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[LOLtron]

Ken Eppstein talks about the best ways to protect one's intellectual properties. 


So... In a snit about the whole Watchmen prequel deal?  Well, I'm of two minds about that.  

The first is, if you don't want to feed into the frenzy it's probably best to just shut up about it.  Your tweets about how horrible the Before Ultimate Watchmen is going to be is just going to drive sales.  All a twitter rant is going to do is convince people to go buy some copies to see "if its really that bad."  Just vote with your dollars. Don't like it? Don't buy it.  (While you're at it, quit buying Star Wars, Star Trek and Kiss crap.  You're just encouraging more pabulum. The buck stops with you, fan boy.)

My second mindset has more to do with the whole notion of an intellectual property some how being an unapproachable altar.  I personally hate the very notion of ownership of an idea.  How is that possible, much less policeable?  The answer in my mind, oddly enough is that its its not possible to own an idea, but unfortunately the false notion of ownership is policeable with litigation.   Moore, to his credit, has decided to wash his hands of the whole mess. By his own admission he thinks it'd be useless to fight DC's army of attorneys.  

Most of the artists I know cringe at the idea of setting up a simple resume or business plan.  Fighting for themselves in a court of law?  Forget about it.  If Intellectual Property laws can help fell one of our giants like Moore, what chance do us little indie guys have in the same arena?  None.  No chance.  At best its a David versus Goliath battle.   And this time God is backing the Philistines.

Luckily, there is an alternate defense.  

I was watching some TV Bio-pic about Little Richard not long ago o one of those channels that you only watch at 3:00am when fighting insomnia.  The movie wasn't all that great, but there's this scene where Little Richard is trying to cope with the record company screwing him by promoting Pat Boone's versions of Richard's songs. Richard is despondent until one of his cronies suggests that he dig deep and create a song that there's NO WAY Boone could realistically cover.  Something so steeped in Little-Richardness that ol' Pat wouldn't be able to keep up.  Little Richard goes on to record "The Girl Can't Help It" and several more hits that no milquetoast square like Pat Boone could possibly cover.

No one can belt out a song like Little Richard and he's been doing it for nigh on sixty years now.  No one can script a comic like Alan Moore and he's didn't quit writing when it became apparent that Watchmen had become something beyond what he wanted or intended.   Both men were screwed early in their careers and both men kept at it despite the inequities inherent in our economic and legal systems.

Now, ain't one of us reading (or writing) this column an Alan Moore or a Little Richard.  That doesn't mean we shouldn't take their lessons to heart.   Whether phrased in the same manner as I have or not, they realized that fighting the powers that be on their own terms isn't a winnable war.  Once an idea has gone public, whether its a piece of fiction or a song or a freakin' dog's genome, only the entity with enough money to back up its claim can be the "owner" of that idea.

See, it's like this: we actually ran out of ideas as a species a long time ago.  Ideas are like real estate... They aren't making any more.  What we do have is our own unique set of eyes and ears to examine old ideas form a new perspective. Better yet, those sense are coupled with a unique voice for expressing the new perspective.  The world can borrow, buy and otherwise purloin your ideas.  Let them.  They weren't really yours anyway.  

You get to keep the things they can never steal: your perspective and your voice.  So use them.  A lot.  Keep writing, singing, guitar picking, painting or whatever it is you do.  The future is full of low blows, rabbit punches and paid off referees.  Your only defense is productivity.

(Another parallel between the music and comic industries.  Yep. Sue me.)

Written or Contributed by: Ken Eppstein, Outhouse Contributor


http://www.theouthousers.com/index.php/columns/indie-insights/18243-indie-insights-on-intellectual-property.html/

[S.F. Jude Terror]

I can understand the idea that artists deserve to make a living off their ideas for their lifetime, but after that copyright should go into the public domain. That we've allowed copyright to keep being extended and halted the public domain at 1923 is a huge detriment to our shared culture, and ultimately I think it can lead to the loss of a lot of great works of art as anything not in the public domain but not profitable to the huge corporation that owns that copyright will simply sit in a vault forever.

I think your idea, from the perspective of the artist, that the artist can combat the hording and exploitation of ideas by corporations by creating new art is sound in theory, but the fact is few artists are prolific enough to produce a lot of great works of art. Most, I think, might produce one or two in a lifetime.

[Ken Eppstein]

That's kind of a home-run hitter's mentality. If you're talking about "great works" of art the fact is that most artists will never produce even one. And even if an artist does great work of some sort, there's no guarantee that it'll lead to fame and fortune. Why bank on some master-stroke that's not likely to come and isn't a sure fire "win" if it does?

I'm a bat for average guy. Keep producing and good things will happen.

[achilles]

If you produce something copyrightable, do so. It's like $30, and can be the best $30 you ever spent if someone does steal you shit. Beyond that, while writers and artists of all types hate the business end of things---it IS a business when you come right down to it.

From lamentable family experience, pay attention! Watch what people are doing in your name, or failing to do, (like pay royalties owed). Agents, lawyers, and accountants can and will screw you if you don't watch. Same with publishers.

Simply lying down and taking it isn't the answer, regardless of whether you continue to write or draw or sing or whatever. In recent years, we have seen artists successfully sue those who ripped them off. Cameron for example, a serial stealer of other people's shit, has had to settle a number of times, (admittedly not with Joe Nobody). On things like Terminator.

And the current copyright laws are just fine IMO. The family of a creator should be able to benefit, since after all, most people work not only for themselves, but to provide for their family. Why for example should some guy who makes his money off investments have those investments pass to his family with no one objecting when someone who makes it off his intellectual properties not be able to pass them on to his family?

[Ken Eppstein]

Tell me more about your family experience.

[achilles]

Tell me more about your family experience.

Let's just say it involves a noted fan and agent who died a couple of years ago who wasn't nearly as nice or honest as was said in all the lamentations that occurred on certain comic book boards. Who I will not name. But who withheld royalties, didn't mention foreign sales, and overall didn't bother to tell my family member about things he needed to know, including things relating to copyrights.

[Ken Eppstein]

That's a drag. I'm sorry to hear about it.

I will say this... You've definitely busted me for being overly hyperbolic. I don't think that artists and writers should give up entirely on copyright protection. My intended message wasn't "don't copyright your stuff." By all means, bear arms! It's just unfortunate that in many cases even after arming themselves, artists end up bringing a knife to a gun fight. You gotta be prepared for defeat.

[achilles]

That's a drag. I'm sorry to hear about it.

I will say this... You've definitely busted me for being overly hyperbolic. I don't think that artists and writers should give up entirely on copyright protection. My intended message wasn't "don't copyright your stuff." By all means, bear arms! It's just unfortunate that in many cases even after arming themselves, artists end up bringing a knife to a gun fight. You gotta be prepared for defeat.

Sigh, yeah, that's usually the case. The little guy almost never wins. So it pays to be as careful as you can so you have at least some chance if you decide to fight when you get the shaft.

[S.F. Jude Terror]

If you produce something copyrightable, do so. It's like $30, and can be the best $30 you ever spent if someone does steal you shit. Beyond that, while writers and artists of all types hate the business end of things---it IS a business when you come right down to it.

From lamentable family experience, pay attention! Watch what people are doing in your name, or failing to do, (like pay royalties owed). Agents, lawyers, and accountants can and will screw you if you don't watch. Same with publishers.

Simply lying down and taking it isn't the answer, regardless of whether you continue to write or draw or sing or whatever. In recent years, we have seen artists successfully sue those who ripped them off. Cameron for example, a serial stealer of other people's shit, has had to settle a number of times, (admittedly not with Joe Nobody). On things like Terminator.

And the current copyright laws are just fine IMO. The family of a creator should be able to benefit, since after all, most people work not only for themselves, but to provide for their family. Why for example should some guy who makes his money off investments have those investments pass to his family with no one objecting when someone who makes it off his intellectual properties not be able to pass them on to his family?

Because it's not generally the family of an artist that profits. It's a corporation, like Disney, that keeps these rights locked up indefinitely. Public Domain before Disney started pushing for extensions left plenty of time for an artist and family to make money, and then the work belonged to everyone. Now, it's kind of obscene.

[achilles]

Because it's not generally the family of an artist that profits. It's a corporation, like Disney, that keeps these rights locked up indefinitely. Public Domain before Disney started pushing for extensions left plenty of time for an artist and family to make money, and then the work belonged to everyone. Now, it's kind of obscene.

Only if it was work for hire. If the artist in question owns the copyright, and has reserved all rights, then the family gets the money, or at least a portion in royalties. And properties don't have a time limit on how long they can make money. I think the current limit is adequate.

[Ken Eppstein]

Any thoughts on my column in light of the (unfortunate and coincidental) ruling for Marvel against Gary Friedrich?

[achilles]

Any thoughts on my column in light of the (unfortunate and coincidental) ruling for Marvel against Gary Friedrich?

It certainly supports the idea that the big guys win most of them. Technically I suppose he was violating their copyright, (and on a related note I'm glad to see that today there's been some reform in creator owned titles ever for the big two), but it seems really petty of Marvel, and not terribly well timed for them.

[Ken Eppstein]

but it seems really petty of Marvel, and not terribly well timed for them.

Yeah. I think that in part is the "Mouse-Factor." As bad as Stan and Crew were, and they were bad, Disney is all about putting somebody's head on a pike to protect their movie properties.

If only this kind of nonsense was new. Are any of you old enough to remember when the Lone Ranger's creator sued Clayton to prevent him from going to malls dressed as the Lone Ranger? That was over the 1981 movie. Which was horrible and flopped.

[Ken Eppstein]

Clayton Moore. Apparently I'm on a first name basis.

[J.M. Hunter]

I'm beyond pissed about the ruling against Gary Friedrich!!! I've spammed my own facebook with news and shared posts about it. I hope this isn't the end and I hope all artists and independent creators finally rally together to voice their displeasure with the House of Mouse. I think it's time for some motherfuckin' Occupy The Mouse!