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Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by tptacek on Wednesday August 06, 2014 @01:16PM (#8143557)
Calvin and Hobbes isn't used to promote toys and junk food.
Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dragonwriter on Wednesday August 06, 2014 @01:46PM (#8143769)
> Calvin and Hobbes isn't used to promote toys and junk food

Sure, if you are going to be hyperspecific about that one particular example and that one specific use, but the issue was more general about works, and, as for that work, while it may not used to promote toys and junk food, its first titular character is used in rather ubiquitous window decals that seem to present at least as much of the same problem.

The cultural context for a succesful work, with regard to its specific characters, but also more generally, is never going to be the same when you want to introduce your kids to it as when you were introduced to it yourself, particularly if you encountered the work when it was first introduced to society (or when first became popular, which may not be the same time).

Trying to restrict other people's freedom in order to preserve that cultural context -- as by adovcating long copyright terms for that purpose -- is never going to work.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by tptacek on Wednesday August 06, 2014 @01:48PM (#8143796)
I'm not being hyperspecific about that one particular example. The comment you chose to reply to was specifically about that one particular example.

Long copyright terms seem to be doing just fine for Bill Watterson.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dragonwriter on Wednesday August 06, 2014 @02:07PM (#8143910)
> The comment you chose to reply to was specifically about that one particular example.

Not, it wasn't. It made the following general claim about a problem that would exist without long-term copyright:

>> That would make it so just around the time your kids are old enough for you to introduce them to the great comics, cartoons, movies, music, and books of your childhood it would enter the public domain and become widely used in advertising and low budget productions. <<

> Long copyright terms seem to be doing just fine for Bill Watterson.

Perhaps its doing fine for him, but its not preventing characters -- Calvin particularly -- from Calvin and Hobbes from being ubiquitously used in our culture in a way which shifts the context in which someone newly introduced to the source works might experience them. Sure, its not specifically "marketing toys and junk food", but rather expressing preferences, but its not fundamentally different from the perspective of the kind of cultural context concern raised generally in the post I was responding to.

Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by tptacek on Wednesday August 06, 2014 @05:57PM (#8145093)
I don't think I follow your second graph, but you might be suggesting that copyright aside, Calvin is frequently used in stickers on the backs of Chevy and Ford trucks. Those stickers are counterfeit. They've been the subject of legal action, and if they aren't today, it's because Watterson doesn't care enough to go after their small-potatoes producers.
Re:In 'Sherlock Holmes' Rights Dispute, Conan Doyle Estate S... by dragonwriter on Wednesday August 06, 2014 @06:30PM (#8145231)
> I don't think I follow your second graph, but you might be suggesting that copyright aside, Calvin is frequently used in stickers on the backs of Chevy and Ford trucks.

Hardly limited to those two (either as locations or subject matter), but, sure, that's one aspect of the use.

> Those stickers are counterfeit.

Irrelevant to the cultural point under discussion, which has to do with what potential future people may be bombarded with in their environment before seeing the source work, not what is legally considered genuine or counterfeit.

> They've been the subject of legal action, and if they aren't today, it's because Watterson doesn't care enough to go after their small-potatoes producers.

Whether Watterson cares is, again, irrelevant, since the issue raised wasn't about the concerns of creators, but how extended copyright protects fans of work from having their children subjected to various forms of unwanted portrayals of the character, etc., of the work before those fans are able to introduce those children to the work in general. Both the specific kinds of unwanted portrayals pointed to as examples ("TV pitchmen for toys and junk food") of the general problem for the general class of works at issue ("great comics, cartoons, movies, music, and books of your childhood") and similar ubiquitous cultural portrayals not effectively controlled by the author (the stickers) for the specific work cited as an example ("Calvin & Hobbes"), so I don't think that there is much evidence that the current effectively-perpetual copyright does much to prevent the general problem being pointed to.

Even if that problem is agreed to be a problem whose prevention warrants government action restricting human freedom (a position I think is itself far from uncontroversial), I think its pretty clear that the existing copyright regime isn't an effective intervention to acheive that end, and so cannot be justified as a solution to that problem.