Re:I liberate the ending to Minecraft from Microsoft and giv...
by JohnBooty on Thursday December 08, 2022 @10:23AM
(#33908787)
iirc, copyright law only applies if you defend your copyright.
That's trademark law you're thinking of.Copyright always applies and is automatically assigned at the time of creation. Belongs to the author by default unless created in the context of some other agreement (e.g. work for hire)
Re:I liberate the ending to Minecraft from Microsoft and giv...
by squirtlebonflow on Thursday December 08, 2022 @11:45AM
(#33910004)
$20,000 is actually an insane amount to be paid for for the amount of effort it takes to write a poem like that. Even if it took 40 hours a week for 2 months.
Which, I really doubt it did. I read a fair amount of poetry and while it is nice, it's not particularly deep, it's also a prose poem with little to no effort put into metrical style. I feel like I could write something similar in 2-3 hours if given the prompt. To be fair, part of the value is the ideation of the universe-intelligent-being vagueness, but given the context of the game, that doesn't seem like it would take that long to think of, either.
The same can certainly be said for everyone else involved in this. Notch made off with 1.7 billion dollars for a few years of work - that's a disproportionate reward for the level of effort.
But if the poetry author wanted a disproportionate reward for their level of effort, they should have asked for it. It's business at the end of the day - they didn't write it for art's sake, they wrote it for a contract job. And it's not a particularly great poem that will be featured on poetry.com, IMO
But I don't believe this would stand up in court. There was a verbal agreement before he signed a contract. He was paid for his one-off contribution; I don't know how much work he delivered or how many hours he put into it, but 20K is half a year's income for some people, not to be sniffed at.
This has come up recently as well in some drama about voice acting on the one hand, and video game soundtracks on the other. Normally you get paid for the time spent, or the amount of your contributions used. But in the case of the voice actor, they decided the normal amount - or as it turned out later, a chunk well above the normal amount - wasn't enough and they threw it onto the internet.
But in the end, I think this is just a business transaction - one part of one part of the game, paid for with a five figure sum. The author neglected to do his due diligence and neglected to review and sign the contract in a timely fashion. Mojang and Microsoft may be susceptible to a lawsuit because the author never surrendered the rights to his work until now, but his unwillingness to cooperate while accepting payment for work delivered won't work in his favor.
And while he gave the text up into the public domain, I don't know if this holds up in court; iirc, copyright law only applies if you defend your copyright. Which means that if the author's copyright is voided, then Microsoft's copyright for Minecraft and all it contains might take over, and they might sue him instead. I'm not a lawyer or versed in copyright law, so this is just fantasizing.