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Interesting perspective, I can follow the line of reasoning for sure. Part of the reason I mentioned song or story (vs. visual format e.g. a comic) is because
by 6stringmerc 11y ago
Interesting perspective, I can follow the line of reasoning for sure.
Part of the reason I mentioned song or story (vs. visual format e.g. a comic) is because it allows the consumer to fill in the visualization themselves. Thus, while using the 'Steamboat Willy' version as a creator, the audience is free to substitute their conception as they please. No doubt I'm working a fine line here, but a catchy song about "Mikey Mouse on the River" could pretty much hit the factors to ground it in public domain...well, I'd like to think so at least haha.
I guess we'll have a whole new set of legal knots to work through. I mean as in Trademark vs. Public Domain Copyright. This does bring me to recall Southpark has frequently used Mickey Mouse in a parody fashion (as an evil, iron-fisted empire chief) and apparently did a good enough job of sticking to Fair Use that I can't find evidence Disney ever sued.
What I'm getting at is I do agree Disney is highly motivated to protect every bit of their IP to the fullest extent possible - no doubt their lawyers like this very much - but in a changing landscape, there may be certain workarounds that clever artists will use.