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Fenixp: I have made over a half of web-application that will soon be deployed for a widespread use. I will not see a cent from it once I leave the company. Am I angry about it? No, I got paid for my work.
If you work for a company, you freely signed a contract in which you accept all the details about how your art can and will be used but if you are a freelancer, you make your own contracts with clients, very different situation.
Some of my friends happily work at big studios where they are under such strict NDA that they can't show me or even their own family what they're working on (or else they'd have to kill me, I presume) and others are freelance which means you haven't got all the sweet benefits of company employment (Pixar e.g. has an awesome tennis court/various restaurants/gym etc in return for owning your stuff) but freelance allows for more freedom, it's always a major bit of a trade-off, hard to have it all in one place.
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yellowblanka: The article makes more than a few good points, I'd suggest reading it. Heavy-handed copyright policies are suppressing culture, and its ironic given that much of popular culture is so heavily influenced by every other bit of culture around us, the typical game is suffuse with movie, literary, popular culture references as well as using popular music, voice actors etc.
How is it suppressing culture? Just because someone cant write a sequel to someone's elses novel, that is supressing culture? More like promoting it, as it encourages real creative work, making something for yourself.

References and influences is a totally different thing. Everything is intertextual. Everything that you create or even think is an intricate mosaic, an outcome of all the things that you've experienced in life, all the movies, games, books, songs, paintings etc.

Even if you're not conscious of it.

Every creative work is made thanks to the cultural heritage we have + individual experiences.

But that hardly changes anything.
Post edited February 03, 2014 by DrYaboll
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awalterj: ...
Fair enough, I have actually worked as a freelancer for a prolonged period of time as well. It didn't really work all that differently: I found a client (or a client has found me) and we've agreed on an arrangement. Contract work is how artists worked for centuries - you know, even back when copyright wasn't even a word yet - and they have lived. Why do you think you should be any different?

You have yourself said that there's not really much you can do to protect your works, as opposed to big companies which have a complete upper hand in that area. If that is the case, how exactly does copyright help you, and how would you be hurt if any of your works became public domain in 20 or 30 years?
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Fenixp: how exactly does copyright help you, and how would you be hurt if any of your works became public domain in 20 or 30 years?
Again, why should it become public domain, you should be the one to profit from your work.

If you write a book, you should be getting paid for it indefinitely, get some royalties.

Unless of course, you're not interested in it.

I think the compromise to be made is to make sth public domain, lets say even after these 20 years, if you have no interest in it.
Eg. you dont write sequels, the book have been out of print for quite some time, you cant buy it anywhere anyway; basicly, a situation in which it seems as if you've completely forgotten about it.

This way, some obscure works, about which nobody seems to care about, could become public domain, for everyone to enjoy (although it wouldnt mean much anyway, as nobody seemed to care about the stuff).


edit:
Although I still think it wouldnt be quite right.
You write a book, 20 years later someone decides to make a movie out of it - why shouldnt you get paid for someone using your book as a basis for a film?
Post edited February 03, 2014 by DrYaboll
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Fenixp: Fair enough, I have actually worked as a freelancer for a prolonged period of time as well. It didn't really work all that differently: I found a client (or a client has found me) and we've agreed on an arrangement. Contract work is how artists worked for centuries - you know, even back when copyright wasn't even a word yet - and they have lived. Why do you think you should be any different?
Copyright infringement is not a modern phenomenon, it didn't take long for people to look at the newly invented printing press and start having devious thoughts. But because historical chronicles prefer to showcase more interesting topics such as the burning of witches & heretics, one could be mistakenly led to think it wasn't an issue, at all. It's like with modern news, if an airplane drops out of the sky it certainly makes for better news than if some artists got ripped off. People studying 21th century history in the far future are most likely not going to think of our present copyright issues as anything even remotely significant but that doesn't mean it's a non-issue for those involved in it right now.

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Fenixp: You have yourself said that there's not really much you can do to protect your works, as opposed to big companies which have a complete upper hand in that area. If that is the case, how exactly does copyright help you, and how would you be hurt if any of your works became public domain in 20 or 30 years?
Your logic is sound but I didn't want to make it seem like one has zero chance, it's just a huge hassle to defend yourself as an individual. In a perfect world, no copyright laws would be necessary because people would be decent and have at least some basic respect for each other, meaning you make the small effort of finding out who holds the rights to something you intend to use directly and commercially (research is easy with the internet, used to be way more of a hassle back in the day) and ask for permission if you can use something.
I've met people who honestly believed that you can do anything you like with anything you find on the internet, because "well, it's on the internet so it's free to use". They don't understand that some photographers, programmers and graphic designers etc are specialized on licensing their work and that's pretty much the only way they make money in some cases.

The biggest problem isn't a lack of laws but a lack of basic respect. It should be taught to people while they are kids but human nature is such that even the best upbringing can give no guarantees. So how to enforce basic respect in any way that doesn't result in total blood feud anarchy on one hand and police state on the other hand? Now if you can figure -that- out you'd be a genius, I certainly can't. I agree with you that current copyright laws aren't satisfactory, but not because they are too strict. Rather, because they offer insufficient protection to the small fellow. So yes, I would like to see some changes but instead of tearing down the big companies strength I'd like to see more support for small and medium businesses.
Post edited February 03, 2014 by awalterj
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Crosmando: No, I definitely think intellectual property exists and should be protected.
Oooooooooohhhhhhhhhhhhhh, so now you think intellectual property should be protected? That's quite ironic. Weren't you the one defending piracy for Steam games in a another thread? Talk about hypocrisy.
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Crosmando: Video game developers and publishers pay up to millions of dollars producing computer games, employing people to make it - including those that write the code, those making levels, etc. They own those games, because they paid for them to be made, it's not a hard concept to comprehend.
OH REALLY?
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post357

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Crosmando: What gives the right for "the public" or anyone for that matter to have rights over something they did not pay for, and thus have no legal rights to?
Oh yeah?

http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post4
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post24
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post28

I love this smell of hypocrisy in the air. You didn't care about intellectual property before but now you do? Yeah, right. You never cease to amaze me, Crosmando.
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Crosmando: It's easy to have an opinion and to want free stuff when you aren't the one paying for it.
No shit.

http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post4
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post357
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post28
Post edited February 03, 2014 by Neobr10
low rated
You are a creepy stalker, and I have a mind to report your post for it. But you are showing it yourself by digging up my old posts.

You didn't care about intellectual property before but now you do? Yeah, right. You never cease to amaze me, Crosmando.
IP and DRM are not directly related. Not liking DRM, and wanting to actually own the copies of games I buy, has nothing to do with individuals and companies owning the intellectual property of their products.

I own my copies of Planescape: Torment and Baldur's Gate here on GOG.com, but I don't claim to own the assets, code, writing (story/plot), characters of those games. I don't think in 5 years time that PST should become public domain and I should have the right to make Crosmando's Planescape Torment 2: The Blood War Continues, and for it to be an official and canon product, and be able to actual sell and profit from it.

This thread had nothing to do with DRM. "Piracy" isn't theft because digital products aren't a scarce resources, and they aren't diminished by being copied and distributed without authorization. But taking the assets, code, writing (story/plot) of a game/game series and then being able to make an official sequel (because it's not public domain) and then profiting from it, is completely and utterly different. If you think a single digital copy of a game, and the assets, code, characters/story and everything IN THAT GAME, are the same thing, you're deluded.

I simply do not think a creator should lose the rights to their intellectual creations after 20 years (or even in their lifetime, for that matter).

If I buy an e-book, I own that copy of the book, I don't have the right to copypaste the text and plagiarize it and sell it as my own work, or use all the characters/story/setting and make a sequel without the authors approval.

You fail on every imaginable level, and you're a common moron, fuck off.
Post edited February 04, 2014 by Crosmando
Wouldn't it hurt GOG the most if older games were made into freeware? Maybe I am wrong, but I get the impression that RPS has a very strange, and strong, anti-GOG bias, and I've never really understood the reason for it.

Regardless, while I like the idea of free games, I also would like GOG to have a secure future; to me, it's the best place to get low prices on DRM-free games, and not just older games. So, hopefully GOG can figure out what to do with itself in just such an eventuality, where some of its hot selling games are made freely available.
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cmdr_flashheart: Wouldn't it hurt GOG the most if older games were made into freeware? Maybe I am wrong, but I get the impression that RPS has a very strange, and strong, anti-GOG bias, and I've never really understood the reason for it.

Regardless, while I like the idea of free games, I also would like GOG to have a secure future; to me, it's the best place to get low prices on DRM-free games, and not just older games. So, hopefully GOG can figure out what to do with itself in just such an eventuality, where some of its hot selling games are made freely available.
They can't just make something into freeware, they don't own the rights to the games. They would need an agreement with the publishers, etc.
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catpower1980: I wasn't the only one to raise my eyebrow when during the last GOG sales, some RPS editor was crying that GOG sold games which should be on the free public domain for culture's sake. There has been some backlash and now they're at it again with a lenghty article. If you have too much free time, you can read it here:
http://www.rockpapershotgun.com/2014/02/03/editorial-why-games-should-enter-the-public-domain/
I won't debate on it because "didn't read lol" but it might interest a few people here.
GOG doesn't really have any say in how many years existing copyright law grants authors of creative works exclusive rights on their creations. GOG just sells things they've got a legal license to sell due to relationships with authors of creative works.

I personally believe that existing copyright law has greatly excessive lengths of time on exclusive rights for authors of creative works. I'm not sure what exactly a reasonable time frame is and it might even vary from one type of content to another, it's hard to say. That's a discussion that future copyright reform people need to discuss at great length.

But right here right now, copyright law is what it is whether anyone likes it or not and the authors of creative works have exclusive rights to their works for very long periods of time and they're free to sell them wherever and however they wish more or less. When it comes to video games, some have chosen to sell their works on GOG.com, or GOG.com has approached them to try to convince them to sell their products here and I don't see any problem with that.

People who feel strongly about this really need to direct their energy on the problem itself, which is not GOG.com, but poorly thought out copyright laws. GOG has zero power to force some game to become public domain unless they themselves are the sole copyright owner of the given game, so what GOG does is rather irrelevant.
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awalterj: A nurses' work is harder than the stuff most artists do so why doesn't a nurse get remuneration every time you healthily get up in the morning, years after the nurse treated you? Or the construction worker, why does he or she not get paid a couple cents every time I use my house?
Not quite the same situation as when you're printing and selling role playing books with my art and making a direct profit from my work so I don't know how to answer this question.**
It's a good and perfectly valid question but that's a whole new topic you'd be opening there. It's a fact that payment across the professions is neither proportional nor fair in any way shape or form. And I have no answers for that, truly I don't but I'm not here to debate fairness of payment between the various professions.
It is the same situation, because whether it's developers with games or software, musicians witn music, nurses and doctors with lives saved, or architects with buildings, beneficiaries are still reaping the benefits of the 'creator's' work years down the line.

It's all about the work ethic, and the mistaken belief that you should be able to continue profiting from a single unit of work indefinitely.

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awalterj: ***btw licensing images is not that expensive. And 99% of all artists don't sit at home lazily collecting royalties from previous work. It helps to add a bit of revenue and for starving artists any revenue is essential. Getting rich off royalties only applies to a select few artists.
I know it's not, but it's not exactly cheap either. Most up-front licence fees for images for commercial use fall into 3 or 4 digit figures. If you're getting less than that, you're doing something wrong.

Now, I'm going to assume that your point of contention here is with people's use of your photos for commercial use without your permission. Assuming you've only just created it, that's certainly a case for a lawyer. If you can't afford a lawyer, that's sad, and that's bad, but weakening or strengthening copyright rules has nothing to do with that. That's simply attributable to a lack of demand for your work.

The expectation that people should get rich of their work is a major fault in the creative industry nowadays. It's reasonable to expect a living income, yes, and many people do make a decent living out of creating stock photography and promotional music. And it's very true that very few people actually rich, but again, the same holds true to many other professions. Some people simply get lucky - often undeservedly - but that does not give anyone the automatic right to collect tens of thousands in royalties a month.
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Crosmando: Video game developers and publishers pay up to millions of dollars producing computer games, employing people to make it - including those that write the code, those making levels, etc. They own those games, because they paid for them to be made, it's not a hard concept to comprehend.
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Neobr10: OH REALLY?
http://www.gog.com/forum/general/steam_offline_mode_not_really_offline_anymore/post357
Crosmando hates it when people refer him back to previous posts of his that are completely inconsistent with current posts (calling people stalkers for doing it seems to be one of his favourite things). It's happened at least 3 times in the last couple of weeks that I have noticed (not that I am stalking). Quite hilarious actually.
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htown1980: Crosmando hates it when people refer him back to previous posts of his that are completely inconsistent with current posts (calling people stalkers for doing it seems to be one of his favourite things). It's happened at least 3 times in the last couple of weeks that I have noticed (not that I am stalking). Quite hilarious actually.
Well, it is consistent, but not in an entirely flattering way. His defence of copyright actually has nothing to do with creator rights and everything do to with how he believes literary works to be inviolable and how copyright is the only defence against dastardly derivative works that he deems to be unworthy and should be burned.
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htown1980: Crosmando hates it when people refer him back to previous posts of his that are completely inconsistent with current posts (calling people stalkers for doing it seems to be one of his favourite things). It's happened at least 3 times in the last couple of weeks that I have noticed (not that I am stalking). Quite hilarious actually.
As I mentioned above, being against DRM is completely different than supporting intellectual property rights. If you think they're the same thing, you must be deluded.

Please explain how me not wanting DRM on games I buy has anything to do with wanting authors and creatives to not have their creative works violated by glorified hacks and fan-fic writers by forcibly making it "public domain" after 20 years.

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jamyskis: Well, it is consistent, but not in an entirely flattering way. His defence of copyright actually has nothing to do with creator rights and everything do to with how he believes literary works to be inviolable and how copyright is the only defence against dastardly derivative works that he deems to be unworthy and should be burned.
I don't find derivative works "unworthy", but they should only exist with the official and explicit approval of the owner of the original work. It makes perfect sense that an author shouldn't be able to steal the characters, setting and plot of someone's else book 20 years after it's published, and use it to make money. Not without getting the permission of the owner/s or having to pay royalties or a license for using their work.

Again, this comes down to what I said at the start of this thread:

What do you mean "resurface", all these games are freely available on abandonware sites. Having games in the public domain is not a guarantee that they won't fall into obscurity, either way sites will host them for download.

In fact, there's an argument that having them officially licensed and re-released on GOG does more for old games being lifted out of obscurity, because GOG is able to package them with DOSbox and get them running, also GOG comes with us, the community. Having a game in the public domain means private individuals/websites will be hosting the old game files, and they aren't likely to set it up in DOSbox or whatever like GOG does.

There's no evidence that having games in the public domain would preserve them any more or any different than they currently are by dedicated abandonware sites, public domain guarantees nothing - only dedicated fans who want to preserve old games will do it - GOG included.

Also RPS might as well by bashing their heads into a wall regarding copyright. Copyright laws are not going to be changing any time soon ("soon" as in this century).
1 Public domain would not mean old classic games would be better preserved, abandonware sites are already doing this, and doing a good job of it.
2. But what it would result in is heaps of "official" derivative works which completely shit all over the established canon, lore and story of the original in order to make a quick buck, ie fan-fiction that can be sold. These derivative works could very badly damage many great works.
3. This discussion is irrelevant, because massive changes to copyright/public domain/intellectual property law are not going to happen in our lifetimes, I'll guarantee you that, there's way too many interests involved, ESPECIALLY in the US and so on an international level nothing will change. If you think some lame RPS article is going to change the world, you are deluded. It ain't going to change, and that's a good thing.
Post edited February 04, 2014 by Crosmando