
Harry Shearer Files $125M 'Spinal Tap' Fraud Suit, Copyright Termination - 6stringmerc
http://www.hollywoodreporter.com/thr-esq/harry-shearer-files-125-million-939205
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smhenderson
I'm not a fan of people getting paid for copyrighted works decades after the
work was created but in this case I think Harry has it right. He obviously is
not just looking to cash in on previous revenue that, if he is correct, is
owed to him; there are a couple of paragraphs at the end describing how
Vivendi has done little to nothing to enforce the trademark on Spinal Tap
except when the actual actors/players decided they would like to do something
more with it.

It seems to me that if the original creators want to go out and try something
new with their work and the company managing the licensing of said work is
doing nothing to contribute than they are indeed within their rights to seize
it back.

Copyright law is complicated and IANAL but my layman's reading of this is that
Harry, and the rest of Spinal Tap, have a case.

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paulcole
> I'm not a fan of people getting paid for copyrighted works decades after the
> work was created

Can you explain why exactly?

John August (screenwriter/blogger) wrote about this extensively and his
argument (when it comes to the film industry) is very simple: Most writers
(and by extension actors, etc.) aren't stars or even semi-famous. They get
very few new projects produced and rely on residuals to provide income in
between new projects. Without residuals, screenwriting would only be
accessible to those who are already wealthy.

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imron
> They get very few new projects produced and rely on residuals to provide
> income in between new projects

Let's take 'decades' at its minimum value - 20 years. That's plenty of time to
get another project and if it's not, then it's more likely lack of talent than
lack of wealth that's keeping that person out of the industry.

I agree with the GP. You shouldn't be able to rest on your laurels for decades
from a single piece of work.

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paulcole
> You shouldn't be able to rest on your laurels for decades from a single
> piece of work.

Why not? If people still like the work and are willing to pay for it? People
retire after cashing out stock from a startup. Are you against this as well?

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imron
In the context of copyright, which my reply was about, it's about striking a
balance between rewarding creators and progressing the arts.

In my opinion, extended copyrights like what we have now tilt the balance too
far in favour of rewarding the creator, at the expense of progressing the
arts.

20-30 years is a perfectly reasonable amount of time to profit exclusively
from the distribution of a work. Which is not to say you can no longer profit
from it afterwards, just that opening it up to the public greatly increases
the potential of progressing the arts.

Not to mention, it adds incentive for creators to keep creating even after
making successful art.

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CPLX
For what it's worth Harry Shearer has a pretty fearsome reputation in the
business for being a hardass, about a year ago or so he ended up in a heated
public dispute re his contract with the Simpsons, and he's had some pretty
high profile feuds with collaborators over the years.

Just an interesting footnote, I'm not sure that should do anything to diminish
his side in this dispute, which seems like a pretty reasonable one.

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drzaiusapelord
Apparently society makes progress one angry hardass at a time. When people
like this on the side of justice and progress what they accomplish can be
incredible.

I think we've overly taught to minimize conflict and let things like petty
office politics and passive agressive attitudes rule. Its nice to see someone
go full tilt against something. Even guys I disagree with like Thiel certainly
have the types of skills that get results.

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spiritomb
do anyone feel rock n roll music keeps you 'child'? i.e. keeps you in a state
of arrested development?

~~~
smhenderson
Arrested? No. Makes me feel like a child _sometimes_? Absolutely, that's
probably why I listed to it as often as I do.

