IAmBored2: I hate this common lie about IP. No, Disney never got the copyrights for the story of Cinderella, instead they got the copyrights for their new characters that they added to the story.
Yes, but if you release works with similar names and characters as their current IP, they can always threaten with C&D or litigate you to the death of a gamedev's studio.
In 1994, Disney sued a Canadian mall because the latter used the same 'Fantasyland' name for its amusement park, which Disney argued damaged the marketing brand of that trademark. Subsequently, Disney won and set a legal precedent from that point.
If you're a small indie studio with little funds, why bother taking that risk? Why spend unnecessary costs hiring a copyright lawyer to verify your work doesn't violate Disney's copyright when you can change ambiguous commonalities and avoid the issue completely and repurpose that money into improving your game?
People who complain about copyrights usually are the same as those who are willing to steal other people's hard work rather than pay for it and the reality about them is that they complain about copyrights because they want to feel justified in stealing.
Would be interesting to see a citation on this. In the US, copyright expiration durations are very generous:
death + 70 years OR MIN(95 years from publication, 120 years from creation) for corporate authorship. That is more than enough time for the original authors to benefit for their entire lives plus a handful for their estate or for corporations to drain every single drop of money their IPs can make while still finding other IPs to profit from.
It has never happened that someone copyrighted the concept of an orc and then sued people who used orcs in their games.
Yes, this is because orc etmyology is part of
700-1000 AD German folklore and thus are public domain.
The concept of the orc/ogre monster are linked to 16th century Italian writers and a 17th century French writer and thus are also in the public domain. The reason why we can all enjoy the concept or orcs today is because of that. If the Tolkien Estate still had copyright and Blizzard refused to pay them a licensing fee royalty, we wouldn't have Warcraft IP today.
Even the my little pony MMO that got rightfully shutdown came back with no problems after stripping the infringing material out of it. Criminals of course have to lie and say "but but but it's nonprofit so IP rules don't apply." Those same criminals have no problems with selling their fanart at conventions or otherwise profiting in some manner.
I don't think anyone here is advocating stealing IP.
What I'm saying is that copyright expiration durations should allow exceptions for abandonware durations to be expedited. Abandonware being games that have no clear ownership. All works should be given the default copyright years. Once gamedevs / publishers go bankrupt or die, IPs can be auctioned off to highest bidders by its creditors. And if those works are still passed up, they should be given a shorter yet reasonable amount of time to allow original authors to claim ownership to revalidate their copyright before letting them enter the public domain. Say 10-25 years?
The intent is to force companies to have clear ownership with their registration and licensing contracts. This is so fans know who to contact to express their interest in more products of that IP instead of leaving it in a limbo where no one wants to build on that material without the fear of being sued by a company that has long stopped caring about it.
With the way things are, you'd have to wait 95 years so your great grandchildren can finally create works of an IP that no one cares about anymore. People are unsure who to contact, know who owns the right to certain works, and are still being threatened by lawyers anyway
like the case with Night Dive and Warner for NOLF. There is plenty of interesting and old stories to build on. I argue with another example of Sony not caring about Marvel IP besides Spider-Man and look where we are today: IP with clear ownership creating lucrative works significantly impacting culture.
"Abandonware" is piracy, GOG staff have said this many times, GOG's business model used to consist of patching old "abandonware" and selling it with permission. Only criminals pirate, and only criminals complain when a corporation upholds their right to protect their IP.
If you sell abandonware, it's no longer abandonware. Some of the profits are going to the current IP owner.
If you have any more doubts about my opinion, I'd suggest looking into some of those links I posted, especially the book I posted. Disney's own works were derivatives of public domain folklore and even Mickey Mouse started off as a parody of Steamboat Bill, Jr. (1928) and look at how all of these works have contributed to Western arts, culture, and entertainment innovation. Society and creative works benefits as a whole when more works enter the public domain where they're built upon.