How is it that an artist selling their hand drawn fanart on etsy can get their work taken down by copyright holders but the plagiarism machine is fair game????
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RE: https://mastodon.social/@eff/117215319335459732
How is it that an artist selling their hand drawn fanart on etsy can get their work taken down by copyright holders but the plagiarism machine is fair game????
@NicMakesStuff Too big to regulate. (They seem to think, personally interested as they are.)
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RE: https://mastodon.social/@eff/117215319335459732
How is it that an artist selling their hand drawn fanart on etsy can get their work taken down by copyright holders but the plagiarism machine is fair game????
Fair use is not a right, it's a defence in court. So you'd have to actually have the money to get your taken down art into a court case and then have a judge rule that it is fair use.
That said, do you have the money to do that against e.g. Universal or Disney? No?
And now guess who has the money to do that...
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Fair use is not a right, it's a defence in court. So you'd have to actually have the money to get your taken down art into a court case and then have a judge rule that it is fair use.
That said, do you have the money to do that against e.g. Universal or Disney? No?
And now guess who has the money to do that...
@agowa338 @NicMakesStuff yeah people are reacting to fact that copyright law was written by corporations who now abuse it. Probably should avoid shooting messenger.
This needs new laws. Extending of creator moral rights, and so on. It is clearly abuse of the legal definitions. But it is not lawyer job to point that out. It is politicians. -
@agowa338 @NicMakesStuff yeah people are reacting to fact that copyright law was written by corporations who now abuse it. Probably should avoid shooting messenger.
This needs new laws. Extending of creator moral rights, and so on. It is clearly abuse of the legal definitions. But it is not lawyer job to point that out. It is politicians.@peteriskrisjanis @NicMakesStuff
On another note this hopefully stops the book burning as now they don't have to destroy the books after scanning...
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Fair use is not a right, it's a defence in court. So you'd have to actually have the money to get your taken down art into a court case and then have a judge rule that it is fair use.
That said, do you have the money to do that against e.g. Universal or Disney? No?
And now guess who has the money to do that...
@agowa338 @NicMakesStuff which seems to make it unfair use I reckon...
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@peteriskrisjanis @NicMakesStuff
On another note this hopefully stops the book burning as now they don't have to destroy the books after scanning...
@agowa338 @peteriskrisjanis @NicMakesStuff They don't have to shred the books, but they will anyway: any book that's out of public availability is another opportunity to lend the contents back to us, for a short time, at a cost.
[And sure, it's not the content as-is, it's averaged into sludge and "best-effort" reconstituted.]
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RE: https://mastodon.social/@eff/117215319335459732
How is it that an artist selling their hand drawn fanart on etsy can get their work taken down by copyright holders but the plagiarism machine is fair game????
@NicMakesStuff Often because of trademark rather than copyright but also because fan art is insufficiently transformative to qualify under the definition of fair use. And, of course, because individuals can’t afford the legal fight though assuming it’s neither of former and ONLY the latter is where people get jammed up because MANY people who can and do fight lose in court. See: https://ultimateclassicrock.com/george-harrison-my-sweet-lord-plagiarism/ for example and that was a LOT more transformative than most fan art is.
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@agowa338 @peteriskrisjanis @NicMakesStuff They don't have to shred the books, but they will anyway: any book that's out of public availability is another opportunity to lend the contents back to us, for a short time, at a cost.
[And sure, it's not the content as-is, it's averaged into sludge and "best-effort" reconstituted.]
@Two9A @peteriskrisjanis @NicMakesStuff
Can't you be positive for a split second?
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@Two9A @peteriskrisjanis @NicMakesStuff
Can't you be positive for a split second?
@agowa338 @peteriskrisjanis @NicMakesStuff I'm out of bed at 6am on a Sunday, ain't anything positive about that.
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@agowa338 @peteriskrisjanis @NicMakesStuff I'm out of bed at 6am on a Sunday, ain't anything positive about that.
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