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Old 11-20-2020, 09:14 AM   #11
thorr-kan
 
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

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Originally Posted by Žorkell View Post
Pacta sunt servanda. It's older than the US.
Truth. But having only a passing familiarity with others' laws, I'm gonna just snark about the ones I'm familiar with.
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Old 11-20-2020, 08:22 PM   #12
Alden Loveshade
 
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

I've known a number of people who have worked for Disney in one capacity of another (Jungle Cruise pilot at Disneyland, choreographer, character walking around the park, janitor, writer, etc.) All of them said Disney was a great company to work for.

But corporations change. And Disney ought to seriously think about changing this. An Internet search for "Disney not paying royalties" yielded dozens of results (I don't know how many; I stopped counting). The bad publicity from this is bound to cost them more than the royalty payments would. Somebody needs to tell that to Uncle Scrooge.
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Old 11-21-2020, 12:34 AM   #13
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

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Originally Posted by Alden Loveshade View Post
I've known a number of people who have worked for Disney in one capacity of another (Jungle Cruise pilot at Disneyland, choreographer, character walking around the park, janitor, writer, etc.) All of them said Disney was a great company to work for.

But corporations change.
Disney's been obnoxious about copyrights for decades. It's a big company, it can perfectly well be a good place to work and also legally unpleasant.
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Old 11-21-2020, 02:02 PM   #14
Alden Loveshade
 
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

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Disney's been obnoxious about copyrights for decades. It's a big company, it can perfectly well be a good place to work and also legally unpleasant.
Disney has been insistent on protecting its copyright (I honestly don't know enough about how they've handled that to have an opinion one way or another). The American network NBC program Saturday Night Live has done several parodies/satires of Disney, and as far as I know has never been sued by Disney.

But to me, not paying an author royalties is a different issue.
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Old 11-21-2020, 05:29 PM   #15
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

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Originally Posted by Alden Loveshade View Post
The American network NBC program Saturday Night Live has done several parodies/satires of Disney, and as far as I know has never been sued by Disney.
Parody and satire are both protected under the First Amendment, although it helps if you're big enough that nobody wants to bluff with a C&D threat of lawsuit. See my example above of George Lucas himself happily serving individual fans with a C&D when they made a Star Wars parody that contained adult humor material... but then remained curiously silent as Vivid Entertainment produced an outright unashamed adult movie based explicitly on Star Wars (with clear reference to Star Wars by name in its title, no less).

The threat of a frivolous lawsuit is enough to bankrupt the little guy even if they would win. It's usually less effective against a well funded organization with deep pockets and a large war chest.

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But to me, not paying an author royalties is a different issue.
Agreed - this appears to be a constructive fiction whereby Subsidiary A purchases all the IPs, warts and all. Then Subsidiary A sells only the assets (and none of the liabilities) to Parent Corp B, who then is attempting to claim that it can enjoy all the assets and is exempt from paying any of the liabilities.

Subsidiary A is then left as a shell company with no ability to actually pay the liabilities.

This would be so destructive to continued trust in contract law that I'd be surprised if any court upheld it, regardless of state of jurisdiction.

Another, perhaps more human, explanation may be: Disney may have suffered some human error in its chain of legal handling, meaning that somebody inside forgot either some legalese requirement in the contract, or forgot to execute the royalties payments, and now is trying desperately to save their own position by attempting to wag the dog, causing the entire business to take an unnecessarily hostile and untenable contract position.

Who knows, I'm watching with interest.
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Old 11-24-2020, 07:01 PM   #16
J. Durr
 
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Default Re: November 19, 2020: The Mouse Tries To Rewrite Copyright Law

Antitrust action against media corporations.
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