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  3. 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????

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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  • nicmakesstuff@indieweb.socialN This user is from outside of this forum
    nicmakesstuff@indieweb.socialN This user is from outside of this forum
    nicmakesstuff@indieweb.social
    wrote sidst redigeret af
    #1

    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????

    newshund@mastodon.socialN agowa338@chaos.socialA jon_alper@mastodon.onlineJ 3 Replies Last reply
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    • nicmakesstuff@indieweb.socialN nicmakesstuff@indieweb.social

      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????

      newshund@mastodon.socialN This user is from outside of this forum
      newshund@mastodon.socialN This user is from outside of this forum
      newshund@mastodon.social
      wrote sidst redigeret af
      #2

      @NicMakesStuff Too big to regulate. (They seem to think, personally interested as they are.)

      1 Reply Last reply
      0
      • nicmakesstuff@indieweb.socialN nicmakesstuff@indieweb.social

        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????

        agowa338@chaos.socialA This user is from outside of this forum
        agowa338@chaos.socialA This user is from outside of this forum
        agowa338@chaos.social
        wrote sidst redigeret af
        #3

        @NicMakesStuff

        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...

        peteriskrisjanis@toot.lvP nigel@unsociable.lowkey.partyN 2 Replies Last reply
        0
        • agowa338@chaos.socialA agowa338@chaos.social

          @NicMakesStuff

          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...

          peteriskrisjanis@toot.lvP This user is from outside of this forum
          peteriskrisjanis@toot.lvP This user is from outside of this forum
          peteriskrisjanis@toot.lv
          wrote sidst redigeret af
          #4

          @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@chaos.socialA 1 Reply Last reply
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          • peteriskrisjanis@toot.lvP peteriskrisjanis@toot.lv

            @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@chaos.socialA This user is from outside of this forum
            agowa338@chaos.socialA This user is from outside of this forum
            agowa338@chaos.social
            wrote sidst redigeret af
            #5

            @peteriskrisjanis @NicMakesStuff

            On another note this hopefully stops the book burning as now they don't have to destroy the books after scanning...

            two9a@hachyderm.ioT 1 Reply Last reply
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            • agowa338@chaos.socialA agowa338@chaos.social

              @NicMakesStuff

              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...

              nigel@unsociable.lowkey.partyN This user is from outside of this forum
              nigel@unsociable.lowkey.partyN This user is from outside of this forum
              nigel@unsociable.lowkey.party
              wrote sidst redigeret af
              #6

              @agowa338 @NicMakesStuff which seems to make it unfair use I reckon...

              1 Reply Last reply
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              • agowa338@chaos.socialA agowa338@chaos.social

                @peteriskrisjanis @NicMakesStuff

                On another note this hopefully stops the book burning as now they don't have to destroy the books after scanning...

                two9a@hachyderm.ioT This user is from outside of this forum
                two9a@hachyderm.ioT This user is from outside of this forum
                two9a@hachyderm.io
                wrote sidst redigeret af
                #7

                @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.]

                agowa338@chaos.socialA 1 Reply Last reply
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                • nicmakesstuff@indieweb.socialN nicmakesstuff@indieweb.social

                  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????

                  jon_alper@mastodon.onlineJ This user is from outside of this forum
                  jon_alper@mastodon.onlineJ This user is from outside of this forum
                  jon_alper@mastodon.online
                  wrote sidst redigeret af
                  #8

                  @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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                  • two9a@hachyderm.ioT two9a@hachyderm.io

                    @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.]

                    agowa338@chaos.socialA This user is from outside of this forum
                    agowa338@chaos.socialA This user is from outside of this forum
                    agowa338@chaos.social
                    wrote sidst redigeret af
                    #9

                    @Two9A @peteriskrisjanis @NicMakesStuff

                    Can't you be positive for a split second?

                    two9a@hachyderm.ioT 1 Reply Last reply
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                    • agowa338@chaos.socialA agowa338@chaos.social

                      @Two9A @peteriskrisjanis @NicMakesStuff

                      Can't you be positive for a split second?

                      two9a@hachyderm.ioT This user is from outside of this forum
                      two9a@hachyderm.ioT This user is from outside of this forum
                      two9a@hachyderm.io
                      wrote sidst redigeret af
                      #10

                      @agowa338 @peteriskrisjanis @NicMakesStuff I'm out of bed at 6am on a Sunday, ain't anything positive about that.

                      agowa338@chaos.socialA 1 Reply Last reply
                      0
                      • two9a@hachyderm.ioT two9a@hachyderm.io

                        @agowa338 @peteriskrisjanis @NicMakesStuff I'm out of bed at 6am on a Sunday, ain't anything positive about that.

                        agowa338@chaos.socialA This user is from outside of this forum
                        agowa338@chaos.socialA This user is from outside of this forum
                        agowa338@chaos.social
                        wrote sidst redigeret af
                        #11

                        @Two9A @peteriskrisjanis @NicMakesStuff

                        fair

                        1 Reply Last reply
                        0
                        • jwcph@helvede.netJ jwcph@helvede.net shared this topic
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