tag:blogger.com,1999:blog-5574479.post12368337762153209..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: Is Sherlock Free of Copyright in the US? Not Just YetVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-5574479.post-66474843421934320262013-09-24T02:36:19.466+01:002013-09-24T02:36:19.466+01:00Andy J @19:23,
Actually, irony has very little to...Andy J @19:23,<br /><br />Actually, irony has very little to do with it and it is quite a natural part of the evolution of a country - the more evolved, the realization that more powerful IP laws have greater value.<br /><br />China is now experiencing this in relation to patents.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48354299475413998022013-09-23T19:23:51.463+01:002013-09-23T19:23:51.463+01:00Regarding the protection of characters and plots, ...Regarding the protection of characters and plots, I can't help thinking it's the US courts which have created this mess by drawing the line between idea and expression in the wrong place. Admittedly this has come about because Hollywood and the TV studios have brought case after case in the hope of protecting their franchises. <br />It is more than a little ironic that during his lifetime Conan Doyle suffered piracy of his works at the hands of American publishers (<a href="http://www.amazon.com/Sherlock-Holmes-Among-Pirates-Contributions/dp/0313272301" rel="nofollow"><i>Sherlock Holmes Among the Pirates</i>)</a>.Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61068600040241874602013-09-23T14:06:47.106+01:002013-09-23T14:06:47.106+01:00@Anonymous 11:21 - Thank you for teaching this Ame...@Anonymous 11:21 - Thank you for teaching this American a lesson in British etiquette! <br /><br />@Roufousse, to be clear, the court hasn't issued its ruling yet. The parties have each laid out their arguments for the court's consideration, and I will share an update when the court rules. In any case, it may indeed be permissible to lengthen the term of copyright, e.g. through an Act of Congress. However, I think a judicial ruling that copyright can be extended if a creator adds character development details over a series of works would conflict with constitutional and congressional intentions that copyright be limited to a set period of time (however long that may be). In addition, such a ruling would unfairly create 2 copyright terms: a limited period of time for individual creators, who clearly cannot continue creating works forever, and a potentially perpetual term for corporate creators that could leverage generations of employees to extend the life of its copyright holdings.<br /><br />Finally, regarding the Mickey Mouse comments, no matter what the term of copyright is, Disney will be able to protect its exclusivity over the Mouse through its trademark registrations. The character of Mickey Mouse has become a designation of origin for Disney. Miri Frankelhttps://www.blogger.com/profile/10086207551292241559noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-36856893948096542132013-09-23T11:21:47.481+01:002013-09-23T11:21:47.481+01:00Dear Miri,
Thanks for an interesting post, but ju...Dear Miri,<br /><br />Thanks for an interesting post, but just for future reference, it's "Sir Arthur" or "Conan Doyle", NEVER "Sir Conan Doyle". Ditto any other knight of the realm - the famous conductor Sir John Eliot Gardiner is Sir John or Gardiner. <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-29911811471565785992013-09-22T15:41:59.471+01:002013-09-22T15:41:59.471+01:00Roufousse T. Fairfly,
While I think your post was...Roufousse T. Fairfly,<br /><br />While I think your post was made somewhat tongue in cheek, the court's reasoning does indicate that successive lengthening of terms of protection does not violate the US constitutional limitation of 'for limited times' and is thus a very real potentiality.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35822417984574154202013-09-22T00:40:41.175+01:002013-09-22T00:40:41.175+01:00When Mickey Mouse turns 120, we'll learn that ...When Mickey Mouse turns 120, we'll learn that copyright in the US has been extended to 240 years. Or 2400...Roufousse T. Fairflynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-53006173951739191092013-09-21T12:34:57.068+01:002013-09-21T12:34:57.068+01:00MiriFrankel @ 21:00,
That's pretty cheesy.MiriFrankel @ 21:00,<br /><br />That's pretty cheesy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76569722348662286422013-09-21T08:30:26.631+01:002013-09-21T08:30:26.631+01:00Unfortunately, the protection it provides is not a...Unfortunately, the protection it provides is not at all mickey-mouse.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13997834788706156512013-09-21T00:21:16.771+01:002013-09-21T00:21:16.771+01:00@Anonymous, you might be interested to know that t...@Anonymous, you might be interested to know that the Copyright Term Extension Act of 1998, which extended copyright in the US to life of author plus 70 years or, for corporate copyrights, 120 years from creation or 95 years from publication, was nicknamed "the Mickey Mouse Protection Act". Miri Frankelhttps://www.blogger.com/profile/10086207551292241559noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61640526275386514352013-09-20T22:49:00.296+01:002013-09-20T22:49:00.296+01:00Initial expressions subject to future 'develop...Initial expressions subject to future 'development'?<br /><br />That seems like an awfully slippery slope (and one a certain U.S. Mouse would joyfully scamper to).Anonymousnoreply@blogger.com