It’s all a bit silly and difficult isn’t it? “Disney” did not create Mickey Mouse or Goofy or any of it really- specific people working for Disney created those characters- those people leave the company or die- so why does Disney get to be the ones who collect the money? A singer writes and sings a song, it becomes famous. They die, their children get to control who can sing the song and can be paid for the song- but what did they do? Be born?
It’s a very human thing- you cut your hair a certain way and then your friend or sibling likes it and gets a similar hair cut- chances are you didn’t think up the style or cut it yourself, but many of us will feel some negative way if someone else is “copying” our clothing style or haircut or makeup or whatever else.
If we have an idea we feel like we “own it” and such most countries have laws about owning ideas-
Laws to allow you to have some control over your idea or to be the sole person who makes money off an idea. If the top song were taken from a bird in a tree, who gets the money? You can usually buy or find or even sit and figure out the notes and tempo and such of a song. With very little money you can buy instruments or equipment or even apps that will allow you to play the song yourself at home- anyone who can work an instrument or write some notes down in a midi file or any number of programs that will play out musical notation can make any song they like, change the lyrics or notes or modify it and mix it however they like. So long as you can produce the sounds used- the hardest part is to reproduce a specific voice. You could always substitute another voice, or in the modern age there are ways to emulate voices with software, and as long as recording and editing have existed you could always get recordings of a persons voice and splice things or overlay etx.
So there are odd questions here. If you eat someone’s food and like it and go home and figure out how to make the same dish- are you stealing? When it comes to ideas of “fair use” the distinction between wether something is “theft” is often a case of wether or not you make money from copying or taking or using an idea or creation. You can make Mickey Mouse shaped cookies for your kids, but if you sell those cookies at a bake sale that is now a crime. Disney will sell you the tool to make your own Mickey Mouse shaped cookies even- there isn’t a document or contract you sign saying that you won’t use the product cosmetically- they’ve made and sold a tool expressly for creating cookies in the shape of a character they own the rights to- ostensibly transferring an assumed right to you to use that tool to create cookies in the shape of their character, but there is a blanket prohibition from using the tool they sold you to make mouse cookies and sell them….
.. but you can of course make Mickey shaped or branded merchandise and sell it. We see all sorts of “character” products from waffles and breakfast cereals to ice creams and cakes and cookies or crackers to pasta and more. But legally there is a difference between buying the tool to make the character from the character owner and buying the rights to sell what you make. Isn’t it implied though in ownership of the tool that you can do what you like with it? If you buy a soup spoon you aren’t legally required to use it to make soup. You can sell the spoon, you can make soup with the spoon and then sell the soup. You can use the spoon to eat cakes or pudding or cereal. You cannot use the cookie cutter to create cookies and sell them though. Rather odd no?
The more we look at IP laws the more they seek to have no logical basis, unless we realize that the logical basis is that they exist simply to protect commerce, or more specifically to protect those who are wealthy and engaged in commerce. In theory the idea is that people won’t create things if they know that they cannot retain the rights to monetize those things. A person won’t design a new type of saw if they know that other people will copy the saw and sell it once it is available. Musicians won’t create new music if they don’t know that they can own and control that music, be the only ones to play it or deceive who can. This is of course hogwash. Humans have made music long before intellectual property ideas even existed. People still copy new inventions because your protections generally rely on a specific and novel aspect of the invention- someone can essentially make a small change and legally it is not a copy anymore.
But there does seem to be something right about it doesn’t there? If you had a great idea at work and your coworker took it and used it first and got all the credit- you would probably be upset. If someone created a song to start their music career and a major record label exec heard the song in a small bar and then jotted it down and gave it to one of their musicians and made an all in that catapulted to the top- you’d probably think that wasn’t right. It still happens with IP law though. How much of any money do you think the artist who comes up with the design of a new Disney character makes every time a doll or figure or such of that character is sold? Do you think the Disney artist who created the character can tell Disney that they can’t use the character they created for a sequel film? Generally not. Generally creators don’t get much money anyway.
Do you think Elon musk sat in a garage with a Lotus Elise and a bunch of parts and tools and made the validation prototype for the first Tesla himself? Think he even touched the thing to work on it? Do you even think his ideas solved the problems or chose the parts or designs to the car? No. Someone else- a few someone’s- had the idea and Musk had the money to make it into a company and saw promise. He became the worlds richest man and the poster boy for Tesla and perhaps even EV. He got a cameo in an Ironman film. Do you know the name of even one of the people who designed the actual car? Who invented it? If you know someone who was an early employee you might know the name of someone who contributed to the teslas- otherwise you probably don’t even know a single name of anyone who actually contributed to the design of the thing.
So it goes. If you make and sell a bunch of little toy Teslas are you robbing money from the designer of the car? Probably not. In an indirect way you might be taking some small fraction of a cent from any employees or share holders of the company, so maybe those designers who still hold shares lose the tiniest amount of income, but not because you stole their idea, because the company that owns the idea loses potential profit possibly. A bit of a distinction. Of course that one makes a bit of sense- a BIT in that it is probably true that a company can’t realistically supply support and materials and funding to someone to invent things and the company gets no guaranteed rights to what is produced. That’s a bit like paying a cook to make you a meal but not having a guarantee you’ll get your money back or any food and just hoping they decide to let you eat something when they are done.
In that sense IP arguments for the “artist” can become a lot like arguments that tipping should be added to the bill automatically because the staff are underpaid. Creators often get little or no money so people often argue that taking that little bit they do get for sales is extra bad- but that does sort of place the responsibility for the lack of payment for creators on YOU vs. the companies and executives and such making huge sums from their work doesn’t it?
An interesting thought. We have lots of IP laws to protect the corporate interests that control these things and ensure executives and companies can profit for the exact reasoning that if it were left to the consumer to exercise some sort of honor code concerning ideas- they would lose money.
But here we have creators who are not seeing money for their creations but few laws to protect their profits from their ideas…
Simply put there isn’t a shortage of new creators. CGI art is a prime example as is most traditional cartoon animation. Animators and creators often work grueling schedules for little pay. Within the last few years there were cases of high profile arson at a major Japanese animation studio because of resentment for this. In the industry animators are widely known to burn out. In Hollywood it is well known and general public knowledge that CGI houses contracted to major pictures often lose money even when a film is very financially successful or the film or CGI are renowned. A well known case is the studio that did the CGI work for the film “Life Of Pi” which went bankrupt from the film. Of course animators also tend to be worked harshly and paid low wages for their work and hours too.
CGI animators burn out but many dream of riches or glamour or are so excited to be part of their favorite films or the industry and the “magic” that they are sucked in and sometimes kept in despite it
When they do burn out there are plenty more people with drawls of fame or wealth or being part of the magic to replace them. Many industries and positions- especially in skilled or creative work- have similar ways- meat grinders that know there is always new talent and people tend to want new now and then anyway. If you have ever seen a show like American idol, even clips etc. you know how many people show up for their auditions. While they usually only show so many and pick a few good and lots of odd or bad ones for comedy etc- there are so many talented singers. Going to any karaoke bar semi regularly can tell you the world is full of great singers and interesting voices and performers. So the artist is somewhat an afterthought in the long run. They may burn out or fall from grace or whatever else and most artists have a prime and few stay populate and profitable for years into decades or more- and the ones that do often do so on marketing not talent alone.
In the tenure of a single recording CEO there may be hundreds or thousands of musicians that pass through the label, some successes and many not. Some long lived and most not. The CEO or the executives and other staff can have careers spanning lifetimes but the artists usually have a shelf life. Every generation tends to have a few artists from the last who manage to stay around but every generation tends to get new icons and artists. Some artists can change to match the times and still appeal to younger audiences as they age but generally crowds of teens aren’t apt to swoon over the 50 year old band their parents swooned over when they were 20. Some exceptions but the Beliebers by and large weren’t likely to have the same response to Hank Williams or an elderly New Kids on the Block etc.
So the studio only has to care so much to a certain point about the artists. Artists are a way to make money. They are as good as the money they make the studio as far as the studio is generally concerned. As long as it is still better than a desk job or the passion to create is stronger than the passion to make money or the thrills and lifestyle suit the star- they aren’t going anywhere even if they are paid poorly comparatively. Shareholders and executives and employees like office bees tend to leave when they aren’t getting paid. Their skills are often more portable and marketable to a wider range of possibilities than “looks cool holding guitar” or “can hit notes that break glass.” If you want to be a rock star or pop star- where else are you going to go? If you want to transition to film or producing or create a brand for retail etc- the name recognition a music career brings has few other paths to achieve the connections and following.
It seems funny to say but often “actor” or “singer” etc. is sort of an entry level job. A way for someone who otherwise could t have to get into producing or directing or other business avenues outside of being “the talent.” Most wealthy celebrities with staying power have always done just that- they produce and invest and discover and manage new talent etc. they start their own labels or their own production companies or studios and such. They move into directing where the potential to get larger cuts of profits and ownership of IP often exist.
It’s a very human thing- you cut your hair a certain way and then your friend or sibling likes it and gets a similar hair cut- chances are you didn’t think up the style or cut it yourself, but many of us will feel some negative way if someone else is “copying” our clothing style or haircut or makeup or whatever else.
If we have an idea we feel like we “own it” and such most countries have laws about owning ideas-
An interesting thought. We have lots of IP laws to protect the corporate interests that control these things and ensure executives and companies can profit for the exact reasoning that if it were left to the consumer to exercise some sort of honor code concerning ideas- they would lose money.
But here we have creators who are not seeing money for their creations but few laws to protect their profits from their ideas…
CGI animators burn out but many dream of riches or glamour or are so excited to be part of their favorite films or the industry and the “magic” that they are sucked in and sometimes kept in despite it