana] only exists in our heads. Moana and Moana 2 are both animated movies that have already been made. They're not just figures of one's imagination. > If I made a Moana comic book, with an entirely original storyline and original art and it was all drawn in my own style and not using 3D assets similar to their movies, that is violating copyright It might be, or it might not. Copyright protects the creation of derivative works (17 USC 101, 17 USC 103, 17 USC 106), but it's the copyright holder's burden to persuade the court that the allegedly infringing work with the character Moana in it is derivative of their protected work. Ask yourself the question: what is the value of Moana to you in this hypothetical? What if you used a different name for the character and the character had a different backstory and personality? > I still don't agree with the idea that I can't make my own physical copies of Harry Potters books You might think differently if you had sunk thousands of hours into creating a new novel and creative work was your primary form of income. > But still, it's infringing copyright for me to make Moana comic books in my own home, in private, and never showing them to anyone. It seems unlikely that Disney is would go after you for that. Kids do it all the time.
- School-Cotton 1y agoIn the world you’re proposing, you would also not be able to make word-for-word copies of Harry Potter books, because Harry Potter wouldn’t exist.
- 93po 1y agowhy not? people write fiction all the time and put it on the internet for free. in fact, i'd say there's significantly more unpaid fiction writing in the world than paid.
- otterley 1y agoPeople don't copy amateur fiction they can find for free. They copy (or rather, make derivative works of) successful commercial content because it is successful and well known.
- School-Cotton 1y agoYes, and most of it is awful, whereas Joanne Rowling is talented. It’s very unlikely that she would (or even could) have devoted herself to writing fiction in her free time as a passion project without hope of monetary reward and without any way to live from her writing for the ten years it took to finish the Potter series. And even if she had somehow managed, you’d never hear about it, because without publishers to act as gatekeepers it’d have been lost in the mountains of fanfic and whatever other slop amateur writers upload to the internet.
- 93po 1y agoMost is awful, but I'd still say there's just as much good unpaid fiction as paid fiction. Lots of paid fiction is also really, really bad.
- School-Cotton 1y agoOk, what are some examples of high-quality literary fiction published for free?