Copyrights and Wrongs, Part 1
Hello there!
Feels like it's been a bit since we last spoke, and I'm sorry for that. Two weekends ago, Becca and I were out of town (I'll share a little bit of that later) and then last weekend, I was just dealing with being really depressed and uninspired and I didn't want to just not write my blog, I didn't really want to do anything. I'm doing a bit better and am about to have a lot to talk about, probably for a few weeks (at least 2-3), so buckle up and get ready! This blog's a special one because appropriate for the time of year, it has HOMEWORK!!!
Also, as a head's up, this first part's going to be a bit shorter as Becca is at Cartoon-a Palooza starting this afternoon! More on that below too!
What is Copyright?
Copyright is both exactly what the name says and a much deeper, more complex thing. In a nutshell, it is the right to copy a creation. If you draw a piece of art, if you write a poem, if you design a machine or a building, if you compose music for a song, if you write a blog even (hehe!), under U.S. law, you are the owner of that work and other people can't use it without your permission.
In more concrete terms, copyright is a form of intellectual property law that defines ownership and use of art under some pretty specific terms. The three biggest ones being: originality, creativity, and fixation. Originality asks if a work is original and unique. What that means is if you and your friend see a cool dog, and you both draw a picture of it, as long as your friend didn't just copy your exact picture, you both now have an original piece of work. Maybe the most commonly thought of example against originality is plagarism, where someone takes another person's written work and tries to pass it off as their own. Creativity is maybe the most nebulous term involved in determining copyright and often overlaps against originality, but should broadly be thought of as the work's intent and execution. Let's say you put together a Pintrest board of inspiration. It isn't meant to be a unique creation or piece of art unto itself, it's just a bit of reference. But if you printed all of the images from that Pintrest board out and collaged them into a piece of art, that would qualify as a creative effort. Finally, fixation refers to whether or not you actually made the thing in a trackable way. If I sing my cats a silly little song to announce their breakfast, but I never write that song down and it isn't ever recorded, it isn't fixed and there isn't proof that you've made the thing. However, if I shoot a TikTok of me singing that song to my cats, hey, I've got that record and I'm set.
That's a very basic overview and, like I said, copyright is complicated. Being a set of laws revolving around ownership in a capitalist system, there're whole sections of the legal industry dedicated to arguing out and testing and defining the limits of copyright. The other really basic stuff you need to understand about copyright for the rest of this conversation are what you can do as a copyright holder, how long copyright lasts, and what "fair use" is.
Here it is from the horse's mouth--the U.S. Copyright office--but the rights a copyright holder has come down to reproduction, continuation, and distribution. You can make more of your work, either through copies or by creating more new work covered in part by your initial creation, and you can display it or sell it or perform it or otherwise make it available. As part of sale, you can also sell the copyright itself--transferring the ownership to someone else. A lot of comics is done with this step happening before the work is started as "work for hire." This basically says that if you're creating an image for a company that owns the copyright to, say, a character like Batman or property like Transformers, you understand that their copyright to the initial work of art supersedes that of the work you now produce for them, and in exchange, they're going to pay you for your creation and any rights that might otherwise be claimable with it. Not to say it too many times, but it's a complicated system and one that has a lot of very reasonable and righteous criticism lobbed at it. There's often a bit of a rub between copyright as protecting creators and copyright as protecting companies.
Companies, for example, famously have been responsible for the expansion of copyright after the death of the author. Current U.S. law dictates copyright for modern creation lasts until the death of the author, plus 70 years. After that, works enter what we call the public domain (more on that in a sec). But just to really put that into perspective: Stephen King is still alive! And there is a distinct chance that his books won't be available until the 2100s under current copyright law. Or, rather, most of his books. If I did my math right, I believe Carrie will be available in 2069 because it actually pre-dates the current code! And this is further complicated by various other things--like work-for-hire creations and anonymous creations have different term limits, and we're reaching an interesting point where some original works are becoming public domain, but their derivative works are still copyrighted (like, say, Mickey Mouse. Steamboat Willie, the first Mickey short, will hit the public domain in 2024, but ALL OTHER MICKEY STUFF will still be under Disney).
Which brings us back to public domain and fair use. To briefly tackle public domain first, it is the idea that after a copyright expires, that work is available to anyone to use as they please! You wanna tell a Dracula story? Do it! You wanna stage a Shakespeare play or adapt it into another medium? Do it! You wanna turn the Odyssey into a rock opera? Do it! Public domain says no rules, just right! Do it! It's a good idea to check what is in the public domain (Wikipedia linked as a starter) at any given point, just to see what may be available to you. This is going to be important in coming weeks. But everything in the public domain is fair use.
As are certain other things--if you're an Adobe subscriber and use photoshop, the software is copyrighted, but you've got fair use to use it, if you see a movie, the movie is copyrighted, but you've paid your money and have fair use to view it. There are certain limitations for research, education, and transformational uses too. I can't get into all the specifics, because they're varied and incredibly nuanced, but as a few examples: if Mad Magazine does a parody of X-Men called "Ecch-Men" or whatever (a thing they've definitely done), that's fair use--it's understood to be parody/satire and not the original work. If a textbook is publishing a historically significant photo, that may be under fair use. Posting a quote from a book on social media and in a locker room with or without proper attribution may be fair use (this is a real example).
Okay, that's a lot to take in and we haven't even gotten to stuff like trademark, patent, or infringement. But hopefully that's enough of a primer that you'll feel confident in the coming weeks of conversation.
Homework Time
Toldja there'd be homework! So here's what we're going to be talking about over the next few weeks that you might wanna get yourself primed on too!
First off - The Copyright office is conducting a study on generative AI and taking into account public opinion and information on it related specifically to copyright. Public comments are open until October 18th. I already submitted one--that I may reproduce in part or in full here--but if you are (rightfully) concerned about "A.I." as it currently exists and the many ways in which it is already violating copyright law, definitely take the time to share a comment!
Secondly - You may've seen the news in the past 24 hours that Bill Willingham is releasing Fables into the public domain. I'm linking to the A.V. Club's article because well... you all know how I feel about Substack (and you may know how I feel about Willingham himself, which is to say, he sucks!). Next week, this'll be our first topic of discussion to see what that actually means. And please remember, I'm not an expert in copyright law, but I do wanna discuss it!
Finally - No homework on this one, but the other thing we'll be talking about is digging a little bit deeper into work for hire and the complicated relationship between comics, artists, and licensed and unlicensed works.
See ya next week!
What I enjoyed this week(s):
Blank Check (Podcast), Dungeons & Daddies (Podcast), Craig of the Creek (Cartoon), Honkai Star Rail (Video game), One Piece (Manga), One Piece (Live Action--I know there are some strong feelings on this take, but maybe we'll talk about that in a future blog), Birds of Prey #1 (Thompson, Romero, Bellaire - Comic), Blue Beetle #1 (Trujillo, Gutierrez, Quintanta - Comic), Shazam (Waid, Mora, Sanchez - Comic), Fire & Ice: Welcome to Smallville #1 (Starer, Bustos, Bonvillain - Comic), The Archive Undying by Emma Mieko Candon (Book), Chainsaw Man (Manga), the Original McDonald's Museum.
New Releases this week (9/13/2023):
Sonic the Hedgehog #64 (Editor)
Sonic the Hedgehog's 900th Adventure (Editor)
Announcements:
Becca is at Cartoon-a Palooza in Temecula on 9/15 & 9/16. It's a cool free all-ages little con, so come on out and see them! That's today and tomorrow at time of posting! They've got new stuff!
Becca (and their letterer pal, Duke) has also got a new comic out! It's a short NSFW comic in Midnight Ouevres, the adult part of the Stellar Inflorescence Genshin Impact free zine!
Wanna support me? Consider joining my Patreon!
I have a webstore! And I did, in fact, get a couple extra copies of Beast Wars Vol. 3! But check it out! Limited quantities on everything!
I've still got a few things on my eBay, if you're looking for stuff!
Pic of the Week:
Becca and I were in Vegas a couple weekends ago, saw Weezer. It was fun. But on the way back, we stopped by the Original McDonald's Museum in San Bernadino! It's a fascinating little place, in the building that was built where the first McDonald's was before it was torn down and rebuilt to be a little theater. It's also not recognized by the McDonald's corporation because this is the location the founders kept for themselves when they ultimately sold the rest of the company to Ray Kroc. Anyway, so it's a funky little place with a lot of history and is full of toys and packaging and photos and outfits and this big Grimace suit with Becca!
