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Disney, Copyright, Trademark

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Some interesting thoughts on Copyright and Trademark from Twitter:

@doctorow said at

Mickey Mouse is almost certainly in the public domain already, because of procedural missteps in registration/renewal of PLANE CRAZY

@doctorow said at

But Mickey is also a trademark, so spending millions to establish that Plane Crazy put Mickey in the public domain would get you very little

@doctorow said at

Disney would use trademark law to shut down any commercial use of Mickey, whether or not PLANE CRAZY was public domain

@jmcgarry0 said at

@doctorow This why I always thought the copyright thing was sort of silly. Trademark will let them control characters forever.

@JulianLives said at

@doctorow A great example of this is Tarzan, who entered the public domain in the 2000s, but who is under trademark by the ERB Estate.

@doctorow said at

Tarzan’s just copyffraud (same as Conan/Lovecraft/Buck Rogers, and until recently, Sherlock

@doctorow said at

Much as they’d prefer to keep rivals from making their own Pinocchios, they’re really worried about $0.99 reissues (re: https://twitter.com/RaiderRich2001/status/686572946748342274)

@doctorow said at

Of course. That’s not the point. Disney worries about commercial works based on their work and cheaper editions (re: https://twitter.com/RaiderRich2001/status/686572946748342274)

@doctorow said at

If Disney fails to secure copyright term extension in 2018, then by 2028, it will also lose Snow White

@doctorow said at

Five years later, it will lose Pinocchio, Fantasia, Dumbo, Bambi, and Saludos Amigos

@doctorow said at

By the time we get to works from 1950, Disney starts to lose 1 major film/year:  https://en.wikipedia.org/wiki/List_of_Disney_theatrical_animated_features

@doctorow said at

That’s why Disney fights tooth and nail to keep Steamboat Willie in copyright: nothing to do with Mickey, really

@doctorow said at

No, they’re buying other franchise because they’re fully financialized (as are all other major corps) (re: https://twitter.com/ladyattis/status/686571790273884160)

@doctorow said at

When you make big bets that are closely watched by shareholders, you hedge those bets.

@doctorow said at

That’s because Disney has a lot of capital. Large bets, well made, are better bets than small undercapitalized ones (re: https://twitter.com/ladyattis/status/686572626819420161)

@doctorow said at

This produces winner-take-all effects that also choke out new franchise development

@doctorow said at

The best predictor of success in your next film is remaking a film that was already successful.

@doctorow said at

The intrinsic conservatism of large film bets means more remakes, reboots, sequels and prequels from all parties

@doctorow said at

Financialized orgs prefer making capital investments to actually making stuff.

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