#you'd think a lawyer would know more about copyright law!
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britishchick09 · 11 months ago
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jessica mason: "don't use phantom's andre and firmin because they're copyrighted!"
me: "...but firmin in in the original book?"
jm: "you also can't use piangi or gerard carriere or nadir khan..."
me: "but i used those names in the rewrite! they look and act different from their original counterparts so they're not the exact character... oh no....."
cdaae: "names can't be copyrighted. you can use nadir's name as long as you don't copy susan kay's characterization!"
me:
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snakefashion · 2 years ago
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I posted 4,828 times in 2022
98 posts created (2%)
4,730 posts reblogged (98%)
I tagged 2,271 of my posts in 2022
#ace attorney - 616 posts
#dgs - 168 posts
#snakeposts - 100 posts
#aitsf - 70 posts
#dgs spoilers - 65 posts
#bugs - 64 posts
#aini - 58 posts
#fashion - 52 posts
#revolutionary girl utena - 43 posts
#insects - 31 posts
Longest Tag: 135 characters
#and that's why emperor's new groove is the funniest disney film (perhaps film) ever made no i will not be taking questions at this time
My Top Posts in 2022:
#5
dgs2 spoilers
#4
post i still agree with but is worded poorly
#3
renaming him herlock sholmes was such a good decision. you adjust while playing the game but it never stops being funny when you stop to think about it. it attracts attention. people want to know what kind of game would name a character herlock sholmes. the character is immediately distinguished from the other 500 sherlock holmes adaptions, there's no ambiguity, people know you're talking about the gay lawyer game. im obsessed. doyle estate who? copyright law is probably the least important reason behind his name change
105 notes - Posted September 20, 2022
#2
this is petty but im so sick of "we don't need any more x queer stories we need more y queer stories" [specifically i mean in reference to value neutral tropes, not people asking for more diverse representation of identities] because we dont have enough of ANY queer stories why do you have to put down coming out scenes and young characters and artsy media and tragic endings and any number of tropes you've decided are "boring" now, you can say you'd like to see specific kinds of stories without saying there are "enough" or, god forbid, "too many" stories of a different kind
108 notes - Posted September 13, 2022
My #1 post of 2022
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Haven’t seen this on my dash yet god gotta do everything myself
155 notes - Posted September 5, 2022
Get your Tumblr 2022 Year in Review →
can't believe my most popular post was a repost of a meme.
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theseasideskies · 1 year ago
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Ok I've seen these clauses in Terms & Conditions before and the (totally understandable) fear from fan artists that this means it's essentially free labor for the company.
I've also heard from others more familiar with Copyright Law that this is standard phrasing in any Terms & Conditions and it's a lot less scary than most people think.
I want to try and explain this (as best as I can via rambling):
Please keep in mind that my experience with this is just asking lawyers that I know (and YouTube explainers like this one from Tom Scott.) And also that Copyright Law is often intentionally vague and broad.
TL;DR - these clauses are just so TGC can repost fan art on social media as promotion. Since posting on social media legally counts as redistribution, TGC just wants to make sure they can't be sued over that specifically.
As explained here, most types of User Generated Content automatically receive copyrighted status if they're original enough (the legal boundaries between original and reused content from the company are often blurry; again, Tom Scott's video is a helpful guide)
"unrestricted, irrevocable, and universal" just means that the right of the company to redistribute the content isn't limited to specific platforms (Twitter, Tumblr, etc) for a specific time. Crucially, "non-exclusive" right means that you as the creator also have these same rights, and the company can't stop you. Furthermore, the company specifically mentions they have the right to license content for further use, which will often include payment. Again because their rights are "non-exclusive", you have the right to turn any licensing offer down.
If, for example, TGC tries to sell fan art for money or uses it to advertise (which would theoretically generate money for the company) you have the right to take that to court. Whether or not you'd win would be dependent on stuff like how "original" the court finds your UGC to be (again, copyright law is intentionally vague for these situations)
Of course, the legality of these things is totally separate from the court of public opinion. As a business, TGC cares at least a little bit about how we as customers feel about them (insofar as it affects their revenue).
This clause is really just there so TGC can repost art to their social media accounts without risking being taken to court about that, specifically. If we as customers are mad about how far they exercise those rights (reposting without proper credit or even using it to generate new content—or as "concept art") then we can respond by not giving them money.
TGC knows this, and if this clause already allows what's basically free advertising without them needing to direct it; why would they anger their customers more? Of course legally they could (though if this was taken to court then a judge could use the vague copyright law to rule either way based on the specifics of the situation), but as a business they would almost certainly risk a lot there.
It's kinda comparable to that fable about the frog and the scorpion. TGC (the scorpion) has the power to do something potentially harmful to content creators (the frog) and they might even be blameless for it, but the consequences of doing so would hurt the both of them.
holdon hold on hold on we CANNOT gloss over this in TGC’s ToS as i have just learned of
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so like… they’re basically treating fan content as free concept art… wtf???
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