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LoTR Lawsuit Threatens Hobbit Production

eyrieowl writes "J.R.R.'s heirs are suing for royalties on the LoTR films. Apparently they haven't gotten any money due to some creative accounting. Peter Jackson ought to understand...he had to sue the studio for much the same reason. As for The Hobbit? FTFA: 'Tolkien's family and a British charity they head, the Tolkien Trust, seek more than $220 million in compensation...[and]...the option to terminate further rights to the author's work.'"

427 comments

  1. Threatening Hobbit Production... by Tetsujin · · Score: 4, Funny

    You know, if I were a Hobbit, I wouldn't let any lawsuit threaten my Hobbit-producing activities...

    --
    Bow-ties are cool.
    1. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 0

      Ah the imagery.

    2. Re:Threatening Hobbit Production... by mcrbids · · Score: 5, Informative

      Unfortunately, you aren't a Hobbit, and this kind of stuff is so common it has it's own name and Wikipedia entry. Look up Hollywood Accounting. It's pretty simple and extremely sleazy. Remember that profits are simply income minus expenses. If you make $100,000 but it costs you $40,000 in expenses, you have $60,000 in profits.

      Most movie earnings are reported in gross sales. Profits are slim, on purpose.

      Let's say you are a Hollywood producer.

      1) Make a deal with somebody to "share the profits" by using their idea.
      2) Produce the movie by hiring sub-contractor "companies" that happen to have you has the CEO. These "companies" are very expensive, and payed based on gross sales.
      3) Movie gets produced, makes record sales.
      4) The "companies" previously hired are payed based on the sales numbers, leaving no money left to call a "profit".
      5) ???
      6) Screwed partner makes nothing because there are no profits to share.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    3. Re:Threatening Hobbit Production... by Lumpy · · Score: 1

      Has Stan-Lee even been paid for any of the spiderman movies?

      Last I knew they were pulling that age-old BS on him as well.

      never EVER take net points with a movie. gross points are the only ones of value as no movie EVER makes money due to hollywood accounting.

      --
      Do not look at laser with remaining good eye.
    4. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 0

      I thought all the studio's cared about was the artists? That was why we have the RIAA and DMCA. How is thsi different from piracy? In both cases the artost gets hosed I woudl say. The difference is in this case it is some big companies stealing millions instead of millions of fans stealing a few dollars. I would think the artist woudl prefer the fans gettign something. They shoudl charge the companies more than 2,000 times the value for each instance of creative accounting.

    5. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 4, Funny

      ah...good ol uncle adolf. How we miss him.

    6. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 1, Informative

      Tolkein actually had a share of revenue, not profits. 7.5% of revenue - (2.6 * costs). Somehow with $6 billion revenue, the movie costs are $2.3 billion!

      I want to see the New Line Cinema aircraft carrier that was charged to this account.

    7. Re:Threatening Hobbit Production... by BobMcD · · Score: 1

      I thought he sold off his rights a long time ago...

    8. Re:Threatening Hobbit Production... by CodeBuster · · Score: 1, Interesting

      Yes, but surely the Tolkien estate knew this before they began negotiations with New Line, Jackson, and anyone else in the Hollywood, right? As you have said, Hollywood is infamous and notorious for this type of dealing , which is why everyone who gets a percentage gets a percentage of the gross sales rather than the "net profits" (which are always zero or as close to zero as they can possibly be for IRS and state tax purposes). I find it hard to believe that the Tolkien estate could be so naive about how Hollywood works. No, they probably did negotiate a share of the gross and some other merchandising percentage (which is where Jackson had his disagreement if I recall correctly), but now New Line is probably saying that the gross from merchandising or other non-dvd and box office sources, which may be harder to quantify, is smaller than expected. A lawsuit, with some sort of settlement, may be a foregone conclusion now just so that each side can say that they did their best to get the best deal they could for their shareholders or trustees on an amount that was uncertain.

    9. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 1, Funny

      I'm Steve Ditko, you insensitive clod!!

    10. Re:Threatening Hobbit Production... by Solandri · · Score: 5, Insightful

      Kinda makes all their protestations about piracy ring hollow. How dare someone else screw them out of a profit.

    11. Re:Threatening Hobbit Production... by sjames · · Score: 5, Insightful

      Brought to you by the same people who are so deeply concerned that someone might copy a movie without paying for it. Of course, the whole industry in Hollywood started out dodging Edison's patent royalties.

    12. Re:Threatening Hobbit Production... by strikeleader · · Score: 1

      Seriously, I have two words for you, "Spell check".

    13. Re:Threatening Hobbit Production... by lorenlal · · Score: 1

      Well, if the Tolkiens ever have a hard time getting New Line in court, they could fire up BT and start downloading their movie over and over again. They could air all their differences then....

    14. Re:Threatening Hobbit Production... by Dragonslicer · · Score: 2, Interesting

      I think I can fill in ??? on this one. From the stories I've heard, expenses from completely different projects can get charged to your film, reducing the profit even farther.

    15. Re:Threatening Hobbit Production... by Trahloc · · Score: 1

      And Edison screwed Tesla, so yeah apparently they all suck.

      --
      The Goal: A long simple life filled with many complex toys.
    16. Re:Threatening Hobbit Production... by Gutierrez · · Score: 3, Interesting

      "Always ask for a piece of the gross, not the net. The net is fantasy.", Freakazoid to Bo-Ron, Next Time, Phone Ahead

      Saturday morning cartoons really were educational television.

    17. Re:Threatening Hobbit Production... by __aasqbs9791 · · Score: 2, Informative

      And this is apparently one of them:

      "The heirs also question expenses, according to Eskenazi, including an advance payment to an unnamed principal in the âoeLord of the Ringsâ films for an unrelated project, and a $1 million completion bond charged against gross receipts for each of the three films, even though a bond was issued only on âoeThe Fellowship of the Ring.â The studio also deducted a distribution fee for the home-video market, she said. "

    18. Re:Threatening Hobbit Production... by sesshomaru · · Score: 1

      Typical sex-crazed Hobbit! What are the part Hobo part Rabbit?

      --
      "MIT betrayed all of its basic principles."
    19. Re:Threatening Hobbit Production... by eleuthero · · Score: 1

      This whole mess reminds me strangely of a sad mix of the Merchant of Venice and Hamlet and the biblical book of Deuteronomy--I think people stealing from others when no one is looking too closely is a bit old...

    20. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 0

      It seems like a reasonable thing to me. Tolkein family got screwed by not getting any profit so they want to get some of the share. And it's not unreasonable to want more control to threaten to shut down the Hobbit if they try to screw them on that movie as well.
      However, they're talking about $220 million... which seems really greedy, except maybe they're going to use it for their charity (haha, yeah right?).

    21. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 0

      On the other hand, the studio actually contributed to getting the movies made rather than attempting to live off the works of a long-since-dead relative. So what we have here is really a situation where two entities that use flaws in our legal system are fighting over money that neither really morally deserves.

      Screwing over actors and directors is one thing...I'll side with the artistic types that actually make the movies any day of the week. But when it comes to someone trying to live off the legacy of their successful ancestor, I have very little sympathy. Boo hoo...get a job like the rest of us.

    22. Re:Threatening Hobbit Production... by b4dc0d3r · · Score: 1

      Funny, it reminds me of any Seymour Butts movie.

    23. Re:Threatening Hobbit Production... by Boronx · · Score: 1

      This is strange. Since Carrie Fisher asked for and got a fraction of a percent of the gross of Starwars, I'd thought that kind of deal became standard. What kind of idiot nowadays would settle for profits?

    24. Re:Threatening Hobbit Production... by billius · · Score: 3, Informative

      Indeed. To quote Babylon 5 creator J. Michael Straczynski, "Basically, by the terms of my contract, if a set on a WB movie burns down in Botswana, they can charge it against B5's profits." That's how you avoid paying someone who has made you $1 billion.

    25. Re:Threatening Hobbit Production... by Dragonslicer · · Score: 1

      Indeed. To quote Babylon 5 creator J. Michael Straczynski, "Basically, by the terms of my contract, if a set on a WB movie burns down in Botswana, they can charge it against B5's profits." That's how you avoid paying someone who has made you $1 billion.

      Yup, that's my source.

    26. Re:Threatening Hobbit Production... by jbezorg · · Score: 1

      ... Hollywood Accounting...

      Who are the pirates now?

      Full speed ahead, Mr. Cohen!

      Up, up, up your premium. Up, up, up your premium.
      Scribble away!
      Up, up, up your premium.
      And balance the books.
      Up, up, up your premium.
      Scribble away!
      Up, up, up your premium.
      But manage the books.
      Up, up, up.

      It's fun to charter an accountant
      And sail the wide accountancy,
      To find, explore the funds offshore
      And skirt the shoals of bankruptcy!

      It can be manly in insurance.
      We'll up your premium semi-annually.
      It's all tax deductible.
      We're fairly incorruptible,
      We're sailing on the wide accountancy!

      Oh, this is fun, Mr. Cohen!

      Sail away!...

      Up, up, up...

      Fetch me another exotic salute. To port! Bring her port to shell out! And the medium guys shell out to port! Balance the books! Bring me another small shellfish, Mr. Cohen...

      --
      I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
    27. Re:Threatening Hobbit Production... by Anonymous Coward · · Score: 1, Insightful

      That is why no matter what you do, no matter in what sector you work, you must always demand a share of revenues not profits. Seriously people, revenues, not profits. I'm going to repeat it again in case you ever are in a contract negotation... revenues not profits. Also, you want a linear scale, not a sliding scale the "rewards performance" Such sliding scales are always set so that you only get a share at unrealistically high sales volumes. So again, here is what you always insist on: % of revenues, at a flat rate. Anything else is a non starter.

    28. Re:Threatening Hobbit Production... by mdwh2 · · Score: 1

      Whilst I don't have much sympathy for the movie companies, the Tolkien family are behaving on the same side as them, demanding vast amounts of money and rights to restrict other people from producing content, when they had nothing to do with creating the LOTR.

      If anything, they're worse. At least when the movie companies whine, the people whining did create those films. This would be like in 50 years' time, the descendants of some movie exec whining about film piracy, of a film that they had nothing to do with creating.

      Or a better analogy now would be Disney whining about Mickey Mouse becoming public domain, when no one in the company today was involved in the original production. All of them are talking nonsense.

    29. Re:Threatening Hobbit Production... by mdwh2 · · Score: 1

      Except the artist in this case is long dead, and has been buried in a field in Oxford for the last 26 years...

      The only people involved now are vultures who, rather than getting a job like the rest of us, are trying to take vast sums of money off of people who are trying to work at creating movies. And don't think that this is just coming from the "evil movie companies" - increased costs will ultimately be paid by you when you go to the cinema or buy the DVD (assuming they give "permission" for the film to be made in the first place).

      It's a good thing Shakespeare's descendants aren't still around owning the copyright - imagine them making millions off of anyone who tries to use one of his plays, and even being able to dictate what people are allowed to produce?

    30. Re:Threatening Hobbit Production... by adona1 · · Score: 1

      I believe he was talking about the film studios, not Tolkien's heirs. As for $220 million - I'd say that's the opening bid in a haggle in court...doesn't make sense to start at what you actually want.

      --
      Between the falling angel and the rising ape
    31. Re:Threatening Hobbit Production... by Fulcrum+of+Evil · · Score: 1

      never EVER take net points with a movie. gross points are the only ones of value as no movie EVER makes money due to hollywood accounting.

      They've found a way around gross points too: sell rights to a subsidiary with closed bidding for under market rates. You don't get to totally screw the artist, but you can reduce his payout substatntially.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    32. Re:Threatening Hobbit Production... by sjames · · Score: 2, Interesting

      I was looking at the other side of the coin where the very laws Hollywood bought are what made them have to deal with the estate. So when Hollywood whines, they're whining because they got their way. Soon enough they'll whine for another extension followed by whining about having to pay someone else for an idea that would otherwise be public domain.

      At least the Tolkien estate keeps it's story consistent.

      I can't say I have a lot of sympathy for either side, but I can't help a little snicker at Hollywood's expense since they did it to themselves.

    33. Re:Threatening Hobbit Production... by torkus · · Score: 1

      Ya know...while the gubbermint is out taxing things like FAST FOOD maybe they should send a few cronies over to hollywood and open a few books.

      When you include fines and penalties (and royalties due) they'd be owned (literally).

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    34. Re:Threatening Hobbit Production... by h3llfish · · Score: 1

      There are other ways to screw content creators out of their "points". When Fox sold the syndication rights to The X Files, they sold them to themselves (F/X network)... for cheap. That meant that there wasn't nearly as much profit to share with David Duchovney and others who had a share coming to them. Series creator Chris Carter sued Fox, which is one of the reasons the second X Files movie took so long to get started.

      The thing is, this suit is not being initiated by the creator of the original content... this is his descendants wanting money for work that their ancestor did in 1937. I'm all for providing incentive for people to create original works, but this is ridiculous. No one deserves unearned income for work that grampa did 75 years ago. The copyright clause of the US constitution says that copyrights should be for a "limited time". I think that 75 years is functionally an unlimited time, given that it is very close to the average life expectancy for a person. Wouldn't 25 years or even 50 have been plenty? Would anyone suggest that if copyrights were only for 50 years, Tolkein would never have written his books? Preposterous!

  2. Damn leeches by geekoid · · Score: 4, Insightful

    These books should be public domain by now.
    God damn extended copyright might kill another production.

    Ob. quote:

      "Is that a Hobbit over there?"

    "No, it's a hobo and a rabbit, but they're making a hobbit."

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Damn leeches by MindKata · · Score: 4, Interesting

      "extended copyright might kill another production"

      No, its the greedy, self serving, money grabbing, Narcissistic, control freaks who so often seek powerful jobs in big companies like Time Warner who are to blame (as usual). Their Narcissistic self interest at the expense of others forces people to finally take action against this kind of unfair treatment. They have tried for years to get some kind of fairness out of Time Warner.

      --
      There are 10 kinds of people in the world... those who understand binary and those who don't.
    2. Re:Damn leeches by Boomerang+Fish · · Score: 1

      From a cursory reading of the article, this isn't about copyright but about a contract the studio had signed years ago.

      AFAIK & IANAL, but I don't think a contract, freely signed, expires just because copyright does, unless of course there is a clause in there stipulating it.

      --
      I drank what?

    3. Re:Damn leeches by SatanicPuppy · · Score: 1

      While I despise Christopher Tolkien for shamelessly milking his dads work, I can't see how you'd blame him for suing when they didn't pay him a dime for the first three movies.

      They made a deal, and, as with Jackson, they tried to claim that they didn't make any cash so they didn't owe him anything. Give me a fricking break.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    4. Re:Damn leeches by gfxguy · · Score: 4, Insightful

      If they didn't have extended copyright, they wouldn't have needed a contract to begin with. That's what he's saying.

      --
      Stupid sexy Flanders.
    5. Re:Damn leeches by mcgrew · · Score: 4, Funny

      Agreed, it should have been in the public domain when I bought my copy of the trilogy in 1970.

      They're building one of those "Habitat Houses" down the street from me, and I wondered to my daughter if all the workers had tattoos of hobbits on them.

      "Why?" she asked.

      "Hobbit tat for humanity".

      Ok, I'll get my coat...

    6. Re:Damn leeches by SCPRedMage · · Score: 1

      Whoosh.

      If the copyright on The Hobbit had expired, nothing could stop Time Warner, or anyone else for that matter, from making a film adaptation of the book.

      --
      My sig can beat up your sig.
    7. Re:Damn leeches by the+eric+conspiracy · · Score: 1

      The author was still alive in 1970. Why do you think the copyright should have expired by then?

    8. Re:Damn leeches by e9th · · Score: 1

      Tolkien lived until 1973. Should it have gone PD in his lifetime?

    9. Re:Damn leeches by Freetardo+Jones · · Score: 2, Insightful

      Exactly. They'd be even more free to screw people on the movie profits as they've already done! It's hilarious to see so many people on here actually defending a studio has screwed people who have worked on these films out of money and is a prominent RIAA member. The hypocrisy of this thread is astounding.

    10. Re:Damn leeches by The_mad_linguist · · Score: 1

      There's a bit of dispute over whether or not the Lord of the Rings was ever covered by copyright in the US at all.

    11. Re:Damn leeches by Chris+Burke · · Score: 5, Insightful

      These books should be public domain by now.
      God damn extended copyright might kill another production.

      I agree the books should be in the public domain. But let's be honest here -- it's the usual movie production studio douchebaggery that is going to kill this production, not copyright. You know damn well they aren't thinking "Gee if only there were reasonable terms for copyright we wouldn't have to deal with the estate!" No, they are fully on board with life + infinite arithmetic progression copyright terms, they just want to twist the rules so they're the only ones who benefit. They've made their bed, and now they are trying to weasel their way out of sleeping in it.

      Well, fuck them I say. I'd rather everyone who was contractually owed money for those movies gets it even if in my ideal universe they wouldn't be owed anything, rather than let the fuckers responsible for the current situation get away with this shit.

      --

      The enemies of Democracy are
    12. Re:Damn leeches by megamerican · · Score: 4, Insightful

      Yet, I'm sure you saw all 3 LOTR movies in the theater at least once as you'll probably see the Hobbit (not to mention other movies made by that studio) which will allow them to continue their screwing over of people who may or may not deserve a cut in the money.

      --
      If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    13. Re:Damn leeches by interkin3tic · · Score: 2, Insightful

      These books should be public domain by now.
      God damn extended copyright might kill another production.

      In this case, I'd say it's not just copyright laws. Hollywood accounting is in my eyes more clearly douchebaggery than using the broken copyright system. It might be absurd that the estate maintains a copyright what should be public domain, but it's even more absurd for New Line Cinema to claim the Lord of the Rings movies didn't make a boatload of money.

    14. Re:Damn leeches by nedlohs · · Score: 3, Insightful

      What work did the Christopher and Priscilla Tolkien do on this film exactly?

    15. Re:Damn leeches by nedlohs · · Score: 1

      Of course. Life + X terms are stupid.

    16. Re:Damn leeches by BobMcD · · Score: 2, Insightful

      Exactly. They'd be even more free to screw people on the movie profits as they've already done! It's hilarious to see so many people on here actually defending a studio has screwed people who have worked on these films out of money and is a prominent RIAA member. The hypocrisy of this thread is astounding.

      My sympathy fails for the heirs of rights to content produced so long ago.

      The heirs seeking money didn't actually DO anything to earn it. Peter Jackson made a movie. The studios made it available, etc. These parties took action, so compensation seems reasonable. Did the heirs take any action at all that contributed to the product or the potential for it to exist?

    17. Re:Damn leeches by Thuktun · · Score: 3, Insightful

      These books should be public domain by now.
      God damn extended copyright might kill another production.

      (before film is made) "Darned copyrights are keeping us from making a film!"
      (after the film is made) "People are violating our film's copyright and should be punished!"

    18. Re:Damn leeches by Laglorden · · Score: 3, Insightful

      I'd say the hypocrisy of RIAA is astounding.

      The reason for reducing the copyright times are just because it would enable derivative works. Kind of how Disney took "Cinderella" or other stories in the public domain and made money and new stories out of them.

      The hypocrisy comes in when they refuse to ever give stuff back to the public domain.

      The people being screwed in this case isn't the heirs to Tolkien it's us. They shouldn't get any money after so many years. They are the true "leeches". That doesn't help or develops our civilization or culture.

    19. Re:Damn leeches by TeXMaster · · Score: 4, Insightful

      These books should be public domain by now. God damn extended copyright might kill another production.

      The irony being that the movie companies are the big $$$ behind the ridiculous copyright extensions that are preventing them from not having to go through the JRR descendants to make movies.

      I guess the next copyright legislature will make book copyright shorter than music or movie copyright.

      --
      "I'm never quite so stupid as when I'm being smart" (Linus van Pelt)
    20. Re:Damn leeches by Maxo-Texas · · Score: 5, Insightful

      That's because there would be NO ONE to screw if not for artificially long copyright periods.

      The man is dead. He's been dead since 1973. You know... 36 years. The last book was published in 1955. 54 years.

      Copyrights are not going to incent him to write any more books.

      Copyrights as currently implemented primarily benefit corporations. Not human beings who are dead long before the copyrights run out.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    21. Re:Damn leeches by hattig · · Score: 1

      Books released in 1954, movie rights contract signed in 1969.

      Are you arguing for sub-16-year copyright terms?

      Admittedly I think 20 year terms would actually be reasonable, getting relatively modern works out into the public domain for consumption, but long enough to earn a crust. Of course the criminal movie business would just wait for stories to expire copyright, and make a mint off of them afterwards.

    22. Re:Damn leeches by Anonymous Coward · · Score: 1, Interesting

      Leeches are people benefiting from work without contributing. How is an artist or his family benefiting from their work "leeching"? Why does the public have any rights to the work? I'm not talking laws I'm talking morally. If he had never published his work the public would never have benefited but the family would ironically control the work. The act of publishing or making public costs and artist and his family rights to his own work. The studios are the leeches here not the family. The work is a family legacy just as much as a home or business the person made for their family. He did sell rights but there were conditions and the conditions still apply. I find it sad that a carpenter can build a home that his family can live in for 500 years but a writer looses his work in a fraction of that time. In truth there isn't a very high value placed on the artists rights already and now everyone wants that taken away. You can drone on about houses and books being different all you want but the ugly truth is I think writers should stop writing and should start building houses. I'm making a similar shift myself after years of fighting with studios and now the public to keep rights to my work. I just lost a film over a contract dispute and after nearly four years of work I doubt I'll ever see much. Eventually you just have to say what's the point? and pack it in.

    23. Re:Damn leeches by Anonymous Coward · · Score: 0

      But in this case we're talking Life - X.

    24. Re:Damn leeches by john82 · · Score: 0, Flamebait

      These books should be public domain by now.
      God damn extended copyright might kill another production.

      I agree the books should be in the public domain.

      It still amazes me how respondents in this forum think that there is some level on which it's acceptable to STEAL. If the work is someone else's this and you want it, then it's okay. If the work is yours and I want it, then it's not. BS. Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      Sorry, I just don't buy that argument under any circumstance. The discussion here seems centered on whether the studio should get the spoils or the public. Wrong answer. I don't see that as morally defensible UNLESS the creator (or their estate) chooses to cede their rights to someone else (e.g. public domain).

    25. Re:Damn leeches by SCPRedMage · · Score: 1

      Whoosh, again.

      I'm not defending anyone. I was simply clarifying the point of the OP, which the parent post had clearly missed.

      --
      My sig can beat up your sig.
    26. Re:Damn leeches by oldhack · · Score: 1

      On the other hand, it's the same MPAA assholes trying to screw other IP holders. No honor among thieves.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    27. Re:Damn leeches by e9th · · Score: 3, Interesting

      I'd forgotten about that. The interesting story is here.

    28. Re:Damn leeches by Darkness404 · · Score: 0, Troll

      Depends, I would favor copyrights that would allow for books that are still in-print to still have copyright otherwise it expires in ~10 years with registration with the possibility of renewal only if it is in print. And really, with trademarks and such if it had gone public domain, he could effectively control all "official" printings of his book (for example, he couldn't stop someone from making a movie, but it couldn't say or hint that it was authorized), doing this would allow for the control but would lack the "getting paid for doing nothing" that exists today.

      --
      Taxation is legalized theft, no more, no less.
    29. Re:Damn leeches by Bemopolis · · Score: 5, Insightful

      Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      The one where the rights of private property and public good are balanced. The one where the rights of personal works and public culture coexist. Also, the one established in the FUCKING CONSTITUTION, where Congress is given the duty (emphasis mine) "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" .

      Notice also that it explicitly says authors and inventors, and not the estates thereof, but that is a side issue. What is important is that the time be Limited. Unless you want to get a shovel and go excavate Ugg the fucking Caveman and pay him back royalties for your use of fire and the wheel. Pelts only.

      --
      "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    30. Re:Damn leeches by Chris+Burke · · Score: 4, Insightful

      It still amazes me how respondents in this forum think that there is some level on which it's acceptable to STEAL.

      I don't, which is why I'm arguing that the studio needs to pay the estate the money that they are owed.

      Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      In the bizarro universe where the purpose of copyrights was to promote the arts and thus enrich our culture, and its protections were for a limited time only with the express purpose of enriching the public domain. So, basically, the bizarre universe of the United States prior the year 1976.

      For two hundred years, copyright served the purpose I describe and not the one you describe. This notion that an author's work is supposed to provide a life-long revenue stream for their children and their children's children is a recent invention, and contrary to the purpose of copyright, which is to encourage more works to be written. What has Christopher Tolkien done other than package up his dad's work? Maybe if he was operating under the same laws that his dad did when he wrote his books, then he'd have had to produce something of his own.

      Sorry, I just don't buy that argument under any circumstance.

      Okay, but the only reason author's have any right to an unnatural monopoly is because we, the people, agreed to compromise with them. The argument was the one that ruled the day from the authoring of our Constitution through to the Sonny Bono Copyright Act.

      The discussion here seems centered on whether the studio should get the spoils or the public.

      What a silly thing to say in a reply to my post where I argued that the "spoils" should go to the estate as contractually required. I think copyright law should be changed to match its original purpose, but that doesn't mean I think the movie studios, the very ones who lobbied for these ridiculous copyright laws, should be exempt from them! So basically it sounds like you missed my whole point. And I'm not the only one making this point. So pay more attention to the discussion, maybe?

      --

      The enemies of Democracy are
    31. Re:Damn leeches by sjames · · Score: 4, Interesting

      I wouldn't say defending. I would be perfectly happy to have EITHER the extended forever copyright abolished OR the studio execs tossed in the clink. The simple fact is that they are demanding to have their cake and then cheating (by doing everything they claim others wrongly do to them) in order to try to eat it too.

      In fact, I don't think the studio should have had to contract with the estate at all. However, I also believe that many of their works should now be public domain. Given the way they've bought twisted IP laws, I have no sympathy for them however. I hope they end up having to cough up treble damages and more. Perhaps they should be penalized at the same ratio as a p2p file sharer is.

    32. Re:Damn leeches by jd · · Score: 5, Insightful

      Well, is that strictly true? Children of Huron was published a good deal more recently than that. In fact, IIRC, four times as many books have been published by JRRT since he died than when he was alive. Not to mention the audio tapes (which include JRRT reading from his work and singing Elvish poetry that doesn't otherwise survive).

      This is all new material. Yes, technically it was all written before JRRT died, but not one scrap of it would have been released if there was no incentive by either Christopher Tolkien OR (more importantly) the publishing house to publish it.

      This new material included such gems as The Silmarilian, one of the all-time greatest works of JRRT, and the one he put the most effort into. That was never published in his lifetime. Not because it was no good, but because the publisher didn't realize the market for High Fantasy was as extensive as it proved to be. The other material, likewise, was often not held back by the author, it was held back by the publishers.

      I'm not saying extended copyrights are always good, but there ARE special circumstances where they are valuable.

      Another example would be the repair and restoration of crates upon crates of Hemmingway material that was left, abandoned, in his house after his death. Most of it is damaged by fungus and rot, but it is salvageable. The costs for the repairs are all being covered by the value of the material being salvaged.

      These are exceptional circumstances, you won't find anything remotely similar in the majority of cases, but the exceptions SHOULD be covered by law no less than the general rule.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    33. Re:Damn leeches by Anonymous Coward · · Score: 0

      Not even a kid would laugh at that.

    34. Re:Damn leeches by Anonymous Coward · · Score: 0

      Yes, but it will benefit his descendants. I think that benefits him directly, even in the grave. Everyone wants their kids, grandkids, and so on to do well. However, I agree that copyright has had its true purpose supplanted by greedy corporations who want indefinite control over content. My opinion on this is that Hollywood should not be able to dodge taxes, the rest of us have to pay so why not them? We have a war to pay for, universal health care, roads, law enforcement, schools, etc. I know some of those are covered by states, but they get money from the feds to cover some of it. Not only that, but cooking your books by shuffling them through multiple corporations should have died with Enron. How come this sort of "creative" accounting is still allowed anywhere in America or the world. There needs to be some sort of crack down on this nonsense.

    35. Re:Damn leeches by Hatta · · Score: 1

      Copyrights as currently implemented primarily benefit corporations

      And lazy heirs with a sense of entitlement.

      --
      Give me Classic Slashdot or give me death!
    36. Re:Damn leeches by lorenlal · · Score: 5, Informative

      Actually, Chris did a goodly amount of work recompiling the whole Middle Earth saga from notes, he tried to fill in unfinished stories of his father. He did try to clarify inconsistencies, add stories, and overall maintain the work that was left behind.

      No, he wasn't responsible for the work that these movies is based on directly... But he did become the de facto caretaker of the fictional setting.

    37. Re:Damn leeches by lorenlal · · Score: 1

      It's also one thing for Chris to be greedy on his own. I don't know what his intentions are... At the very least, if Time Warner does pay up, then a goodly chunk of that payout goes to the trust and charity. I certainly think that sending that cash to the charity is a much better use of it than pulling other into a copyright court because someone use a DVR on a movie on TV.

    38. Re:Damn leeches by david_thornley · · Score: 3, Informative

      Fourteen years, renewable once, from date of first publication would cover everything you complain about.

      BTW, the Silmarillion was not delayed until Tolkien's death due to lack of demand. Ballantine (who sold LOTR in the US) would have loved to publish it while Tolkien was still alive. Tolkien didn't authorize it. Lin Carter (in charge of Ballantine's fantasy fiction line at the time) told me (a long time ago, at a science fiction con), that he thought Tolkien simply didn't want to stop fiddling with it and changing the form, that he thought Tolkien really didn't have anything else he wanted to do.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    39. Re:Damn leeches by LordKazan · · Score: 0

      there is a reason why copyright runs from publication date.

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    40. Re:Damn leeches by mcgrew · · Score: 2, Interesting

      He wrote those books in the forties. If he would have written them in 1840 the copyright would have expired by 1860. Why should Tolkien have a longer copyright period than Mark Twain?

    41. Re:Damn leeches by Shagg · · Score: 1

      What makes you think that copyright law in 1970 had anything to do with whether or not the author was still alive?

      --
      Unix is user friendly, it's just selective about who its friends are.
    42. Re:Damn leeches by Anonymous Coward · · Score: 1, Informative

      there is a reason why copyright runs from publication date.

      What nonsense is this? Copyright exists from the moment of creation. You have copyright on a work whether you publish it or not. What is it about legal matters that compels Slashdotters to just make shit up at random?

    43. Re:Damn leeches by Anonymous Coward · · Score: 0

      So I guess you are a big supporter of the Estate Tax? I mean as an heir you did jack shit to earn the that money, so you feel right to pay tax on it right?

      Listen jackass, they own the material. It's as simple as that.

      Director's are a dime a dozen. Seriously if you think someone else could have done this you are sadly mistaken.

    44. Re:Damn leeches by jd · · Score: 1

      14 seems a bit short, but ok, that would be fair.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    45. Re:Damn leeches by jd · · Score: 1

      Yes, but the argument I was responding to was that copyright should terminate on the author's death. If the author is dead before publication, this would mean the work never gets protected at all. It is that that I object to. Sure, the author gets no benefit, but it doesn't alter the fact that effort was put into the work.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    46. Re:Damn leeches by thousandinone · · Score: 0, Flamebait

      Oh, get off your fucking high horse.

      Everything EVERYONE has only exists because of the actions of their predecessors. We wouldn't have microprocessors without first having transistors, for example.

      And as far as inheritance is concerned, just how many people today have the careers they do because of mommy and daddy forking over money for their university education?

      Or even barring that, how about cosigning for their loans?

      By your argument, there isn't a goddamned person anywhere who deserves anything. So what, socialism then?

    47. Re:Damn leeches by PitaBred · · Score: 1

      Silly rabbit... didn't you know that the laws only apply to OTHER people, not the movie studios and the elite?

    48. Re:Damn leeches by PitaBred · · Score: 1

      Just because you can't hold copyright doesn't mean you can't profit. I have bought numerous books such as Through the Looking Glass, things that are out of copyright. Somebody made a profit by publishing that book. But they provide a service... same thing with those old books. Restore them, reprint them, sell them. Just because you don't own copyright doesn't mean that having the "only official version" has no value.

      You make the mistake of thinking copyright is the only way work has any value... it's a very, VERY common assumption, it's completely wrong, and it's what has led us to this shithole of a copyright mess that we're in now.

    49. Re:Damn leeches by BobMcD · · Score: 1

      I would support him profiting off on any/all of that work. Just not work he didn't actually do.

    50. Re:Damn leeches by AK+Marc · · Score: 1

      Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      The standard used to be Work for Hire. An artist would get paid hourly, salary, or by the work for creating it. The physical item belonged to the person that paid them to make it, and no one had any rights off the "idea" that was behind the creativity. That's the "natural order" and how it was for all of time until quite recently. I'm curious why you think that someone has the rights to an idea for all eternity? Shouldn't information be accessible?

      The Constitution was written such that copyright can be used for promotion of the useful arts and sciences, and for no other purpose. It doesn't exist to give anyone profit. It's only for giving protections for a limited time to encourage more creation. If it doesn't have that effect, it is illegal. If the works aren't released to the Public Domain, it is illegal. With the increased ability to spread information and make a profit off it, terms should become shorter, not longer. Computer patents/copyrights should be allowed, and limited to 2 years with one 2 year extension. Movies 3 and 3, books 5 and 5, physical items 7 and 7, and nothing for "business processes" or other things. Oh, and "novel" should mean that there is no analog analogue. The practice of taking something that's been done for thousands of years then adding "on a computer" at the end should be unpatentable. It should be required that a non-computer description be given for the patent and demonstrating that idea is also novel. Things like a one-click purchase are no different than the process of saying "put it on my tab" while grabbing your items an walking out, expecting to be billed in the normal pre-agreed upon method.

      There's no reason that ideas should be locked away and protected from use. That's what's unnatural, not having someone else control your creations. Having someone else control your creations is the normal way of things, and how it was done for many thousands of years. We just determined that profit was more important than freedom within the last few hundred years.

    51. Re:Damn leeches by geekoid · · Score: 1

      There isn't any hypocrisy here.

      I am saying(and I think others) is that the copyrights should have expired. The stories should be public domain.
      If that was the case, then anyone could make the story. No one is 'getting screwed' in that scenario.

      It's like your saying people get screwed becasue Shakespeare plays get made into movies.

      Yes, the studio's are also acting scummy, probably. That's not my point.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    52. Re:Damn leeches by BobMcD · · Score: 1

      I don't know who you're ranting towards, but it isn't me.

      The simple premise I'm offering (do thing, get money) is basically the exact opposite of socialism.

      As to your point, I'm not advocating that the family be barred from benefiting from the author's original work in any way. For example if they took the money earned by that author and invested it they are certainly entitled to reap those rewards.

      To put your own question back on you, how many people get money from a third party simply because they are related to a particular mommy or daddy?

      If they win their case, fine. That's a matter of law. I will not, however, feel sorry for them while they 'fight' it out. They haven't been wronged, per se.

    53. Re:Damn leeches by mcgrew · · Score: 3, Insightful

      Of course the criminal movie business would just wait for stories to expire copyright, and make a mint off of them afterwards.

      Like Disney and the Brothers Grimm?

    54. Re:Damn leeches by eleuthero · · Score: 2, Informative

      and not only that, but a number of elements in the histories are fleshed out in the visualization of the movie... it is obvious from watching them that they did not limit themselves to the LOtR only.

    55. Re:Damn leeches by geekoid · · Score: 1

      Copyright begins when it is written, not published.

      The collector value of the material is what is paying for the recovery.

      If you find new Tolien works, put them into a book and sell them. Sure, someone else could come along and then reorginize them into there own book, but so what?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    56. Re:Damn leeches by geekoid · · Score: 1

      Fourteen years, renewable once, from date of first publication would cover everything you complain about.

      make the renewable fee a million dollars, adjust for inflation every 5 years. Only renewable if the author is alive.

      Now only people actually making money are likely to renew.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    57. Re:Damn leeches by geekoid · · Score: 1

      No, but if the copyright wasn't so onerous the studios could make the movie, and so could I,oor you, or anyone.

      And they got what the contract said.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    58. Re:Damn leeches by eleuthero · · Score: 1

      It strikes me that ending a copyright at the author's death would lead to the RIAA taking more agressive action towards potential goldmine stories... I would suggest a set amount of time regardless of when the author dies. In this way, the artist is protected, the publisher is protected, the public doesn't have to wait two lifetimes for "cultural heritage" material to be legally copyable and though there is a little bit of give required on the part of the "greedy" publisher, everyone wins and creativity is promoted. It seems to me that there is a reason the US and other western countries are experiencing a reverse brain-drain at the moment--creativity is stifled when people demand their rights too much (even if those rights are legitimate).

    59. Re:Damn leeches by geekoid · · Score: 1

      A billion years is a limited time.

      I think they are given the option, I don't think it's a duty. Constitutional congress could do away with Copyright tomorrow.

      For the recorsd, I am a fan of copyright, just not for longer then 14 years.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    60. Re:Damn leeches by Chris+Burke · · Score: 2, Insightful

      No, but if the copyright wasn't so onerous the studios could make the movie, and so could I,oor you, or anyone.

      Sure, but in the meantime, I'm not going to let the studios off the hook for the stupid law they themselves are responsible for.

      And they got what the contract said.

      Are you sure? That's what the studio says, but they said the same thing about Peter Jackson and Stan Lee and it wasn't true.

      --

      The enemies of Democracy are
    61. Re:Damn leeches by thousandinone · · Score: 1

      How many people get money from a third party simply because they are related to a particular mommy or daddy?

      Everyone who inherits any form of non liquid asset from said mommy or daddy, then liquidates it- this can be stocks, real estate, or in this case, IP.

    62. Re:Damn leeches by Anonymous Coward · · Score: 0

      Children of Hurin and The Silmarillion - if you had read the works, you'd prolly know how to spell them. But the rest of what you say I agree with.

    63. Re:Damn leeches by schon · · Score: 1

      The man is dead. He's been dead since 1973. You know... 36 years. The last book was published in 1955. 54 years.

      Copyrights are not going to incent him to write any more books.

      But how can we know if we don't try? I say it's quite obvious that the only reason current copyright doesn't incent him is that the term isn't long enough. We need to extend the copyright term to 1000 years!

      Sincerely,
      Jack Valenti

    64. Re:Damn leeches by Anonymous Coward · · Score: 1, Funny

      Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      The one where the rights of private property and public good are balanced. The one where the rights of personal works and public culture coexist.
      Also, the one established in the FUCKING CONSTITUTION, where Congress is given the duty (emphasis mine) "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" .

      Notice also that it explicitly says authors and inventors, and not the estates thereof, but that is a side issue. What is important is that the time be Limited. Unless you want to get a shovel and go excavate Ugg the fucking Caveman and pay him back royalties for your use of fire and the wheel. Pelts only.

      C.S. Lewis was British, so our FUCKING CONSTITUTION has nothing to do with him or his heirs. And I'm pretty sure it was Ogg the fucking Caveman who invented fire. Not 100% sure about the wheel. That could have been Ugg.....

    65. Re:Damn leeches by Artifakt · · Score: 1

      Christopher did substantial work on some of the revisions published after JRRT's death. You could, admittedly get into a legal debate about whether some of those works had any new genuinely creative input after the sire's death, or whether any work Christopher did fell short of some creative standard, but there are at least four of the posthumous works where that point isn't really even close to debatable.
            What could be debated is whether certain parts of the films draw on Christopher's work. I'm thinking in particular of the increased role of women in the films. Some of that parallels Christopher's changes to older stories from the Silmarillion, and there are some claims by the filmmakers on record that they made those changes from other reasons. That's probably something that could be taken to court. For example having Arwin ride to the ford dodging black riders and carrying a comatose Frodo, supposedly happened because the male actor scheduled to do those scenes couldn't ride worth a damn, or something like that, and the decision to substitute Liv Tyler and her stunt doubles came during shooting. That's the kind of thing that putting a few actors on the stand could settle strongly one way or the other, and judges tend to like claims that can be clearly tested.
            The clearest way for the heirs to win this suit would be to show that not just the dead author's work was involved, but the still living one's. That way, they don't have to worry about your points. It might be nice for the law to look at some of the issues you raise, but I wouldn't particularly expect that to come out of this case.

      --
      Who is John Cabal?
    66. Re:Damn leeches by BobMcD · · Score: 1

      I see a distinction between tangible things and ideas, in this context.

    67. Re:Damn leeches by Anonymous Coward · · Score: 0

      the publishing date has nothing to do with the copyright date.

    68. Re:Damn leeches by schon · · Score: 1

      But in this case we're talking Life - X.

      No, we're talking X - ie. the "Life" part of the equation is removed.

    69. Re:Damn leeches by Artifakt · · Score: 1

      Most people do want their kids to do well (not really Everybody, but pretty close, say 99%). But, an author can put income aside to benefit his or her kids just as anyone else can. If they don't, they are gambling that the work will be popular enough to produce income after their death, which is nowhere close to a safe bet. Extending copyright to Life + encourages authors to spend the royalties they get then and gamble that there will be more later for their heirs. It is not in the interests of real justice to encourage people to take risks when their children and beyond are involved.

      --
      Who is John Cabal?
    70. Re:Damn leeches by Artifakt · · Score: 1

      In the US, everyone's work was copyrighted for a fixed time, whether they lived or died. The question about doing it the modern way is, why should a young author in good health end up with his or her works protected much longer than an older writer, or one with medical problems? That hardly sounds like equal justice to me.

      --
      Who is John Cabal?
    71. Re:Damn leeches by iamnothere900 · · Score: 1

      I wouldn't say defending. I would be perfectly happy to have EITHER the extended forever copyright abolished OR the studio execs tossed in the clink.

      Can't we please have both?

      Perhaps they should be penalized at the same ratio as a p2p file sharer is.

      That's okay, they'll just put it on their Visa.

    72. Re:Damn leeches by remmelt · · Score: 1

      Ugg was the one that invented the boot.

    73. Re:Damn leeches by thousandinone · · Score: 1

      There is a distinction, but it's a moot point- if we're talking about things that carry monetary value, whether they are tangible or not, then that value can be transferred.

      Saying that any monetary value that an idea has is lost when its creator dies is the same as saying that when I die, any stocks that I hold lose their value and are folded back into the market, leaving me with nothing to leave to my kids. Both are intangible, and yet both represent worth. One's stock portfolio is not what holds the worth, it merely represents a largely intangible figure. Holding a piece of paper that states I own X stocks is no more tangible than holding a piece of paper that states I own the rights to X work.

    74. Re:Damn leeches by BatsShadow2 · · Score: 1

      I think it's unfair to say bad things about Christopher Tolkien. The Histories of Middle Earth are very fine works in and of themselves, not just "milking his dads work."

      Both sides are being lame on this. It's lame that the Tolkien Estate and especially Christopher is so opposed to (good) movie versions being made, but it also laughably ridiculous that the studio expects anyone to believe they didn't make any money. In the end, I think the TE should win and Newline should pay up, but if the movie is not released it will be terrible.

    75. Re:Damn leeches by BobMcD · · Score: 1

      This is agreeable.

      However the effort behind the successful idea is the value. The idea itself is not consequential.

      Fruits of the effort should be transferable. Control over the idea should not, within reason.

    76. Re:Damn leeches by gnud · · Score: 1

      Christopher has done a lot of work with Tolkiens other stories about Middle Earth. I'm sure that Jackson read most of these, and that they contributed to the visual rendition of Middle Earth in the triology.

      Besides, JRRT wrote the story for his children in the first place. So it kinda seems fair that they get a cut of the profits :p

    77. Re:Damn leeches by JebusIsLord · · Score: 1

      that's my thought... Christopher could have lent all sorts of help on the first 3 flicks, but instead he just spent his time trying to derail them. Copyright should expire on or shortly after the artist's death. Intellectual property inheritence is even bigger bullshit than intellectual property patents.

      --
      Jeremy
    78. Re:Damn leeches by gnud · · Score: 1

      Copyrights should be unaffected by the authors death (or at leat not immediately terminated).
      Say that I write a magnificent work of fiction (or symphony, or whatever). The steady income from this and other works of art is enough to sustain me and my family for the forseeable future.
      Then, 2 years later, I get hit by a bus.

    79. Re:Damn leeches by JebusIsLord · · Score: 1

      I am. Inheritence is bullshit. It just perpetuates a lazy aristocracy. I've told my parents to die broke, and I will do the same.

      --
      Jeremy
    80. Re:Damn leeches by camperdave · · Score: 3, Funny

      They're building one of those "Habitat Houses" down the street from me, and I wondered to my daughter if all the workers had tattoos of hobbits on them.

      "Why?" she asked.

      "Hobbit tat for humanity".

      David "Dangermouse" Morgan-Mar, is that you?

      --
      When our name is on the back of your car, we're behind you all the way!
    81. Re:Damn leeches by bill_mcgonigle · · Score: 1

      Why should Tolkien have a longer copyright period than Mark Twain?

      Because Sam Clemens wasn't part of a corporate oligarchy?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    82. Re:Damn leeches by Anonymous Coward · · Score: 1, Insightful

      Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

      The one where the rights of private property and public good are balanced. The one where the rights of personal works and public culture coexist.
      Also, the one established in the FUCKING CONSTITUTION, where Congress is given the duty (emphasis mine) "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" .

      Notice also that it explicitly says authors and inventors, and not the estates thereof, but that is a side issue. What is important is that the time be Limited. Unless you want to get a shovel and go excavate Ugg the fucking Caveman and pay him back royalties for your use of fire and the wheel. Pelts only.

      Sooo, would the same limitations on copyright apply to GPL'd code?

      Because once the copyright expires, it's public domain.

      Do you REALLY want to start limiting copyright so much or making it so complex that an organization like Microsoft could hire every IP lawyer around and start using GPL code?

    83. Re:Damn leeches by tsm_sf · · Score: 1

      But he did become the de facto caretaker of the fictional setting.

      I love that that's a job description. Life is good.

      --
      Literalism isn't a form of humor, it's you being irritating.
    84. Re:Damn leeches by Anonymous Coward · · Score: 0

      Dunno about the rest of the world but barring legislative action they will be public domain in New Zealand in 2023. Which is actually not so far away now. So if Peter Jackson likes to wait that long he can just go ahead and make the movie.

    85. Re:Damn leeches by Anonymous Coward · · Score: 0

      I haven't seen any of the LOTR movies, although admittedly I do have them in my Netflix queue and I might watch them at some point in the future. Does that mean I'm allowed to pursue the GP's point, or only if I take them out of my queue? What was your point again?

    86. Re:Damn leeches by mattack2 · · Score: 1

      Can you give specifics? I'm curious. (This isn't meant to be a [citation needed] kind of response.)

    87. Re:Damn leeches by Zerth · · Score: 2, Insightful

      Because copyright isn't a right. It is a license society gives IP creators as a "consideration" to induce them to create because society finds it a valuable trade.

      If copyright ends, you didn't lose it, the society took it back. Culture belongs to society, you just get use of it.

      And the carpenter's home is his only as long as he pays property taxes. Stop paying those taxes and he'll either have to add on wheels and leave or lose it, in much less time than copyright lasts, to cover missed payments for use of the land.

      Be glad artists were generally broke back in the day, unlike land-owners. If IP was as valuable as land back then, you'd be paying X% of the "assesed" value of everything you created and the IRS would be rummaging in your trash for scribbled-on napkins to tax(IP is copyrighted on creation, remember).

      Instead of banking on royalties, perhaps you should start asking for payments up front and buying an annuity, if you want to provide for your unborn great-great-great-grandkids.

    88. Re:Damn leeches by nedlohs · · Score: 1

      No, but that would be just as stupid.

      Plus of course impossible to tell if something is still copyrighted when the person is alive, so why not just Life?

    89. Re:Damn leeches by profplump · · Score: 1

      So your argument against long copyright terms hinges on a you're-too-dumb-to-decide-how-to-spend-your-own-money argument? Really? I also wonder why authors couldn't just buy life insurance like the rest of us; it's relatively cheap for people young enough to have children who need ongoing support.

    90. Re:Damn leeches by I'm+not+really+here · · Score: 1

      I think that we need an exponential system:

      - 14 years from copyright registration
      - renewable for 14 more years for 10% of gross receipts collected to date on the work
      - renewable for 1 more year for 10% of the gross receipts collected in the last 14 years
      - Renewable annually for a percentage of gross receipts for the previous year, calculated as the number of years since it was copyrighted, or $1 million, whichever is greater.

      This means that a movie that grosses $10 billion from publication/copyright date in say, 2010, to 2023 would be renewable in 2024 for $1 billion. In 2038, let's say that $1 billion more has been earned since the last renewal in 2024, the cost to renew for another year would be $100 million. In 2039, let's say that $500 million was earned on the film in the previous year - the percentage to renew would be calculated as the number of years from publication: 2038-2010 = 28. So to renew the copyright for another year would be 28% of gross receipts for the previous year ($500 million). So, to renew for the year of 2039 would be the greater of $1 million or $140 million (28% of $500 million).

      Consider that current works are Life+70 or some ridiculous amount. Let's assume a 30 year life span, so 100 years of copyright at this point. With the new system mentioned above, to keep the copyright until 100 years, that last year would cost you the entire gross receipts of the copyrighted work. This effectively keeps the same maximum length, but increasingly pushes the copyright holder to release it into the public domain, even if they are making good money off of it.

      Most Hollywood works make their largest amount in the first year after release. How many Hollywood movies make enough after 14 years to be worth relinquishing 10% of gross receipts for another 14 years in order to attempt to surpass that additional cost for retaining copyright?

      Most works would be in public domain in 14 years. Really good works would end up in the public domain after 28 years (due to the extreme cost and minimal benefit of renewing for an additional 10% of gross receipts from the previous 14 years). At 28 years, even the best films would not be forecasted to make more than that 10% in profits, so it would be more profitable for the copyright holder to simply allow the copyright to lapse.

      Now that would "promote the Progress of Science and useful Arts."

      --
      Before commenting on the Bible, please read it first
    91. Re:Damn leeches by Bigjeff5 · · Score: 1

      For example if they took the money earned by that author and invested it they are certainly entitled to reap those rewards.

      You mean like sell the rights to his work with royalty provisions so he can get the actual value out of it rather than some pie-in-the-sky estimate that may be absurdley low? Oh wait, it was Tolkien that made that sale, not the Tolkien Estate. Obviously the Tolkien Estate does not deserve what money may still be owed to Tolkien after his death. Forgive all debts when a person dies eh?

      The Tolkien Estate doesn't have the rights to Tolkien's works. Tolkien sold those. Part of the contract, however, were royalties. These are NOT copyright royalties!! It's a purchase price based on a percentage without a fixed end date, instead of a fixed number. You see the exact same kinds of contracts for anything with a value that is not immediately knowable.

      The Studio is trying to screw the Tolkien estate out of money they are owed, the Tolkien estate is NOT trying to squeeze money out of a copyright that should have expired long ago.

      Interestingly enough, if the contract was worded properly the studio could still owe the Tolkien estate money even if the works were public domain. Of course, if the contract was set to expire when the work enters the public domain that would not be the case, and I would imagine that that is in there.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    92. Re:Damn leeches by Everyone+Is+Seth · · Score: 1

      I say "pssh" to that concept. The idea that copyright should cover bad luck makes it sound more like a form of life insurance. Copyright exists to promote invention. Why should artists have so much protected beyond life?

      What if, instead of the holy pedestal of [career that produces art], you were a coal miner? They get payed pretty well and have great retirements benefits. If you keep working, you will provide for your family quite well. Two years later, you are hit by a bus. It's horrible, but there is no reason for someone from the mine company to step in and continue paying your family. Everyone wants to protect their family. Designing arbitrary laws to do so at a loss to the public is foolish. The world has become too compassionate.

    93. Re:Damn leeches by Anonymous Coward · · Score: 0

      Was that Children of Huron or Hurin?

    94. Re:Damn leeches by TheoMurpse · · Score: 1

      And JRRT wrote the LotR to give Britain some "native" myths (Robin Hood and King Arthur are very Norman (French) in their origins). Witness his refusal to use "cul de sac" and rather use "Bag End" to name Bilbo's street address.

      Does this mean all of Britain deserves a cut of the LotR movies?

    95. Re:Damn leeches by rohan972 · · Score: 2, Interesting

      Inheritence is bullshit. It just perpetuates a lazy aristocracy. I've told my parents to die broke, and I will do the same.

      Yes, because your parents accumulating enough wealth to make you independent of social security and banks is a terrible idea.

      Personally, I'd like our society to have a greatly reduced dependence on borrowing. I think a person living normally ought to have a reasonable chance to go through life without significant debt. The only ways I've thought of this being possible are if houses become very cheap or if it becomes common for people to inherit their accommodation.

      If I manage to leave such an inheritance to my children (a house or unit each) I don't think I would be perpetuating a lazy aristocracy. Mind you, I already have a house and my parents aren't dead, but I've had some lucky breaks. Unless my children can save the cash for a house themselves, they will be dependent on a landlord, a bank or the government to be able to get accommodation. So they will either get it from people who want (reasonably) to profit from them, from people who raise the money by taxation, or from me. Surely the best thing for society is for them to get it from me since I am willing (no need for tax) and do not require profits for helping my children (more efficient than banks/landlords).

    96. Re:Damn leeches by TheoMurpse · · Score: 1

      You missed the "renewable once." That means three decades. What percentage of works from the 70s-80s are still profitable enough to justify cockblocking the public domain so harshly?

    97. Re:Damn leeches by TheoMurpse · · Score: 1

      CS Lewis should get British protection in Britain and US protection in the US. Does that make you happy? I'd like to point out that the Constitution doesn't even require that the US give foreign authors copyright status here, and it wasn't until well after copyright was established in the US that copyrightability was afforded to foreign works.

    98. Re:Damn leeches by mdwh2 · · Score: 1

      Who is being "screwed" here? Certainly not the ones who are sitting on their arses trying to demand money. The ones getting screwed are the ones being told they've got to fork out millions, if they're allowed to produce a film at all. Believe it or not, people don't hate the film industry as a whole, they hate the idiotic actions when it comes to copyright. Which are now being displayed by the Tolkien estate.

      The only hypocrisy here is from people defending the copyright leeches. People here disagree when movie companies try to push for excessive copyright laws or terms, so why should it be any different when individuals do it?

    99. Re:Damn leeches by mdwh2 · · Score: 1

      Oh please - copyright does not cover anything so vague. If Jackson is using copyrighted material owned by Christopher Tolkien, then by all means he can sue on those grounds, and we'll see how the court case goes. But that's not the argument they are making, as far as I can tell. Their ownership of the LOTR copyright is not justified purely because they made a derivative work that Jackson then read.

      By that reasoning, what about all the people who saw the LOTR films? Surely by your own argument, Jackson / New Line Cinema are now entitled to LOTR copyrights, as anyone who now makes use of the LOTR has probably seen the films, and hence would be influenced by them?

      In fact I bet a far greater number of people saw the films, than read Christopher's books...

    100. Re:Damn leeches by mdwh2 · · Score: 1

      Since he does support it, your childish rant falls flat on its face.

      But since you bring the issue of estate tax up - if inheriting copyrights really is no different to inheriting property, does this mean that the Tolkien estate paid tax on the copyrights they inherited? Will the millions they receive here be taxable under estate tax?

      Anyhow, I wish I could inherit my ancestors' continued wages when they die, rather than having to get a job.

    101. Re:Damn leeches by Bigjeff5 · · Score: 1

      How the hell do you expect us to sound like we know what we're talking about if we can't make shit up and use it to make a point?

      Jeeze man, quit raining on my parade.

      BTW, did you know making shit up is good for your health? It's true. It lowers the stresses that are caused by not knowing something. Instead of worrying about whether or not someone's rebuff is true, or the emberassment of not knowing an answer, when you make shit up you avoid those stresses almost completely. As long as nobody else knows what you're talking about either, it makes you sound a hell of a lot smarter, which can potentially lead to improvements in social standing as well. That last point isn't as well studied though.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    102. Re:Damn leeches by mdwh2 · · Score: 1

      I'm not sure who you are arguing against - that's exactly the point he is making: yes, everyone benefits from the work done by earlier people. No one has to pay for work they build on, when that work was done by people long dead - so why should copyrights be any different?

      And as far as inheritance is concerned, just how many people today have the careers they do because of mommy and daddy forking over money for their university education?

      I'm struggling to see how this isn't a non-sequitur. Yes, children do sometimes get things paid for by their parents. The same applies to the Tolkien family too. Your point is?

      By your argument, there isn't a goddamned person anywhere who deserves anything.

      Wait - because people who sit on their arses don't deserve anything, therefore no one deserves anything? I don't follow that logic.

      So what, socialism then?

      You're the one suggesting that people get paid for doing nothing... I fail to see how his post could in anyway advocate socialism. Seriously, are you sure you didn't reply to the wrong post?

    103. Re:Damn leeches by rohan972 · · Score: 1

      Tolkien lived until 1973. Should it have gone PD in his lifetime?

      Sure, why not? The provision for copyright in the US Constitution says: "[The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      As such, it is a social contract between the authors and the public, through the agency of the government. The obligations of that contract are (1) for the authors to release that work to the public domain for the public to use after the limited time and (2) for the public to refrain from copying for a limited time.

      So here is my problem with current copyright terms: my grandchildren are not members of the public (not being even conceived yet), so I do not consider that for me to refrain from copying works for my entire life to obtain a benefit for people who may never exist to be the basis of a valid contract. In my view, copyright terms can never rationally be more than half the average life expectancy. There must be a benefit to the actual people refraining from copying.

      On a practical level, to have a workable copyright system you need widespread agreement among the population to adhere to it, because copying is too easy. Mass enforcement will not prove to be possible. To get people to agree, you need to offer them a benefit. Other than release into the public domain within their lifetime, what else is there?

    104. Re:Damn leeches by Bigjeff5 · · Score: 1

      I'm sorry, but the ones getting screwed out of money are the ones who are owed the money.

      This is not a case of some crazy people coming out of the woodwork claiming rights to a long-dead relative's work and stalling the project. Tolkien himself signed a contract with these people for the use of his work, and they agreed to it. Tolkien died, but that contract doesn't suddenly go up in smoke, it goes to the beneficiaries and the contractual obligations agreed to by the studios remain in place for as long as that contract is valid.

      This is NOT a copyright issue beyond the fact that what was sold was copyright, and copyright terms may affect the length of the contract. This is a CONTRACTUAL issue, and based on the contract they have with the Tolkien estate, they are owed money and the Studio is trying to screw them out of it.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    105. Re:Damn leeches by stuboogie · · Score: 1

      "Interestingly enough, if the contract was worded properly the studio could still owe the Tolkien estate money even if the works were public domain. Of course, if the contract was set to expire when the work enters the public domain that would not be the case, and I would imagine that that is in there."

      I was wondering the same thing. If there was a clause that voided the contract when the copyright expired, the studio would have sole rights to production and could then sit on the work until the copyright expired. This would allow them to make the movie without paying the rights holder and lock them out from entering into a deal with any other studio.

      Of course, you would have to wait a while to make your movie, but it worked out fine in this case. I don't think Tolkien would allow a clause like that if he was smart enough to ask for a cut of the gross.

    106. Re:Damn leeches by Anonymous Coward · · Score: 0

      Your "exceptional circumstances" do not require any special treatment from copyright law. If the children of Tolkien publish some of his work today they simply mark is as (c) 2009.

      In the same way I could take a book I published 10 years ago and publish it again today with a (c) 2009. This book will go into the public domain only after the (c) 2009 copyright expires. Of course, my original publication with (c) 1999 could expire earlier and there is nothing I can do against it.

      Having 20 years of copyright protection from the date of publication should be enough for any creative work,

    107. Re:Damn leeches by Noren · · Score: 1

      In 1840 the term of copyright was 28 years, renewable for an additional 14 years. (Copyright started in the US at 14 years renewable for another 14 in 1790, but was increased to 28 renewable for an additional 14 years in 1831.) Mark Twain could have kept a work created in 1840 (when he was 5 years old) in copyright until 1882, when he was 47.

    108. Re:Damn leeches by LingNoi · · Score: 1

      and the stupidest thing about inheritance of IP is there is no tax on it like there is with real property. WTF?!

    109. Re:Damn leeches by Kaboom13 · · Score: 1

      Yes! They also should pay royalties to the family of Homer when they make movies about Troy and the Odysseus. The royal family of England clearly deserves royalties for movies about King Arthur. Tolkien made some great books. An entire genre of fiction is heavily inspired by him. His book was inspired by the myths and legends and stories that came before him. Taking the work of others, making it their own, and then denying it to everyone else is the business of the RIAA. The RIAA is getting bitten by a little poetic justice here, with their own creation being used against them, but it doesn't make that creation any less odious. LOTR is a part of our collective culture, so is Mickey Mouse. Neither of their creator's families deserve to leech off them forever, Neither of their families (or the corporations that bought them) deserve to control what others can create from our culture forever. The ridiculous length of copyright is the reason we don't already have multiple Hobbit movies, competing on their merits. Just like every few years, a movie with a new take on Romeo and Juliet is released, we could have movies based on the rich fantasy world Tolkien started.

      It's generally accepted that whatever trade or profession you choose, in order to get paid you have to actually do it. That means farmers need to farm, engineers need to design and build things, mechanics fix cars, and SHOCK writers need to write and musicians needs to play music. Not write once and gather money in perpetuity. Not play once and record it and gather royalty checks for the less of your days. Not be lucky enough to be born the grandchild of a great author, and rather then follow in his footsteps, or really do anything useful, spend your days making deals exploiting your parent's legacy.

      If I had to pick someone to make money off the combined exploiting of Tolkiens legacy and the legacy of corrupt politicians, I suppose it would be the Tolkien estate rather then the RIAA. But thats like saying I would rather be robbed by someone who needed the money then someone who was already quite wealthy. Obviously I would really rather not be robbed at all.

    110. Re:Damn leeches by eleuthero · · Score: 1

      It has been a while, but basically, there are occasional comments by the characters (particularly between elves and the two wizards featured) that highlight greater background than Tolkien - the forging of the rings seems to relate some of the details found in ... I think... the Silmarillion but it may come from one of Christopher's "histories"

    111. Re:Damn leeches by ignavus · · Score: 1

      The one which says that copying is at the very heart of human nature.

      We are all copies (with remixing and occasional variations) of our parents' DNA. We grow up copying the language of the people we hear; copying their manners and values (it is called "culture" in the social science sense). Our civilisation grew because people copied one another's hunting techniques, copied agriculture and all subsequent technology from one another.

      Human beings are imitators. It is our very essence.

      --
      I am anarch of all I survey.
    112. Re:Damn leeches by Lunzo · · Score: 1

      The intro sequence to the first movie. I think Smeagol finding the ring and drowning his brother might have also not been in the LotR books.

    113. Re:Damn leeches by Lunzo · · Score: 1

      Off topic: I love your sig.

    114. Re:Damn leeches by iphinome · · Score: 1

      Or rather the MPAA arranges for you to be hit by a bus so they don't have to pay royalties to make a movie out of your work of fiction. Perhaps the RIAA wants one of their artists to cover your song and make for them a ton of money. A set copyright term prevents bumpung off artists to make a profit.

    115. Re:Damn leeches by Anonymous Coward · · Score: 0

      Limited terms. Yes.
      Life of author + 70 years.
      J.R.R. Tolkien hasn't been dead for 70 years. The copyright is still valid, the work belonged to him, and he left it to his estate.
      The work, given that the copyright term has not expired, belongs to the Tolkien estate, the estate, and only the estate decides what to do with it. Once 70 years pass, it falls under public domain, but that time has not come yet. Tolkien's kids can even pass LoTR down to their kids, given the 70 years aren't up.

      Furthermore, copyrights can be sold, it is unclear weather or not author (who is the copyright holder by default) and copyright holder are interchangible, it has never been tried in court, as far as I can tell, and won't be for a while, the earliest copyrights under the "new" (post 1969) runes don't expire for another 30 years (1969 + 70 years = 2039).

      That being said, I don't get what you're fussing about, under the current rules, copyrights DO hold for only a limited term.

    116. Re:Damn leeches by Anonymous Coward · · Score: 0

      Why not? He'd had a fair chance to make a living out of it. 20 years from creation is a generous term - anything more is a selfish stab at the public and culture in general.

    117. Re:Damn leeches by Maxo-Texas · · Score: 1

      It's true... what's more making shit up is great for your ego and hence for your sex drive.

      Which was very helpful when I happened to run into Ms. Kruppa at the star bucks last week.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    118. Re:Damn leeches by Anonymous Coward · · Score: 0

      To be fair, the brothers Grimm were a pair of highly influential linguists who, among other things, compiled what is still the most complete etymological dictionary of the German language. Their interest in language (and culture; cf. Sapir-Whorf) obviously went beyond that, though - and that's why they also collected and edited fairy-tales.

      To put them on the same level as a greedy (if brilliant) bastard such as Disney is pretty disingenous.

    119. Re:Damn leeches by the+eric+conspiracy · · Score: 1

      The first copy of the Lord of The Rings I owned was the Ballantine Paperback published in 1965. It had a plea from Tolkien on the back asking that people purchase this edition as a courtesy to living authors.

      In any case it is quite clear that under US law that this work was covered by copyright in 1970, and in addition the author was still alive.

    120. Re:Damn leeches by Shagg · · Score: 1

      Yes, but in 1970, whether or not the work was covered had nothing to do with whether or not the author was still alive. Copyright terms then were not based on the life of the author. That didn't happen until later.

      --
      Unix is user friendly, it's just selective about who its friends are.
  3. Ah, fresh article by Anonymous Coward · · Score: 0

    Now I have to read the article itself, because I can't get the story from the "Funny" comments, that's how fresh it is.

  4. Bad news all around by jedidiah · · Score: 5, Insightful

    ...on the one hand, the studios are greedy schmucks out to screw everyone all around.

    OTOH, the next of kin should not be in the picture here. These are works
    that should be in the public domain now for a variety of reasons. The
    worthless relatives should not have the ability to interfere with any of
    the greedy schmucks. The fact that a charity is involved is just a nice
    red herring to confuse things.

    Imagine if the Bard's estate could screw around with people like this.

    That's the direction we are headed.

    --
    A Pirate and a Puritan look the same on a balance sheet.
    1. Re:Bad news all around by ubrgeek · · Score: 0

      > These are works that should be in the public domain now for a variety of reasons

      Maybe, but they're not. And I'm guessing the family is the trustee and so have every right to protect his works.

      --
      Bark less. Wag more.
    2. Re:Bad news all around by Utini420 · · Score: 1

      I think I speak for, well, a whole lot of people when I say, "Fuck 'em."

      --
      A little inaccuracy sometimes saves tons of explanation.
    3. Re:Bad news all around by jedidiah · · Score: 1, Offtopic

      Yup, just like every slave owner was perfectly within his rights to beat his slaves to death.

      Would you have cheerfully joined the (mandatory) posse to track down a runaway slave?

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Bad news all around by Tetsujin · · Score: 4, Funny

      Imagine if the Bard's estate could screw around with people like this.

      Oh, man... the implications... I bet none of the Bard's Tale games would have ever been released!

      --
      Bow-ties are cool.
    5. Re:Bad news all around by Utini420 · · Score: 1

      I dunno, was the slave good at casting fake rubber feet?

      --
      A little inaccuracy sometimes saves tons of explanation.
    6. Re:Bad news all around by TitusC3v5 · · Score: 1

      It should probably be noted that the studio in question is Time Warner Inc. I'm not sure why that piece of info wasn't in TFS.

      --
      And the masses cried out, "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0!"
    7. Re:Bad news all around by TooMuchToDo · · Score: 2, Insightful

      Once you're dead, your work should hit the public domain. Copyright was not enacted so your works could be locked up forever, it was enacted so you could reap the rewards of your creativity when you needed it, like, you know, when you're alive.

    8. Re:Bad news all around by Anonymous Coward · · Score: 1, Funny

      "We must fuck the hobbitses we must."

    9. Re:Bad news all around by Anonymous Coward · · Score: 1, Insightful

      Oh good, motivation for murder. Copyright should have nothing to do with the life of the author.

    10. Re:Bad news all around by rilian4 · · Score: 2, Informative

      A bit of an exaggeration but correct in essentials. Author's life plus 15 years to take care of any family left behind in the event of the author's death was the original duration of US copyright. The problem was that a loophole was left allowing Congress the power to modify it. Fast forward 200+ years to now and you can see what has happened. Disney is a big example. Walter Elias Disney died in 1966. Under the original terms, copyrights to all his works would have expired in 1981 but here we are in 2009 and currently looking at something like 2017 or 2020 before they theoretically expire.

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    11. Re:Bad news all around by tritonman · · Score: 1

      I am a descendant of Adam, and since the bible was written about him, I should get royalties on every Bible sale!

    12. Re:Bad news all around by blueskatz · · Score: 1

      And I suppose any money and other property you own should be forfeited to the public as well? Copyrights like this allow an author to provide for his family after death, just like any other property. And by controlling it, the family is able to influence how it is used, in order to properly protect the author's memory. At some point in time, the copyright will eventually expire, but until then, the family should be able to protect their rights. I want to see a Hobbit movie as much as anyone, but your opinion is really misguided.

    13. Re:Bad news all around by SatanicPuppy · · Score: 1

      Wow, that could be the worst argument I've ever heard.

      If I made myself a chair, would that then be a slave chair, just because I owned it?

      I agree that copyright has gone overboard, but I disagree that it is therefore a bad thing in general. In this particular example, Tolkien spent the better part of a decade putting together LOTR. It's fair that he should be compensated for that, for a reasonable period.

      I don't agree that his kids should be able to hoard the IP for the rest of their lives, but I do think that copyrights on creative works that last for a few decades are acceptable. LOTR was written, what, 60 years ago? That's not cool.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    14. Re:Bad news all around by quadrox · · Score: 1

      It certainly was not.

      Copyright was enacted in order to motivate content creators to create content If it takes a long copyright period to motivate creators, then that is what we need.

      It should be quite obvious thought that the long copyright we have now are far in excess of what is needed to motivate creative people to create.

    15. Re:Bad news all around by Krinsath · · Score: 3, Insightful

      While I generally agree with that, I understand that having the works immediately available in the public domain could very well place undue hardship on the creator's family should the death be sudden and unexpected. "Normal" people have life insurance policies generally tuned to their income to provide for that, but in the case of a a professional "creator" of works, quantifying that income can be tricky, and I don't think the loss of rights should be immediate to the family of the creator if one exists.

      Also, my utter lack of faith in humanity says that particularly unscrupulous individuals would "arrange" things so that an author who didn't want to sell the rights to their work would have the creator killed and poof! Public domain now for me to create my crappy movie and destroy the work. While I wish I could believe that people would never sink so low, this IS an article about movie studios trying to claim a major film trilogy made NO money at all. If they thought they could get away with it and make money, I don't doubt that some of them would do it.

      I can see a 20 year period after death being reasonable as any children they had should be grown capable of self-support by then and the incentive of making a derivative work of something 20 years old will often lose its allure unless it's a seminal work of culture in which case that's EXACTLY the compact society has made with the creator...we get the stuff back to inspire the next generation of creators. The current system we have is simply abusive of society as a whole though.

    16. Re:Bad news all around by TooMuchToDo · · Score: 1

      Intellectual property != physical property. If you want to provide for your family after your death, get life insurance.

    17. Re:Bad news all around by Shakrai · · Score: 2, Insightful

      Yup, just like every slave owner was perfectly within his rights to beat his slaves to death.

      Wow, you are comparing efforts to enforce copyright to efforts to track down a sentient human being and force him back into servitude at gunpoint? I think you need some perspective.

      (At least you didn't Godwin yourself though ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    18. Re:Bad news all around by ifdef · · Score: 3, Insightful

      Maybe a lot of slashdotters aren't old enough to have kids, but it seems to me that providing for one's widow and/or children is one of the things that an author would likely be concerned about, and probably even consider to be a "need".

      Nobody is talking about locking up works "forever". This is about books that were written and published long after Mickey Mouse made his first appearance, and Mickey is still copyrighted (which seems to be stretching it a bit TOO far in my opinion).

    19. Re:Bad news all around by Shakrai · · Score: 1

      but here we are in 2009 and currently looking at something like 2017 or 2020 before they are extended again

      Fixed that for you :)

      (Yeah, I know, you said "theoretically", but let's be real....)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    20. Re:Bad news all around by SCPRedMage · · Score: 1

      Mod parent +1 Wrong Bard...

      --
      My sig can beat up your sig.
    21. Re:Bad news all around by gid · · Score: 1

      You mean something like 2017 or 2020 before they lobby to get another Mickey Mouse act pushed through congress?

    22. Re:Bad news all around by Anonymous Coward · · Score: 0

      The worthless relatives should not have the ability to interfere with any of
      the greedy schmucks.

      If I created a copyrighted work then I would hope that my children would be able to benefit from it, especially if I were to die unexpectedly, such as from a car crash or terminal cancer. Of course there should be a limit to how long after death someone should receive the benefits of copyright (not 90 years + life of the author, or whatever it is now), but just because someone has died does not mean all of their works should be released to public domain. I'm not saying that you are implying that, but just that some people have this radical view about how and when copyrighted works should be public domain.

    23. Re:Bad news all around by Anonymous Coward · · Score: 0

      I assume you are talking about the US. If so, the above statement is not entirely accurate. Each state had differing "slave codes" which outlined how slaves could be treated and what punishments we applicable for what crimes. If a slave owner had killed his slave apart from what was considered legal, he could be fined and possibly have his slaves confiscated.

    24. Re:Bad news all around by DoofusOfDeath · · Score: 1

      I am a descendant of Adam, and since the bible was written about him, I should get royalties on every Bible sale!

      Yeah, but apparently the Bible was divinely inspired, so you have to give a cut of profits to God.

      The Vatican has offered to handle the transfer.

    25. Re:Bad news all around by TooMuchToDo · · Score: 1

      Copyright was enacted in order to motivate content creators to create contentà If it takes a long copyright period to motivate creators, then that is what we need.

      Right and wrong. Previously, content creators weren't protected. A reasonable length of time is fine. If some will stop creating content because they disagree with the time of protection, others will fill that void.

    26. Re:Bad news all around by fermion · · Score: 1
      Yet we all know the studios are in it for the money. We know they will work out the numbers so the film makes no money.

      Yet there is so much money that everyone who wants to make a quick buck will get in bed with these known con artists. When the con appears, everyone cries out like this was something unexpected. I really have to ask. Given that we know the studios are cheats, who will sign a contract based on future recipts? People who are greedy, and willing to take the risk, perhaps?

      As I see it the studios have invested at least 300 million in these movies, and probably twice that much. Investor supply this insane amount of money because they expect an insane return. Would the movie had been made it large returns on investment were not going to be great? Do the heirs, who did not right a single word, really care about the movie at all, or that it makes books which are based on wonderful language in a farce? Sure assembly line books like Harry Potter suffer nothing by going into movie form, but this is literature.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    27. Re:Bad news all around by Emb3rz · · Score: 3, Informative

      I sincerely hope that it is not commonly held opinion that the Bible is "written about him [Adam]." He is the first human that the Bible describes, and mention is made of him also in the Christian Greek scriptures, but the Bible is about much more than simply Adam.

    28. Re:Bad news all around by blueg3 · · Score: 1

      There are a variety of solutions. I would go with "author's life or 15 years, whichever is longer" -- or something like that.

    29. Re:Bad news all around by heritage727 · · Score: 1

      Imagine if the Bard's estate could screw around with people like this.

      That's the direction we are headed.

      Especially bad since in this case we need to be able to say "A plague o' both your houses."

    30. Re:Bad news all around by HeronBlademaster · · Score: 2

      You already do, but since everyone is a descendant of Adam, and there are far more people than Bible purchases, you're getting paid a fraction of a cent (rounded down to the nearest cent, of course).

      (Nitpick: If I write a book about George Bush, Bush's children do not get royalties for that work. My children, however, would. Thus, Adam's children wouldn't get royalties for Genesis, but Moses' children would...)

    31. Re:Bad news all around by Utini420 · · Score: 1

      Providing for his kids is all well and good. But I think most folks would agree that by the time the author's children are adults they should fend for themselves. And in this case, we're talking about the man's grandkids.

      --
      A little inaccuracy sometimes saves tons of explanation.
    32. Re:Bad news all around by nickruiz · · Score: 2

      Perhaps this is a Sackville-Baggins situation in the Tolkien household.

    33. Re:Bad news all around by Anonymous Coward · · Score: 0

      You sound more like Yoda...

    34. Re:Bad news all around by Aram+Fingal · · Score: 1

      These are works that should be in the public domain now for a variety of reasons.

      Actually, the LOTR movies included some scenes which were not in the LOTR books. The scenes involving Isildur, for example, were from The Silmarillion or other books, published after J.R.R. Tolkien's death, with Christopher Tolkien as editor.

    35. Re:Bad news all around by Rude+Turnip · · Score: 1

      The original copyright duration was for 14 years, period, none of this life of the author nonsense.

    36. Re:Bad news all around by Chris+Burke · · Score: 1

      Yup, just like every slave owner was perfectly within his rights to beat his slaves to death.

      Would you have cheerfully joined the (mandatory) posse to track down a runaway slave?

      No, but if there was some clause in the slavery laws that required that the slave owner be beaten in some circumstance, I'd happily join in regardless of what I thought of the law in general.

      For the movie studio, this is called "Being hoisted by your own petard."

      For me, this is called "Schadenfreude".

      --

      The enemies of Democracy are
    37. Re:Bad news all around by Moebius+Loop · · Score: 1

      OTOH, the next of kin should not be in the picture here. These are works
      that should be in the public domain now for a variety of reasons. The
      worthless relatives should not have the ability to interfere with any of
      the greedy schmucks.

      I agree with you for the most part, but I would note that Christopher Tolkien has been instrumental in editing and releasing huge amounts of his father's unreleased material. He appears to have both a geniune love for the material and a fairly encyclopedic knowledge of even the most esoteric Tolkien works (of which there is probably more raw material than LOTR and the Hobbit combined).

      For example, the Silmarillion (which covers much of the backstory that is only implied during LOTR) would probably not have been able to be released without the extensive editing and reorganization that Christopher performed.

      Given that LOTR and the Hobbit are part of an extremely vast mythology that is hugely important in explaining the details of those stories, I can't say that he shouldn't have some claim and control of his father's material.

      --
      have you been seen on slash?
    38. Re:Bad news all around by Threni · · Score: 1

      > Yeah, but apparently the Bible was divinely inspired, so you have to give a cut of profits to God.

      But there is no god, so it looks like we're in the clear!

    39. Re:Bad news all around by Anonymous Coward · · Score: 0

      ...on the one hand, the studios are greedy schmucks out to screw everyone all around.

      OTOH, the next of kin should not be in the picture here. These are works
      that should be in the public domain now for a variety of reasons. The
      worthless relatives should not have the ability to interfere with any of
      the greedy schmucks.

      I disagree since the next of kin is his son... Who knows how much "quality time" the son missed with dad because dad was constantly locked up in his office writing.

      The money doesn't bring dad back or create new father son memories to be sure. But doesn't the son's (probably involuntary) sacrafice of time with his father deserve some compensation?

      Now if this was uncles, second cousins, etc... I think you'd have a better point.

      But what if we consider his Dad's motivation? I am no expert on Tolkien's life but if he was writing specifically to be published and support his family... Being in a position where his work can continue long after he's dead, if it was his wish that his works fall into the public domain you are right on the money. If it was his wish that his works support his family and his families family, etc then things are proceeding as planned.

      It should be like choosing a license for software you write. You're entitled to pick whatever license you want and if others don't like the license they don't have to use it.

      Just because you die doesn't change or invalidate the license. (unless of course the license states otherwise.) The problem is few people think to put into contract what happens to their work when they die so the companies decide for them.

      And the only thing better than a productive employee is a productive employee you don't have to pay anymore. :/

    40. Re:Bad news all around by DoofusOfDeath · · Score: 1

      > Yeah, but apparently the Bible was divinely inspired, so you have to give a cut of profits to God.

      But there is no god, so it looks like we're in the clear!

      Perhaps, but can you imagine of Vatican and MPAA lawyers teamed up to prove it?

      Actually, they'd probably just bribe Congress to pass a "there is a God" law. Less work.

    41. Re:Bad news all around by AaxelB · · Score: 1

      And I'm guessing the family is the trustee and so have every right to protect his works.

      Yup, just like every slave owner was perfectly within his rights to beat his slaves to death.

      Would you have cheerfully joined the (mandatory) posse to track down a runaway slave?

      Wow, that could be the worst argument I've ever heard.

      If I made myself a chair, would that then be a slave chair, just because I owned it?

      That would indeed be a horrible argument, but it's not at all what he actually said. The argument wasn't that copyright is in any respect like slavery, he was just pointing out how weak arguing "they're have every right" (and appealing to the law in general) is.

      In the case of the slaves, the slave owner had the legal right to beat them and hunt down runaways. Is it therefore okay? Presumably not. This implies that "having the right" doesn't necessarily mean that what you're doing is acceptable. Tolkien's heirs have the legal right to assert ownership of his works. Is that okay? If so, it's clearly not just because they're allowed to, and the GGP's argument is less than convincing.

      For the argument to work, though, you need an example of something legal that basically everyone agrees was very bad, and most of those are much worse than enforcing an old copyright, so it might sound like you're blowing it out of proportion. Without laying it out step by step, then, people react emotionally before they take time to consider what's actually being said (see other responses to the GP, or pretty much anywhere on the internet).

      Honestly, I'd like to live in a world where arguments like the GP's could be given succinctly and understood clearly, but alas. It'll never happen.

    42. Re:Bad news all around by jank1887 · · Score: 1

      that may have been a blessing with respect to the most recent one.

    43. Re:Bad news all around by jd · · Score: 1

      I believe the old British standard for copyright for books was lifetime OR fifty years from publication, whichever was the longer. Regardless of whether I'm remembering that correctly or not, that would seem to be a perfectly good term for copyright and would cover for providing for the family for later works.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    44. Re:Bad news all around by slashing1 · · Score: 1

      OTOH, the next of kin should not be in the picture here. These are works that should be in the public domain now for a variety of reasons. The worthless relatives should not have the ability to interfere with any of the greedy schmucks.

      Although the next of kin might generally not contribute much to the work, this is not necessarily the case here. Christopher Tolkien, JRR's kid, actually did the compilation and editing for The Silmarillion and other pieces attributed to the elder Tolkien. C. Tolkien also did the maps for the LOTR. I don't know how much copyright he should be entitled to, but calling him worthless probably goes a little too far.

    45. Re:Bad news all around by goodmanj · · Score: 1

      A problem with your plan: copyrights are transferrable, and many are held by corporations. Thus the life of the copyright holder could go on forever.

      But you said "life of the author". But authorship is not always clear. The Walt Disney Corporation owns the copyright to Snow White (I think), but who's the author? Walt? The art director? The music director? Whoever wrote the screenplay?

      Even if you could pin down a single human author, companies will never accept a copyright law which requires their employees to hold copyright to the work they make for hire. Can you imagine if Microsoft had to get permission from its lead software engineer to make more copies of Windows? Especially if that engineer now works at Apple?

      The only workable date is the date of creation of the work, which is how the system works now.

    46. Re:Bad news all around by mrbobjoe · · Score: 1

      Also, my utter lack of faith in humanity says that particularly unscrupulous individuals would "arrange" things so that an author who didn't want to sell the rights to their work would have the creator killed and poof! Public domain now for me to create my crappy movie and destroy the work.

      Well conveniently enough murder is illegal...
      How about unscrupulous individuals with the publishing rights conspire to keep the brain dead husk of the author alive"? Or vanish him when near death to keep his expiration date unknown?

    47. Re:Bad news all around by david_thornley · · Score: 1

      Nope. The stuff about Isildur is primarily from the appendices of Return of the King. The Silmarillion is almost exclusively about the First Age and what came before, and Isildur was at the very end of the Second Age. ("It was the dawning of the Third Age of mankind....")

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    48. Re:Bad news all around by SCPRedMage · · Score: 1

      That's probably why he said "theoretically" expire. In theory, the copyrights will expire, in reality, the Disney execs will ring a little bell and the politicians they have at their beck and call will pop up and say "What is thy bidding, my master?"

      --
      My sig can beat up your sig.
    49. Re:Bad news all around by SCPRedMage · · Score: 1

      Correction: 14 years, with the option to extend for ONE additional 14 year term, should the author still be alive.

      http://en.wikipedia.org/wiki/Copyright_Act_of_1790

      --
      My sig can beat up your sig.
    50. Re:Bad news all around by NekSnappa · · Score: 1

      Come on. You know they push through many Mickey Mouse acts every year.

      --
      I want to shoot the messenger!
    51. Re:Bad news all around by Shagg · · Score: 1

      So they open a savings account like everyone else. They earn a living while the works are still under copyright, and then pass that income on to their heirs. "Providing for one's widow and/or children" shouldn't include inheriting monopoly control if that limited monopoly would have otherwise expired.

      Personally, I don't think copyright terms should have anything to do with the life of an author. They should be a set duration, regardless of whether or not the author is still alive (like they were originally).

      --
      Unix is user friendly, it's just selective about who its friends are.
    52. Re:Bad news all around by SCPRedMage · · Score: 1

      The Walt Disney Corporation owns the copyright to Snow White (I think), but who's the author?

      I'd say the Brothers Grimm, but not even THEY can claim credit for it; it was originally a fairy tale "known from many countries in Europe": http://en.wikipedia.org/wiki/Snow_White

      Seriously, Disney is built atop public domain works, which is why they are the poster boys of hypocrisy.

      --
      My sig can beat up your sig.
    53. Re:Bad news all around by vertinox · · Score: 2, Informative

      Maybe a lot of slashdotters aren't old enough to have kids, but it seems to me that providing for one's widow and/or children is one of the things that an author would likely be concerned about, and probably even consider to be a "need".

      Author's can buy life insurance like the rest of us.

      Do plumbers demand royalties for toilets they fixed for their children after they die? Nope.

      Same difference.

      Just because you write books or make music, doesn't give you anymore rights than all the cubicle slaves and factory workers of the world.

      You want something to give your children after you pass one... Buy some land, buy stocks, and get insurance. It is what everyone else has to do.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    54. Re:Bad news all around by Anonymous Coward · · Score: 0

      I'd say 'authors life, plus 15 years' or 15 years, whichever is longer.

      The benefit being as mentioned above: So the author isn't killed because something would be more profitable public domain'd.

      (Mind you in that case all their competitors could have at it too though, hence the benefit of keeping them alive...)

    55. Re:Bad news all around by Shagg · · Score: 1

      Author's life plus 15 years to take care of any family left behind in the event of the author's death was the original duration of US copyright.

      No, that's not what the original duration was. It was originally 14 years with an option for a one time extension of another 14 years. That means copyrights would originally last a max of 28 years, even if the author was still living. The whole notion of "life + something" didn't exist in the US until 1976.

      --
      Unix is user friendly, it's just selective about who its friends are.
    56. Re:Bad news all around by Sun.Jedi · · Score: 1

      but it seems to me that providing for one's widow and/or children is one of the things that an author would likely be concerned about, and probably even consider to be a "need".

      Hows life insurance for satisfying that need? Or does that not create enough income for the little freeloaders? [sarcasm intended]

    57. Re:Bad news all around by Krinsath · · Score: 1

      Murder is conveniently illegal, but that's never in the history of crime stopped those who profit from it. Al Capone ran an organized crime outfit likely responsible for many murders that he ordered to expand his business. He was never arrested nor tried for murder, even though it was an open secret he was behind many of them. Instead, he went to jail for tax evasion. So yeah, laws against murder won't accomplish much since they're rather irrelevant to those who would profit from an individual's death. Plus, Hollywood and organized crime have very similar thought processes...funnily enough.

      As to the latter example, simply have a mechanism where they can call on a rights holder to prove they're still around either by recent public appearance or appearance before the court. Put in a certain "cooldown" time (a year or so from their last appearance) to prevent people from harassing a creator with constant defenses and away you go.

    58. Re:Bad news all around by S7urm · · Score: 1

      Also, my utter lack of faith in humanity says that particularly unscrupulous individuals would "arrange" things so that an author who didn't want to sell the rights to their work would have the creator killed and poof! Public domain now for me to create my crappy movie and destroy the work.

      Kurt Cobain?

      --
      "This is the value of a summer spent and a winter earned"
    59. Re:Bad news all around by ifdef · · Score: 2, Insightful

      That's not a very good analogy.

      Plumbers get paid for fixing the toilets at the time they fix them. And if the plumber dies before you pay your bill, you don't automatically get to forget the charges. Should the plumber have to buy insurance to cover that case? You might have life insurance to cover the fact that you won't be earning any more after you're dead, but do you buy insurance to cover your last paycheck because your employer won't have to pay it after you're dead?

      So, yes, it is the "same difference".

    60. Re:Bad news all around by ifdef · · Score: 1

      Umm, the person I was replying to was saying that copyright should automatically expire as soon as the author dies, because then he or she doesn't need the money any more.

    61. Re:Bad news all around by geekoid · · Score: 1

      But Adam and eve ahd two sons. How are we decedent?
      heh.

      Of course, Cain was given the mark to identify him from the 'others'.
      hmmm.

      I love how the Bible has evidence against Adam and Eve being the only people.
      Maybe they were neanderthals? I mean, really could anyone raised in Eden and easily fooled by a snake really hope to compete against Homo Sapiens?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    62. Re:Bad news all around by Anonymous Coward · · Score: 0

      While I wish I could believe that people would never sink so low, this IS an article about movie studios trying to claim a major film trilogy made NO money at all.

      To be fair, they are not claiming the trilogy made no money (although they have certainly done this with other movies in the past). They're claiming that the trilogy didn't make enough money to require payment under the terms of the contract, which according to the article is "a percentage [7.5?] of all gross receipts, after deducting 2.6 times the production costs, plus advertising expenses in excess of a certain amount".

      Obviously, given the terms of this contract, a movie could be quite profitable but still not require payment to the JRRT heirs. (...not that I think this is the case for the Jackson trilogy.)

    63. Re:Bad news all around by Shagg · · Score: 1

      They don't need it anymore. Whatever they have earned before they died is inherited by their heirs. Isn't that how the rest of the world works?

      I don't agree that copyrights should expire upon death (they shouldn't be tied to the author's life at all), but it has nothing to do with providing for their widow/children. An author can do that the same way that every other person earning a living does.

      --
      Unix is user friendly, it's just selective about who its friends are.
    64. Re:Bad news all around by hairyfeet · · Score: 1

      That is what insurance is for. Hell Loyd's of London would insure dancer's legs so i'm sure they would be happy to come up with a "cover the family and drop a lawyer of doom on anybody who tries to make a shitty movie of your work" policy.

      Let us not forget the US copyrights were a contract, nothing motre. In return for a LIMITED copyright so you could afford to create more work we got a richer public domain in return. If you are pushing up the daisies you aren't adding anything to the public domain and therefor aren't holding up your end of the contract, sorry. If a writer wants to provide for his family he could pull a Stephen King and have books stashed away in his closet that the family could publish under their own names after they are gone. But as long as we have "life+" there are gonna be greedy middlemen such as the asshats above screwing folks over.

      Remember, it is these huge copyrights that give asshats like Time Warner the money to screw over the authors with dirty tricks like "Hollywood Accounting". So if anything these longer copyrights just give MORE power to the middlemen, not the author.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    65. Re:Bad news all around by jim_v2000 · · Score: 1

      It might be more than a little suspicious if authors were getting murdered right before the announcements of movies based on their writing.

      --
      Don't take life so seriously. No one makes it out alive.
    66. Re:Bad news all around by Anonymous Coward · · Score: 0

      "Also, my utter lack of faith in humanity says that particularly unscrupulous individuals would "arrange" things so that an author who didn't want to sell the rights to their work would have the creator killed and poof! Public domain now for me to create my crappy movie and destroy the work. While I wish I could believe that people would never sink so low, this IS an article about movie studios trying to claim a major film trilogy made NO money at all. If they thought they could get away with it and make money, I don't doubt that some of them would do it."

      You know, I see this argument a lot when copyright terms come up in discussion. The fact is, it has nothing to do with copyright terms. Murder is illegal, plain and simple - we don't need more laws discouraging the various sources of motivation for murder. Maybe we should make a law preventing people from carrying cash, after all we're only encouraging muggers. Or how a law preventing people from owning fancy cars, it only encourages car jacking. Or maybe women should wear burkas, don't want to encourage rape...

    67. Re:Bad news all around by Anonymous Coward · · Score: 0

      Maybe a lot of slashdotters aren't old enough to have kids, but it seems to me that providing for one's widow and/or children is one of the things that an author would likely be concerned about, and probably even consider to be a "need".

      This is why you take your profits from the sales and put it in savings or some other better option to save money to pass down... LIKE THE REST OF US

      We in the real world call this 'getting a job and not being a bum', something the artists are clearly not all in touch with here.

      An artist failing to save their money, blowing it on whatever, then crying because we don't like being charged multiple times for the same thing and don't put up with it, is their own fault 100%. It is their life choices that failed to provide for their family, and that makes them pretty bad spouses/parents.

      To hell with them.

    68. Re:Bad news all around by Artifakt · · Score: 3, Insightful

      There's no way to avoid this sort of comparison. If I cited any example of a bad law that should not be enforced, and it was just as serious as our bad copyright laws, most people would have no opinion on that law. and of the few who did, roughly half of the people would argue that it was a good law (especially here). Just try it. Is tougher sentencing for crack cocaine than regular cocaine about proportional to copyright law? How about occasional abuse of eminent domain clauses? Raising the drinking age to 21 and including members of the armed forces on post? You have to compare the abysmal but quite limited injustice that is current copyright law to something more serious, something that affected hundreds of millions and literally cost lives, broke governments, or caused wars, or you can't make a critical comparison at all.

      --
      Who is John Cabal?
    69. Re:Bad news all around by Artifakt · · Score: 2, Informative

      Any author can already put the money they make during a fixed term into a trust for their heirs, or otherwise leave it to them in their will or make many other arrangements to get it to them, just like a person running a business or working for wages can leave money. So it's not just like any other property, it's a special, additional way to provide for a family after death, added on to all the rest everyone including authors can use.

      --
      Who is John Cabal?
    70. Re:Bad news all around by Artifakt · · Score: 1

      Yes, but He's already made an offer to keep that cut at only 10%. If the Pope's really his agent, he only gets 10% of that.

      --
      Who is John Cabal?
    71. Re:Bad news all around by PCM2 · · Score: 1

      They don't need it anymore. Whatever they have earned before they died is inherited by their heirs. Isn't that how the rest of the world works?

      It wasn't always. In the old days, people who worked in an office for 30 years expected to get a pension. If that was good enough for Joe Accountant, why should authors have some similar mechanism? Of course, these days no company is expected to have any kind of loyalty to its employees, but that's no reason to get bitter and say "screw everyone."

      I don't think it's unreasonable that an author should be able to provide for his family through ongoing income after his death. There's other precedent in society, too: Consider divorce, where one party is typically expected to provide for the other even though they might not even like each other anymore. Consider accidental death. If I die one year after writing the novel that goes on to be recognized as the greatest work of literature ever written, isn't it fair that my family, who supported me during the writing of it, should get something?

      It seems to me that we're becoming so used to everybody trying to screw us that when we see an opportunity for someone else to get screwed we automatically say, "That's the way it should be; it's only fair."

      --
      Breakfast served all day!
    72. Re:Bad news all around by Krinsath · · Score: 1

      Why would that be suspicious? Shock value and immediacy are well-known and often-used marketing ploys that would have a perfect application there while the loss is fresh in people's mind and the controversy would keep people buzzing about "the film that X was killed for" even if it was, in fact, completely baseless. Again, I'm noted for my lack of faith in humanity, so I might be overly cynical...

      Heck, Uwe Boll tried to promote a movie via parody of 9/11, so I feel safe in saying there's no low a marketing agency won't stoop to if they think it will grab people's attention. I can even see completely innocent groups attempting tie-ins that even go so far as to try and cast doubt on their own innocence for the sake of buzz. Remember, this is a story about a company saying a movie series that likely had over a billion dollars in sales (tickets, DVDs, licensed products) made no money and is saying it with a straight face; conventional logic has no place here.

    73. Re:Bad news all around by Odin's+Raven · · Score: 2, Funny

      Once you're dead, your work should hit the public domain.

      Scene: Hollywood, California, 1972. Francis Ford Coppola sits in front of a fireplace, stroking a cat. Two underlings are in attendance.

      • Coppola: So where were we...? Oh yeah, that "Godfather" book - are we ready to start shooting the movie?
      • Underling #2: Don Coppola, I'm sorry to say that Mario Puzo still has not agreed to give us the rights, even after your latest, most generous, offer.
      • Coppola: What were we budgeting to make the movie? Four million? Five million?
      • Underling #1: Six and a half million, Don Coppola.
      • Coppola: And the projected profits?
      • Underling #1: 245 million.
      • (Coppola pulls out a gun and shoots Underling #1.)
      • Coppola: And the projected profits?
      • Underling #2: (gulps) 245 million, Don Coppola!
      • Coppola: Very good, you learn quickly. Here's 5 million dollars. Find Stan "The Popgun" Phlegmy, let him know that I want Puzo "released into the public domain" by Friday. We start filming at 7:00 am Monday morning.
      • Underling #2: Yes, Don Coppola. It shall be done, Don Coppola.
      --
      A marriage is always made up of two people who are prepared to swear that only the other one snores.
    74. Re:Bad news all around by masterzora · · Score: 1

      The thing is, by US Constitution even, copyrights are established for a limited time to promote the progress of the arts. We grant you a _limited_time_ exclusive right to the work to encourage you to create and, in exchange the public gains this new work after your right to it expires.

      Given this, I can see strong arguments both for and against inherited copyrights. Either way, I believe it is disingenuous to try to assert that backing the forfeit of copyright at death implies or is the same as backing the forfeit of any other property at death.

      Like I said, I can see the argument in favor of inherited copyright in terms of providing for a family, but to use these arguments to say someone else's opinion to the contrary is misguided is rather stupid. I mean, if I build a chair and sell it, my family gets the money I made from selling the chair. Similarly, my family gets any money I made off of a copyright. However, when I die, they get nothing more from the chair but they get to ride my copyright until it expires or, more realistically, they die? Again, I'm not arguing either side here and I can see the merits of both sides, but to say it's misguided to think there's something wrong with that notion is rather misguided itself.

      --
      Remember, open source is free as in speech, not free as in bear.
    75. Re:Bad news all around by masterzora · · Score: 1

      I don't even know where to begin here. I mean, okay, let's start at the beginning: I never got paid for the time my father was at work, despite him being gone for weeks at a time, so why should an author's son get paid for the same? That argument is weak at best.

      Also, in Tolkien's case, he wasn't trying to support his family. He taught for that purpose. He wrote for the love of it, for the progress of the arts, basically. I don't know what his wishes were, exactly, regarding posthumous rights, but it's not as if he were relying on his writing to provide for his children. And, honestly, I don't think it should matter if he did. My employer has no facility to pay out to my family should I croak, so I still can't see the argument that copyright needs to act in this regard.

      Everything seems to revolve around a fundamental misunderstanding of copyright. Copyright is *not* intended to "protect" the author. It's intended to protect the public domain!

      --
      Remember, open source is free as in speech, not free as in bear.
    76. Re:Bad news all around by Shagg · · Score: 1

      There's a big difference between a pension or life insurance vs extending monopoly control just to provide for their heirs.

      --
      Unix is user friendly, it's just selective about who its friends are.
    77. Re:Bad news all around by Zerth · · Score: 1

      Maybe creators should stop accepting royalties and ask for a larger advances. Then they wouldn't be screwed.

      On the other hand, if copyrights went to life of the creator, I agree that not only would it be likely that they'd be assassinated by the Industry, it would be so likely that insurance companies would refuse or drop coverage of anyone who had taken a creative arts class:)

    78. Re:Bad news all around by DigitalCrackPipe · · Score: 1

      If you look up the definition of copyright, this would not be in the public domain: In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years.[wikipedia.org]

      These books were written from about 1948 onward, and Tolkien died in 1973. So, there are many more years before this material enters the public domain. The heirs of the intellectual property as well as the contracts that were made are intended to continue to receive the benefits of his work.

      If you don't agree with copyright law that's another matter, but your "for a variety of reasons" is a rather insincere way of saying "because I don't believe in copyright".

    79. Re:Bad news all around by Anonymous Coward · · Score: 0

      Then they can do like the rest of us plebs have to and give their kids a decent education and maybe give them some inheritance the day we die - not a lifelong income based off no actual labour of their own.

    80. Re:Bad news all around by Anonymous Coward · · Score: 0

      "Once you're dead, your work should hit the public domain."

      I agree. When a large media company wants to make a movie of your work, they should just be able to do a cost/benefit analysis as to whether it would be more expensive to pay you for the rights, or hire a hitman.

      Things would be so much more efficient that way.

    81. Re:Bad news all around by confusednoise · · Score: 1

      posting to undo mistake 'redundant' mod

    82. Re:Bad news all around by Anonymous Coward · · Score: 1, Insightful

      "Do plumbers demand royalties for toilets they fixed for their children after they die? Nope."

      I don't even know how such an astounding leap of illogic was moderated as informative.

      In exactly what way is the work of a plumber vs. the work of an author the 'same difference'?

      In what store may I go to buy a, let's call it a 'plumbed toilet fix'? Under your logic, if my toilet is backed up, I obviously wouldn't call a plumber.

      After all, I wouldn't call an author if I wanted to read a book.

    83. Re:Bad news all around by Stalky · · Score: 1

      "I mean, if I build a chair and sell it, my family gets the money I made from selling the chair. Similarly, my family gets any money I made off of a copyright. However, when I die, they get nothing more from the chair but they get to ride my copyright until it expires or, more realistically, they die?"

      Look, I believe in copyright on the scale suggested in the Constitution. Nevertheless...

      If you build a chair and die before you sell it, the chair passes to your family, which they may then sell. Allowing copyrights to pass to heirs serves exactly the same purpose as allowing material items to pass to heirs; it allows the full value of the thing inherited to be realized by the family, whether the creator is dead or alive. The crucial difference between the chair and the copyright is that the full value of a copyright is not realized in a single transaction.

      --
      Jeff
    84. Re:Bad news all around by Aceticon · · Score: 1

      "Creators" can, just like everybody else, choose to get life insurance and pay for it from the income they get from their work while they are alive. Everybody else does it, so why should "creators" be treated in any way special?

      That some "creators" choose not to have life insurance is because copyright has been extended to such extreme levels. Would copyright be brought back to fairer (for society as a whole) lengths said "creators" would choose to take life insurance or not just like everybody else.

      Should the children of a brick-layer be entitled to receive a stipend for every house their father helped build (payed whenever a house gets resold or rented) for 20 years after his death just in case he dies unexpectedly early? If not, then why should that be different for the children of a writer, actor, singer or other "creators" of copyrighted works?

    85. Re:Bad news all around by jabuzz · · Score: 1

      Right then life plus 22 years tops so that any remaining offspring have reached adulthood.

      Personally I believe there is this thing call life assurance that you can buy. By paying a regular monthly amount, your partner/offspring get a lump sum on your untimely death and a pension for the partner for the rest of their life, and till adulthood for your offspring. Works for everyone else, why not writers?

    86. Re:Bad news all around by tepples · · Score: 1

      If it takes a long copyright period to motivate creators, then that is what we need.

      A long copyright period demotivates authors by making underlying works unavailable for derivatives.

    87. Re:Bad news all around by rilian4 · · Score: 1

      Yep. that pretty much sums it up! ;-)

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    88. Re:Bad news all around by rilian4 · · Score: 1

      I stand corrected but I hope you saw where I was going with my post... I should have said the original act provided for 14 years protection and an option to renew for 14. That would mean that if we used that provision, everything Disney did up until 1995 or so would be public domain... My point was that Disney and others have in effect bypassed the constitutional provision against perpetual copyright by bribing congress to change the law. I looked up the current theoretical expiration date and the earliest would be 2019.

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
  5. Thought experiment by DoofusOfDeath · · Score: 4, Insightful

    This is going to sound wacky, but I really just want to think it through.

    What if we made the kind of fraud that's apparently exercised by music and movie studio accountants, punishable by death?

    How would that play out in society and culture?

    1. Re:Thought experiment by jedidiah · · Score: 2, Interesting

      It wouldn't work.

      A jury is not going to want to punish you unless you are "one of the little people".

      PR flacks will make sure that the white collar criminals maintain a well manicured reputation.

      Ultimately, the little guy will end up the one on the hook for the new draconian punishment. ...something sounds familiar here.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Thought experiment by Araneas · · Score: 1

      Like preaching to the choir brother!

    3. Re:Thought experiment by GodfatherofSoul · · Score: 1

      You don't have to make it "punishable by death," just flipping make it ILLEGAL! I'm so tired of hearing about a-hole musician managers like Klein ripping off artists and swindling them out of song rights, talent agents taking their pounds of flesh from artists and athletes, and trusted personal financial advisors diverting funds from their clients to their own coffers. Just make it clearly ILLEGAL. Draw strong outlines around what compensation these people are allowed to make while in the service of their clients. Create template contracts that uninitiated people can use to protect themselves. As it stands, you need a lawyer and an accountant to make sure your lawyer and accountant aren't fucking you!

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    4. Re:Thought experiment by DoofusOfDeath · · Score: 2, Insightful

      You don't have to make it "punishable by death," just flipping make it ILLEGAL! I'm so tired of hearing about a-hole musician managers like Klein ripping off artists and swindling them out of song rights, talent agents taking their pounds of flesh from artists and athletes, and trusted personal financial advisors diverting funds from their clients to their own coffers. Just make it clearly ILLEGAL. Draw strong outlines around what compensation these people are allowed to make while in the service of their clients. Create template contracts that uninitiated people can use to protect themselves. As it stands, you need a lawyer and an accountant to make sure your lawyer and accountant aren't fucking you!

      I think we're talking about two different things. You're arguing about unfair contracts. What the article is talking about (I believe) is out-and-out fraud regarding how much money is earned for a given movie.

    5. Re:Thought experiment by arthurp · · Score: 1

      I don't think you should hold the accountants liable. Hold the company liable. And punish it with death by revoking it's charter and liquidating it or something like that. And maybe the government could take control of the brand and certain critical assets so the company cannot just reappear under new ownership.

    6. Re:Thought experiment by Anonymous Coward · · Score: 1, Funny

      I don't know, but it'd make a great movie! I'll share profits with you for the rights to the story!

    7. Re:Thought experiment by YourExperiment · · Score: 2

      I think we're talking about two different things. You're arguing about unfair contracts. What the article is talking about (I believe) is out-and-out fraud regarding how much money is earned for a given movie.

      Not quite. This is essentially fraud on a moral level, but legally it's nothing more than an unfair contract. Look up Hollywood Accounting.

    8. Re:Thought experiment by DoofusOfDeath · · Score: 1

      Not quite. This is essentially fraud on a moral level, but legally it's nothing more than an unfair contract. Look up Hollywood Accounting.

      OMG. I had no idea.

    9. Re:Thought experiment by Number6.2 · · Score: 1

      what a great idea for a movie! I'll cut you in for half the profits! :D

      --
      "If god did not exist, it would be necessary to invent him" --Voltaire
    10. Re:Thought experiment by Jimmy_B · · Score: 1

      You are proposing the death penalty for ordinary fraud. This is totally unreasonable, and the US Constitution prohibits disproportionate punishment, so it can't ever happen.

    11. Re:Thought experiment by migla · · Score: 1

      Punishment (anykind, not just death) really only works as a deterrent for white collar criminals.

      For other crimes, motivated by strong emotion or (perceived) necessity, in the heat of the moment, one doesn't much consider the consequences in the long run.

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    12. Re:Thought experiment by Erikderzweite · · Score: 1

      That somehow reminds me of a Chinese CEO who was recently sentenced to death for fraud...
      Curious how ready you are to accept the de-facto immunity of high-level white collars.

    13. Re:Thought experiment by GodfatherofSoul · · Score: 1

      What the movie producers did is sly enough to take a lot of legal wrangling to get a settlement out of them. So, you can't call it fraud. My point is that there's so little regulation of entertainment contracts that behavior like this is ambiguous enough to not deem as fraud and I think it should be.

      My point being that they're using clever accounting to blur the line between legal and illegal. Same thing happened to Stan Lee and the Spiderman movie. Whenever that starts to happen regularly, you need laws to make what's wrong explicit.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    14. Re:Thought experiment by PMBjornerud · · Score: 1

      This is going to sound wacky, but I really just want to think it through.

      What if we made the kind of fraud that's apparently exercised by music and movie studio accountants, punishable by death?

      How would that play out in society and culture?

      Answer:
      Music and movie studios would lobby and twist the law until they could hand out death sentences for piracy.

      --
      I lost my sig.
  6. Re:It has no characteristics of an oil, or a hazar by Rooked_One · · Score: 0, Offtopic

    wow - so yea... no more posting on slashdot while on major cold medicines... if only there were a delete feature.

  7. They crossed up their net and gross reciepts... by dfenstrate · · Score: 5, Informative

    Looks like the deal was done maybe 40 years ago:

    Under the contract, New Line was to pay a percentage of all gross receipts, after deducting 2.6 times the production costs, plus advertising expenses in excess of a certain amount, according to Eskenazi. (from TFA)

    Nowadays it seems as though even the average slashdotter knows you take a portion of gross, because nothing involving MPAA or RIAA related-companies ever clears a 'net profit' (wink wink).

    It looks like Tolkien & co where less saavy 40 years ago, and essentially signed up to get screwed. I hope the movies were profitable enough that they can still clear some money for the family, but 2.6 times production costs of those movies is a hell of a lot, and 'advertising expenses in excess of a certain amount'- especially if that amount was a 1969 dollar amount, and not a percent-well, they could really end up with a contractually dictated 'nothing.'

    --
    Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
    1. Re:They crossed up their net and gross reciepts... by Foolicious · · Score: 5, Insightful

      It looks like Tolkien & co where less saavy 40 years ago, and essentially signed up to get screwed.

      Less savvy or just not very forward thinking in terms of technology.

      [nerd-speak]

      Tolkien pretty much gave away the movie rights because he (and whom else ever in his camp) never thought you could even make a movie out the LOTR. Would you have wanted to see a film adaptation using early 1970's film technology? Not as fun to watch if the Balrog looks Godzilla and the Nazgûl like some kind of Medieval Mothras, not to mention Treebeard looking worse than he even did in the films, or primitive miniatures making the cities of Middle Earth look like something made of Lego(s).

      Technology may have been Saruman's downfall, but it allowed for a pretty cool set of movies.

      [/nerd-speak]

      --
      Please don't use "umm" or "err" or "erm".
    2. Re:They crossed up their net and gross reciepts... by HeronBlademaster · · Score: 1

      Have you seen some of the earlier attempts at LotR movies? I'll be generous and call them "interesting" (in an abstract sense). One in particular attempted to combine real-life and cartoon in a style vaguely similar to the ever-popular Chronicles of Narnia movies (not the new ones), but they did it orders of magnitude worse on the crap-o-meter, and if memory serves, they didn't make enough money on the first one to make another to finish the story.

    3. Re:They crossed up their net and gross reciepts... by Maxo-Texas · · Score: 1

      It was by Ralph Bakshi of Fritz the Cat fame.

      It was the only movie I've ever fallen asleep in.

      The problem wasn't the animation- it was the editing and pace and lack of a decent score.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    4. Re:They crossed up their net and gross reciepts... by thetagger · · Score: 1
      Tolkien pretty much gave away the movie rights because he (and whom else ever in his camp) never thought you could even make a movie out the LOTR Would you have wanted to see a film adaptation using early 1970's film technology? .

      You are buying into the marketing, that technology has "finally caught up with Tolkien".

      Tolkien clearly, obviously, lifted a lot of his LOTR trilogy from Wagner's opera Ring of the Nibelungs. Wagner wasn't bothered in the slightest that there was no "technology" to seamlessly transform a humanoid character into a giant lizard in a 19th century theater (or 21st century theater for that matter), but he put that in the opera anyway.

      Maybe they didn't expect someone to make a movie, but technology wasn't the reason.

      Also, King Kong was made with 1930's technology and people seemed to have a lot of fun watching it at the time.

    5. Re:They crossed up their net and gross reciepts... by S7urm · · Score: 1

      Well said sir,

      and also may be a good lesson to impart on current creators of art, don't assume that your vision won't be accurately portrayed in the future, simply because current technology is incapable of doing so......

      I'd Mod you +100 Insightful if I could.

      --
      "This is the value of a summer spent and a winter earned"
    6. Re:They crossed up their net and gross reciepts... by Homburg · · Score: 1

      Would you have wanted to see a film adaptation using early 1970's film technology?

      Yes.

    7. Re:They crossed up their net and gross reciepts... by sesshomaru · · Score: 1

      1974: The Golden Voyage of Sinbad, possibly my favorite Harryhausen epic.

      --
      "MIT betrayed all of its basic principles."
    8. Re:They crossed up their net and gross reciepts... by Anonymous Coward · · Score: 0

      if the Balrog looks Godzilla and theNazgûl like some kind of Medieval Mothras

      I'd watch that movie.

    9. Re:They crossed up their net and gross reciepts... by dwye · · Score: 2, Informative

      > Tolkien clearly, obviously, lifted a lot of his LOTR trilogy from Wagner's opera Ring of the Nibelungs.

      No, he stole from the same sources that Wagner's sources used to compose the Nibelungenlied and the Volsung Sagas, even going back to old Finnish epics.

      Admittedly, LoTR could have been made using animation much earlier, as it WAS (look the two movies up on IMDB). The animated versions don't come close to the film adaptation, though.

  8. Re:It has no characteristics of an oil, or a hazar by Anonymous Coward · · Score: 0

    Are you suggesting it's here to do battle with TimeWarner?

  9. but but the MPAA is for the artists? by Dan667 · · Score: 4, Insightful

    The MPAA is fighting to make sure the artists and copyright holders get what they are owed? Did they forget or is it just a bunch of BS and you should not feel bad about piracy and ignore them?

    1. Re:but but the MPAA is for the artists? by Attila+Dimedici · · Score: 5, Insightful

      The MPAA is fighting to make sure the artists and copyright holders get what they are owed? Did they forget or is it just a bunch of BS and you should not feel bad about piracy and ignore them?

      When they say "artists" they mean their accountants.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:but but the MPAA is for the artists? by mcgrew · · Score: 1

      The MPAA is fighting to make sure the artists and copyright holders get what they are owed?

      He's dead, Jim.

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

      I don't see anywhere in there where the US constitution allows anyone but an author or inventor to be granted patent or copyright. How exactly does that twisted logic work, anyway? Is New Line Cinema British or something?

      Even Tolkien himself asked only for protection for living authors. Our constitution has become completely meaningless. As all our law is based on it, then the rule of law is dead in the US.

    3. Re:but but the MPAA is for the artists? by Dan667 · · Score: 1

      So your argument is that because they are copyright holders they should only be paid when it is in the interest of the MPAA and their creative accounting. Don't agree, it is clear the MPAA does not function per their charter and they should be disbanded.

    4. Re:but but the MPAA is for the artists? by CannonballHead · · Score: 2, Funny

      Have to hand it to them... they're pretty creative ;)

    5. Re:but but the MPAA is for the artists? by anonymous+donor · · Score: 1

      Oh, those are artists too.

      --
      fortune favors the lucky
    6. Re:but but the MPAA is for the artists? by sjames · · Score: 1

      Nonsense, they're doing everything in their power to make sure the CON-artists get everything. As for the creative artists that provide material for them to make movies out of? Not so much.

    7. Re:but but the MPAA is for the artists? by jd · · Score: 1

      So only the mime artists, then.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:but but the MPAA is for the artists? by wings · · Score: 1

      You're saying the accounting was creative?

    9. Re:but but the MPAA is for the artists? by mcgrew · · Score: 1

      I don't se how you came to that conclusion. What I said (and quoted the US Constitution to back it up) is that only the authors and inventors should have copyright. You should NOT be able to sell it or will it; you should only be able yo license it to a publisher.

      I do agree that the Media And Film Industy Associations of America (MAFIAA) should be disbanded. Actually their members should be jailed for thieft.

  10. Let me spell this out clearly by 16K+Ram+Pack · · Score: 1, Informative

    "Under the contract, New Line was to pay a percentage of all gross receipts, after deducting 2.6 times the production costs, plus advertising expenses in excess of a certain amount, according to Eskenazi." The simple lesson of hollywood accounting is this: you take a percentage of the gross - nothing more, nothing less. It might mean you get a smaller percentage, but there's nothing they can do to bury anything or remove anything.

    1. Re:Let me spell this out clearly by Anonymous Coward · · Score: 0

      1% of something is always more than 5% of nothing.

  11. Dragon magazine... by i.r.id10t · · Score: 2, Funny

    Dragon Magazine had a cartoon bit about this ... apparently they weren't even allowed to use the word "ring" anymore...

    "Hey, someone get the phone - its been circular metal band-ing off the hook!"

    --
    Don't blame me, I voted for Kodos
    1. Re:Dragon magazine... by Artifakt · · Score: 1

      That was Phil Foglio's cartoon, "What's New"

      Interested people can read those at:

      http://www.studiofoglio.com/

      (I don't get a kickback from Phil and Kaja for this, I'm just prostituting myself for nothing. As one of Phil's characters also said "Hey, I'm easy but I'm not cheap!).

      --
      Who is John Cabal?
  12. Re:It has no characteristics of an oil, or a hazar by __aarzwb9394 · · Score: 1
  13. Re:Read this elsewhere by Niris · · Score: 5, Funny

    You, good sir, are the first Troll in a thread about the Hobbit. Expect to be turned to stone.

  14. Then explain this by Jugalator · · Score: 1

    How in the fuck did these guys in any way contribute to the LOTR films, or even the whole mythos itself?

    --
    Beware: In C++, your friends can see your privates!
    1. Re:Then explain this by nebaz · · Score: 2, Informative

      Christopher Tolkien published the Silmarillion, after JRRT's death, among several other books, including the History of Middle Earth. Sure, strictly speaking it was all JRRT source material, but there has been a wealth of information out there, produced by these guys.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    2. Re:Then explain this by Tr3vin · · Score: 5, Informative

      Uh, The Silmarillion and The Children of Hurin. There are tons of notes and papers the Tolkien kept while writing his stories. Many of these offer insight into the world of Middle Earth, and would not have been easily accessible if it wasn't for the work of his son. Christopher Tolkien has spent a great deal of time going through his father's work, assembling notes from various sources to try to provide a more detailed history of Middle Earth. While the heirs aren't responsible for the original tale, they have done there share of work to get the story behind the story out and available to the public. Without the background, creating a movie like LotR would be much more difficult. The entire mythos was not well documented within the confines of the books. There were a lot of details that don't fit nicely within story form that were important to the movie. One of the biggest examples is the Elvish language. Much of the language has been put together from his original notes, which have been assembled by Christopher over the years.

      This is definitely not a case were the children are sitting around trying to bum money off of their parent's work. I am very thankful for their contributions. Without their work, my knowledge of Tolkien would probably be limited to The Hobbit and The Lord of the Rings.

    3. Re:Then explain this by bonze · · Score: 2, Informative

      From Wikipedia: "Tolkien never expected his stories to become popular, but by sheer accident a book he had written some years before for his own children, called The Hobbit, came in 1936 to the attention of Susan Dagnall, an employee of the London publishing firm George Allen & Unwin, who persuaded him to submit it for publication." So: no heirs: no hobbits: no precious for Time Warner to covet.

    4. Re:Then explain this by jnaujok · · Score: 4, Informative

      The contract was signed by J.R.R. Tolkien in 1969. Copyright doesn't even enter into the argument. New Line, Time Warner, and MGM are all bound by the original contract, signed by J.R.R. Tolkien. As the Inheritor of his estate, Chris Tokien has the right, along with the Tolkien Trust, to enforce the terms of the contract through civil action.

      I hate to make this sound angry, but it has nothing to do with Chris Tolkien, other than he's the one who inherited the money. J.R.R. Tolkien sold a product for a specific fee, partly up front, and partly to be paid later. The studio is now using fraudulent accounting techniques to avoid paying the "later" part. If J.R.R. Tolkien were still alive, he would be the one suing. Hes not, but the contract is still binding, so his estate is suing.

      Copyright doesn't even show up in this equation. Nor does whether his heirs added anything to the mythos (which he has through his clean up and publishing of all the remaining Tolkien works and notes.)

      This is just simple, every day, contract law.

      Disclaimer: IANAL, and this is my opinions, based on reading TFA.

      --
      Life, the Universe, and Everything... in my image.
    5. Re:Then explain this by jd · · Score: 2, Informative

      Christopher also did a fair bit of editing, cleaning-up and polishing, so he did actually have some creative input. I'd also include the audio tapes, which include an otherwise unknown piece of Elvish poetry being sung by JRRT, as contributing to our knowledge.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:Then explain this by PitaBred · · Score: 1

      And Christopher should retain copyright for that new stuff because he contributed to it. But this discussion isn't about the new works... it's about The Hobbit, and the LoTR series.

    7. Re:Then explain this by PitaBred · · Score: 1

      If the copyright properly expired, that would mean the contract was void. You can't sell something you don't own.

    8. Re:Then explain this by Your.Master · · Score: 1

      It's not that simple. There isn't a clear divide. There may be separate bound books but it isn't as though the movie were created in an isolation chamber.

      With that said, the movie also has a pretty good chance of feeding back into the Tolkien estate indirectly. It's not clear what they deserve a priori; maybe they should really be paying the movie studios for the advertising. But then, the LotR movies got decades of advertising that the books, both JRR Tolkien's originals and his heirs' contributions. And maybe the movies include elements of the background -- I certainly didn't go over the movies with a fine-toothed comb to ensure the only source was original works, public domain items, and JRR Tolkien's original books.

      What is damn clear that the studio is fucking them out of money they agreed to pay them based on specious technicalities.

    9. Re:Then explain this by Artifakt · · Score: 1

      It would not have been possible to write all the elvish dialog in the films just based on JRRT's original published work. That Elvish is a functional language the filmmakers could write new dialgue in was because of Christopher gathering, restoring and adding to his father's unpublished notes. To some extent the same could be said for the black speech of the Orcs.

            The maps used in the film are based on Christopher's maps and not just his father's. Various details of middle earth geography and architecture (such as the large sculpted head seen laying half buried on a hillside near the end of film 1, the barrows east-southeast of the shire, and the design of the ruins on Weathertop hill) are also extrapolated from Christopher's work and the manuscripts he edited and preserved. I'm not sure but what the cold green fire associated with the Witch King's fortress is something from the notes and not from the trilogy itself, or something made up by the filmmakers.

              The opening speeches about the ring's own history in all three parts include a lot that isn't in the trilogy or the Hobbit. Since the producers have said they wanted all that in to help audiences who hadn't read the books understand Middle Earth, and Peter Jackson has said that he thought using those to help make the movies accessible was vital to getting the films made, that's a pretty serious contribution all by itself.
         

      --
      Who is John Cabal?
    10. Re:Then explain this by somanyrobots · · Score: 1

      Copyright doesn't even show up in this equation.

      Except insofar as the contract is for use of copyrighted material. So yes, if the copyright had expired at any point since the signing of the contract, the contract would promptly become void. Nothing to sell.

    11. Re:Then explain this by dwye · · Score: 1

      > Without their work, my knowledge of Tolkien would probably be limited to The Hobbit and The Lord of the Rings.

      Without Christopher, as a child, correcting his father when he told some story differently than the first time, JRRT wouldn't have written anything down, and only the family and some friends would have any knowledge of Middle Earth, and unless you were heavily into Saxon Literature you would never have heard of him except as a friend of C. S. Lewis and member of his writing circle.

    12. Re:Then explain this by jnaujok · · Score: 1

      Absolutely wrong. I sell you an apple today. You agree to pay for it a week from now. You come back and say, "Hey, it's been a week, the apple is rotten, I don't want to pay you any more." That's wrong. It wasn't Tolkien's fault that the movie companies waited 35 years to make a movie.

      Otherwise every studio company would simply negotiate back end contracts, wait however long until copyright ran out, and then say, "screw you."

      Doesn't work, legally, morally, or even logically.

      Argue all you want about copyright being too long, but it has nothing to do with this.

      Personally, I'm in favor of life of the author, or 15 years from first publish if the author is dead. Then every year after that 15, you can pay $100/year^2 to maintain the copyright. Or $100 the first year, $400 the second, then $900, $1600, $2500, etc. That way, morons like Disney who really want to pay for something, can, but most works fall into the public domain after the author dies. Thus, the original creator gets rewarded -- or supports his kids if he croaks after writing for 15 years -- and then the work goes public. If a work is still earning money after 15 years, they can choose to pay to maintain the copyright and still earn, like Beatles albums.

      --
      Life, the Universe, and Everything... in my image.
    13. Re:Then explain this by jnaujok · · Score: 1

      Wrong, he sold it when he owned it. The transfer occurred in 1969, it was the payment that was delayed. They bought a product. I'd like to see you walk into a store with a TV you bought 30 years ago and say, "Hey, this thing's a piece of crap, I deserve my money back."

      Heck, did you ever pay at a restaurant with a credit card? Can you call the credit card company 24 hours later and say, "I don't have to pay for that, because the restaurant doesn't own it anymore and now it's a pile of sh*t!"

      --
      Life, the Universe, and Everything... in my image.
    14. Re:Then explain this by adolf · · Score: 1

      Would it be?

      Which part of copyright law acts to eliminate existing contracts upon expiration?

    15. Re:Then explain this by Godwin+O'Hitler · · Score: 1

      Playing the devil's advocate here: aren't those two works you cite, The Hobbit and LOTR, exactly what we're talking about?
      They haven't made a film of the Silmarillion yet to my knowledge.

      --
      No, your children are not the special ones. Nor are your pets.
    16. Re:Then explain this by Hazelnut · · Score: 1

      Thank you for posting a reasonable and rational summary. People who are so greedy like these studio execs make me want to believe in Hell !!

  15. This is common in Hollywood by Spy+Handler · · Score: 5, Insightful

    According to the studios, Spider-Man, Return of the Jedi and Forrest Gump all lost money and therefore no royalty on net income needs to be paid.

    These people are simply criminals, and deserve to be locked up as such. However Hollywood is famous for making large political contributions, and their boys are in power at the moment. (not that the "other" party did anything about it either)

    1. Re:This is common in Hollywood by swb · · Score: 2, Informative

      I agree that its criminal, but anyone who deals with this knows that you MAKE SURE you negotiate for "above the line" or "pre-expense" percentages of gross, guaranteed $x of the initial gross BEFORE expenses and marketing, as well as pre-production "commitment" fees of about half of what you want to make on the entire project. The latter is most important as it says nothing can even begin production until you get paid.

      However it would be really funny to see a few people get charged with felonies for fraud and share a cell with Bernie Madoff.

    2. re:this is common in hollywood by ed.han · · Score: 2, Interesting

      what i don't understand about all of this: how do the studios make any money whatsoever with accounting of that sort? how does this survive any kind of auditing process?

    3. Re:this is common in hollywood by Rude+Turnip · · Score: 1

      If everything is paid out as compensation, the production technically doesn't earn a profit, but the all of the players were still paid.

    4. Re:this is common in hollywood by blackraven14250 · · Score: 4, Informative

      Hypothetical: 95% of gross goes to subcontractors (run by studios). 5% (as guaranteed amount, i.e. 2 million) goes to people involved. That takes care of everything the movie grosses. There's no money left as profit, so anything based on net profit gets nothing.

    5. re: this is common in hollywood by ed.han · · Score: 1

      right: but the thing is, does anyone ever frigging audit this crap? i mean, shouldn't these things be audited at some point? if i were a rights holder, that's the first thing i'd do.

    6. Re:This is common in Hollywood by venicebeach · · Score: 1

      Is it a crime? I mean to ask if there are laws that prevent this form of accounting, or if it is just a sleazy loophole which is not in fact criminal.

    7. Re:This is common in Hollywood by PitaBred · · Score: 1

      They're still charged taxes differently if they don't "profit". I agree... throw the bums in jail

    8. Re:This is common in Hollywood by S7urm · · Score: 1

      I concur, an artist's royalties should be considered an expense just like any other "cost" associated with making a movie. After all, they are purchasing the rights of an idea someone else created to base their film on, thus they are taking what they make (gross income) and subtracting expenses (paying actors,directors,producers, AND WRITERS) however for some reason, authors are allowing themselves to be put at the end of the equation, instead of in step one.........kinda sad, but also foolish on the Author's part.

      --
      "This is the value of a summer spent and a winter earned"
    9. Re:this is common in hollywood by S7urm · · Score: 1

      Or put a bit more simply, there is no profit, because the "real profit" is distributed out as a calculated expense, so basically, they factor in their "net income" prior to the distribution of the film, and factor it as a "cost of creation" expense, because they guarantee a set figure as a "return of investment" expense, thus it zeros out the bottom line.

      --
      "This is the value of a summer spent and a winter earned"
    10. Re:this is common in hollywood by Anonymous Coward · · Score: 0

      There is actual special accounting software for handling "Hollywood accounting." At least according to Art Buchwald in one of his books. He was screwed by the studios over the Eddie Murphy hit "Coming to America" and wrote a book about the ensuing lawsuit, "Fatal Subtraction."

    11. Re:This is common in Hollywood by Anonymous Coward · · Score: 0

      This is only really possible if you're a major star. Another attribute of their accounting system is that very few people can get "points" because they are the draw for the movie, and the more they get, the less the studios will claim they can allocate to anyone else. So for instance, Nich Cage will eat up most of the pre-expense percentage points that don't go directly to the studio, and if there are any left they will go to _some_ of the other actors/staff.

      Another trick is, promising points to get an actor on board, but if you try to get it put in writing they will threaten to drop you for questioning their honesty. And then, because it's not written down, you won't have gotten what you ask for. So even if you successfully negotiate promised points you might not actually get them. If you sue, you will be blacklisted.

      You are underestimating how slimy these people are.

    12. Re:this is common in hollywood by Anonymous Coward · · Score: 0

      As public companies, isn't it their duty to maximize profits? If none of their movies are making them any money (which is obviously simply cannot be true, except for a very narrow, misleading interpretation), then why aren't their shareholders pissed off? Do they have two accountants, one that talks to rights-holders and one that talks to shareholders, each with different interpretations?

      Accounting in the record and movie biz is just so blatantly gamed that I can't figure out why it's allowed. Too big to fail or something? (hah)

    13. Re:This is common in Hollywood by ckaminski · · Score: 1

      I know, this should be common knowledge. Sales weasels always make sure their cut is a percentage of gross, not net, because you can squeeze the net all the way to zero pretty easily.

  16. I'd normally side with the family, but... by shawnmchorse · · Score: 3, Interesting

    If it weren't for the deal that J.R.R. made with Saul Zaentz way back when, we wouldn't have any of the Lord of the Rings movies in the first place. Nor the Lord of the Rings Online game (which I happen to play). Nor any number of other things that may have first turned people on to Tolkien, including the old pen and paper Middle Earth RPG system.

    Christopher Tolkien has had control over the rights to things like The Silmarillion, and is notoriously limited in what he'll allow people to do in relation to it. I'd hate to think of what would happen (or more to the point, not happen) if he were able to somehow get back control over The Hobbit and The Lord of the Rings also.

    1. Re:I'd normally side with the family, but... by cloudwilliam · · Score: 1

      We'll just have to be satisfied with the Rankin/Bass production. Ho-ho, my lad!

    2. Re:I'd normally side with the family, but... by wytcld · · Score: 2, Insightful

      The Silmarillion? And what do you propose to do with that?

      As for turning people on to Tolkien, everyone I know who reads sci-fi/fantasy read those books back when we were kids, before any of the derivative stuff was out. The books are sufficient and wonderful in themselves. And they had no trouble finding deeply-appreciative readers on their own strength.

      On the other hand, I'm sure the movies are fine. They were done at the right time, when cgi was finally good enough. Still, should I show my son the movies when he's old enough? Or should see that he reads the books first? Doesn't this stuff work better when its your own visions stimulated by the full force of Tolkien's linguistic art, rather than just duping your visions from Hollywood?

      Other than Blade Runner, the Wizard of Oz and the first Star Wars, Hollywood has never shown me a movie equal to the visual potential of the best sci-fi/fantasy books. It might be best to keep them away from our fine literature all together. Let them hire original scriptwriters. Keep the value of literature for literature.

      --
      "with their freedom lost all virtue lose" - Milton
    3. Re:I'd normally side with the family, but... by Dunbal · · Score: 1

      The Silmarillion? And what do you propose to do with that?

            Oh come on, there's at LEAST two epic movies in that book:

            Beren and Luthien, when combined with fluffy script, nasty beasties and special effects, could be a hit.
            Turin Turambar also would make a fine tragedy.

            Both of those "short stories" have more than enough plot in them to make decent movies - all you need is a good screenwriter.

            Possibly even the "Fall of Gondolin" might also be strong enough to stand on its own, if you take the story back to "The White Lady" meeting the dark elf, and push it forwards to Eärendil and the "War of Wrath".

      Admittedly the rest of the book is too disconnected to actually have a movie made out of it. But considering some of the utter rubbish coming out of Hollywood, I'm sure someone can turn the above into decent stories. Then just the Tolkien name alone would sell the films.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:I'd normally side with the family, but... by Anonymous Coward · · Score: 0

      He would destroy all existing copies of the movies AND brainwash everyone who has seen them.

    5. Re:I'd normally side with the family, but... by S7urm · · Score: 1

      While I agree with what you're saying to an extent, I think you are failing to figure in not only the fact that some people's imagination is so limited that they are truly impressed by a theatrical version of a book they've read, and also I think your average person enjoys watching a movie based on a book just to see if they shared an image of a charachter or scene with others, and also to see the awesome parts of the stories visualized for them (Like when the Fellowship is floating down the river to Rohan, I thought a lot of those scenes were very visually appealing) I am glad I saw the movies, though I do agree that they don't compare to the books

      Have your child read them first, then after a time, allow them to see the movies. IMO

      --
      "This is the value of a summer spent and a winter earned"
    6. Re:I'd normally side with the family, but... by Anonymous Coward · · Score: 0

      Those are all good ideas, but perhaps you should take a look at this site. It's summary a potential movie version of the Akallabeth, or the fall of Numenor. I think it would be a very good film, if not much of an action film.

    7. Re:I'd normally side with the family, but... by flameproof · · Score: 1

      Both of those "short stories" have more than enough plot in them to make decent movies - all you need is a good screenwriter.

      Assuming you've read as much and have watched any such derivative movies in the last, oh, 15 years or so, you would also know how un-like, un-fulfilling, un-good any such hack movie would be. Despite Jackson's best efforts, the LotR movies barely squeaked by and then pretty much on cinematography alone. (Note: I will NOT dispute this claim with anyone so don't even bother). If THEY paid ME I wouldn't deign to actually WATCH a movie based on Beren and Luthien; some things should stay in the media they were intended for.

      --
      ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
    8. Re:I'd normally side with the family, but... by Dunbal · · Score: 1

      you would also know how un-like, un-fulfilling, un-good any such hack movie would be.

            Oh come on. Surely an adventure by two lovers in spite of an angry father in law to wrest one of the most coveted things in the world from the very heart of evil has to be better than this stupid eternal love triangle Hollywood seems to be obsessed with.

            The only good movie I've seen recently was Duplicity, and only then because it was a fairly unpredictable ending. The rest is all the same old trash, linear script, boring love triangles and/or "here forget plot look at our special effects".

      --
      Seven puppies were harmed during the making of this post.
    9. Re:I'd normally side with the family, but... by dcherryholmes · · Score: 1

      I wouldn't think of it as fodder with which to mine movies, but something along the lines of an HBO series, like the one being done for Song of Ice and Fire. I think it would be pretty cool.... first episode opens up with the creation of the world, move on to the crashing of the pillars, the awakening of the elves, the poisoning of the trees, the elf on elf genocide..... on and on. I think it would all be cool.

    10. Re:I'd normally side with the family, but... by flameproof · · Score: 1

      The only good movie I've seen recently was Duplicity, and only then because it was a fairly unpredictable ending.

      Ah... Errrumm... Egh... Well, we'll just leave it at that, then, and I'll stand by my statement.

      --
      ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
  17. Something Good Could Come of It by eldavojohn · · Score: 5, Insightful

    ...on the one hand, the studios are greedy schmucks out to screw everyone all around.

    Remember that these "greedy schmucks" are the ones lobbying and influencing the law. You, I, the Slashdot community, we do not. But we are tax paying constituents. The only time we influence this is when we vote--and let's face it, it's not a voting issue.

    When Sonny Bono and Walt Disney effectively controlled the government into changing these laws, they were done selfishly. Nowhere were we represented. To say that Senator Bono acted with only his constituents in mind is a joke.

    So suddenly the double edged sword is coming back to cut one of the prime promoters today of these laws. Historically these term limits of enforceable copyright have only gotten longer. And their implications for the internet and digital media has been more than encumbering. I'm not saying these laws don't help the big companies and artists make more money. I'm only saying that it's getting to a ridiculous point. Time Warner/New Line Cinema might take it so hard from the Tolkien family that they realize their lost future profits 50 years from now is a small price to pay compared to all the material they could have in public domain to make movies and derivative works from.

    Lastly, was anyone ever wondering why there was no Lord of the Rings movies officially for so long? It's because the Tolkein family was just looking for someone to get screwed by. They probably saw through all the other scams.

    Hopefully this is a wake up call to those who have extended copyright for far too long. It will only start hurting themselves and actually inhibiting/endangering their profession.

    --
    My work here is dung.
    1. Re:Something Good Could Come of It by Bemopolis · · Score: 1

      To say that Senator Bono acted with only his constituents in mind is a joke.

      Well, remember he was representing California's 44th (The Fighting 44th!), which includes Orange County. So he probably was serving *his* constituents, even though it was counter to the interests of the other 300 million Americans.

      --
      "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    2. Re:Something Good Could Come of It by dwye · · Score: 1

      > Lastly, was anyone ever wondering why there was no Lord of the Rings movies officially for so long?

      Because Ralph Bakshi didn't finish his animated version from the 1970s, which only covered the first two books.

      Eventually, the state of the (CGI) art became good enough that someone could dream of re-doing LoTR with actors supplying images as well as just voices.

  18. Smeg off! by DarthVain · · Score: 1, Informative

    The book is 72 years old. Smeg off you vultures!

    http://en.wikipedia.org/wiki/The_Hobbit

    1. Re:Smeg off! by broken_chaos · · Score: 1

      Don't worry, it's only in copyright for another 60 years in the United States.

    2. Re:Smeg off! by Pvt_Ryan · · Score: 1

      It's out of copyright in the UK, 50years is the limit here :D

  19. Ob. Futurama by DarthVain · · Score: 4, Funny

    Leegola: What else can we slay? Is that a hobbit over there?
    Titanius Anglesmith: No, that's a hobo and a rabbit. But they're making a hobbit.

    1. Re:Ob. Futurama by DinDaddy · · Score: 2, Funny

      I'm a rabbo, you insensitive clod!

  20. Re:I hope they all die by Anonymous Coward · · Score: 0

    Yeah, especially that worthless leech Christopher Tolkien. What has HE ever published?

    (For the humor-impaired: that was sarcasm. Yes, the contract was ass, but that doesn't mean it will necessarily hold up. Indeed, if the contract is worded such that the late Mr. Tolkien gave away the movie rights to his works for essentially nothing, there's a good bet the contract can be set aside or at least amended so a fair compensation can be had, which is no doubt precisely what the Tolkien Estate is counting on -- and good for them. Fuck all these whiny little fags who are baaaaaaawing because they may not get to sit in a cramped theater and watch their precious movie in their hobbit costumes -- it just makes you sound like commies and losers.)

  21. LotR by AP31R0N · · Score: 1, Offtopic

    "The" doesn't deserve capitalization any more than "of". You wouldn't capitalize the in the book title either. For abbreviations show all articles and prepositions as lower case. If you have an article or preposition at the beginning of the abbreviation, show it as lower case. Of Mice and Men would be oMaM.

    By showing articles in lower case you give a clue to the reader that the letter represents something small and structural, rather than a 'real' word. LoTR would suggest Lord of Token Rings.

    Side note: Not all abbreviations are acronyms. It's like rectangles and squares. All squares are rectangle, but not all rectangles are squares. An acronym is a TYPE of abbreviation SPOKEN as a word, rather than spelled. SCUBA is, CIA is not. Some twat blithers, "but, but, the dictionary says...". Dictionaries record how words are USED (correctly or otherwise), not just what they mean. If acronym means abbreviation, why have two words? How do we communicate the lost specificity of the word acronym?

    Here's where you call me a pedant/prescriptivist/grammar nazi so you don't have to learn.

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    1. Re:LotR by Chris+Burke · · Score: 1

      By showing articles in lower case you give a clue to the reader that the letter represents something small and structural, rather than a 'real' word. LoTR would suggest Lord of Token Rings.

      Sounds pretty awesome to me! Frodo Baggins, a CS major who just wants to get a lazy job in a low-key data center and smoke pipe weed in his spare time, gets drafted on a mission to travel to the dark lair of Big Blue, in order to toss all the documentation for an evil and corrupting LAN technology into a volcano.

      Side note: Not all abbreviations are acronyms. It's like rectangles and squares. All squares are rectangle, but not all rectangles are squares. An acronym is a TYPE of abbreviation SPOKEN as a word, rather than spelled. SCUBA is, CIA is not.

      What, am I the only one who pronounces it "Lot-er"? ;)

      Some twat blithers, "but, but, the dictionary says...". Dictionaries record how words are USED (correctly or otherwise), not just what they mean. If acronym means abbreviation, why have two words? How do we communicate the lost specificity of the word acronym?

      Um okay, but even in its admittedly bastardized usage, "acronym" is still different than "abbreviation". An acronym is a type of abbreviation that combines one letter (usually first) from multiple words into a single word. Whereas things like Dr., op-ed, and abbr. are also abbrs. Abbr. is still a much more general term than what the common usage of acronym implies.

      Is there a word for "abbreviation-than-combines-first-letters-from-multiple-words-but-isn't-pronounced-as-a-word"?

      --

      The enemies of Democracy are
    2. Re:LotR by nedlohs · · Score: 1

      Why do I get sick, but you get ill?

      Why do you buy things, but I purchase them?

    3. Re:LotR by Wraithlyn · · Score: 1

      If acronym means abbreviation, why have two words?

      Because, as you said yourself, "not all abbreviations are acronyms". Mass. is an abbreviation of Massachusetts, but it's certainly not an acronym by any definition.

      How do we communicate the lost specificity of the word acronym?

      Adjectives? "Spoken acronym", if you really need to make the distinction? (How often does that happen?)

      The point is, right or wrong, nobody uses "initialism", and that's not likely to change.

      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
    4. Re:LotR by Anonymous Coward · · Score: 0

      The point is, right or wrong, nobody uses "initialism", and that's not likely to change.

      Wrong. People use it all the time, and at least as far back as Linguistics symposia from the 1960s. Anyone who needs to make the distinction (linguists, grammar studies) knows that there is a term for it, and that term is 'initialism'.

      An initialism is a type of acronym, which is a type of abbreviation.

      If you need to make a distinction, and there's already a word for that distinction, just use it. The fact that you don't know it is just simple ignorance, now remedied by the fact that you're now informed of it.

      Adjectives? "Spoken acronym",

      Why reinvent the wheel when there's already a term for it? You wouldn't call a hard drive "permanent RAM".

    5. Re:LotR by KingOfTheDustBunnies · · Score: 1

      But of course it's not Lord of the Rings but The Lord of the Rings, and thus we should initialize it as TLotR.

      Join me, and our combined pedantry will make the world a better place!

    6. Re:LotR by Wraithlyn · · Score: 1

      Wrong. People use it all the time

      Oh FFS, of course SOME people do. Exceptions that prove the rule. My point was simply that it is not in common usage. Heck, Firefox's spell checker doesn't even know about it. ;)

      An initialism is a type of acronym, which is a type of abbreviation.

      Sounds good to me. The OP was arguing that an initialism is NOT a type of acronyn; they are mutually exclusive groups. I think that's a silly distinction; another poster mentioned JPEG and a few others as examples of ones that don't fit either category, which is why "acronym" should simply refer to all of them in the general sense.

      Why reinvent the wheel when there's already a term for it? You wouldn't call a hard drive "permanent RAM".

      Um, great example? The term "HARD drive" was coined by adding an adjective to an existing term, instead of inventing a new word. You make my point for me. ;)

      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
  22. What about "The Hunt for Gollum?" by bhagwad · · Score: 1

    How come no one's going after "The Hunt for Gollum" fan movie?

    1. Re:What about "The Hunt for Gollum?" by Sqweegee · · Score: 1

      The Hunt for Gollum team went to massive excess to make sure their film was completely profitless without any accounting shenanigans. They also sought the go ahead from Tolkein Enterprises which controls many of the rights to LotR.

      Excellent quality for a fan film.

  23. Re:Read this elsewhere by Red+Flayer · · Score: 2, Funny

    See sig below.

    Apparently J.R.R. Tolkien warned us in advance of the actions his heirs would take WRT copyright.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  24. Re:Read this elsewhere by Red+Flayer · · Score: 0, Redundant

    Aw crap. I've waited years for the right story to reference my sig, and then I waste the golden opportunity provided by this article on the measly parent to this post.

    Well, make the same joke a little better...

    Apparently Tolkien's heirs are Olog-hai (see sig below).

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  25. Well, one more advertising saying "Pirate it all" by jbssm · · Score: 2, Insightful
    And these thieves still want me to buy the DVD.

    When is someone posting the extended version of LoTR box in 720p at PirateBay please?

  26. Obligatory by hobbit · · Score: 5, Funny

    Rumors of my death have been greatly exaggerated.

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    1. Re:Obligatory by Anonymous Coward · · Score: 0

      Rumors of my death have been greatly exaggerated.

      You better hope noone from the estate of Samuel Clemens (AKA Mark Twain) reads Slashdot!

  27. Re:It has no characteristics of an oil, or a hazar by jamstar7 · · Score: 1

    Are you suggesting it's here to do battle with TimeWarner?

    Wouldn't that be cool if it were? 'Unknown organic blob swims to Hollywierd, eats Time-Warner, dies of toxic shock and insulin poisoning'.

    Dibs on the copyright!!! WHERE'S MY MOVIE CONTRACT??

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  28. fuck creator's rights by circletimessquare · · Score: 1, Troll

    pharmaceutical companies make plenty fine income, with very short patents on the use of drugs, because of the clear and moral trepidation of life-saving drugs being bound in financial chicanery. the same holds true for cultural output, but since the consequences of artificially extended ownership are less obvious and onerous, the impoverishment of OUR culture is less clear, even though it is real and horrible

    the same holds true for any book, movie, song, or anything else, created by anyone

    after awhile, that piece is part of YOUR culture, and is owned by YOU

    your grandad wrote a good pop song? good for him. you want money for it? fuck you

    what creators will get, and will always get, is fame, and that has lots of avenues for capitalization

    but i am fucking sick of this idea that you write a song, or a book, or a movie, and somehow you get to decide how it is used for all time

    no: fuck you. we love you for what you made, but your control is artificially extended by greedy bastards and broken laws

    there is no reason why have to pay someone to sing happy birthday. there is no reason i can't use the image of some stupid cartoon mouse created 70 years ago however i like if i want to. of course, there ARE reasons, but they are all morally broken and extended only by corporate greed

    fuck the idea of intellectual property. the story of the 21st century will or should be about the downfall of the logical and philosophical and therefore legal assumptions that allow this malignant idea to persist

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:fuck creator's rights by Anonymous Coward · · Score: 0

      Although Disney still has and utilizes the copyrights that it holds on "Steamboy Mickey", way back in the early 1900s...

      I think the real beef is the double-standard Hollywood appears to have. They want copyright to be enforced, but they don't want to pay people for using their copyright... wtf?

  29. If The Deal Changes on The Back End... by RobotRunAmok · · Score: 1, Insightful

    ...then it needs to change on the front end as well. An author's overall compensation comes down to: "Lookit, we're going to pay you a teensy-weensy amount now so that you can stay breathing long enough to write a sequel, but don't worry, if this thing is really as good as you think it is, you'll make it all up on the back-end residuals."

    So if you IP crusaders want to shorten the time it takes for a book to enter public domain (presumably so you all can post your fan fiction without fear of a C&D letter), then make sure the publishers all get the memo to pay authors more up front. Anything else is a bait and switch. To put it into a cube-dweller analogy, it would be as if you were hired at a low base pay but told you would make it up in your end of year bonus. When end-of-year came around, you were told, sorry, we don't do bonuses anymore, oh, and by the way, you're working Christmas, too.

    1. Re:If The Deal Changes on The Back End... by Tenek · · Score: 1

      So then if we set, say, a 25-year copyright term, then we're going to destroy how many people whose bestsellers are written a couple decades before sales take off?

    2. Re:If The Deal Changes on The Back End... by geekoid · · Score: 1

      0 Zero zip nada

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  30. Old news by Anonymous Coward · · Score: 1, Informative

    Who dug this up? This story is over a year old...

    http://movies.ign.com/articles/852/852192p1.html

    February 14, 2008 - Earlier this week, the estate of author J.R.R. Tolkien sued New Line Cinema over profits from the studio's Oscar-winning, blockbuster Lord of the Rings trilogy, a move that cast doubt on the possibility of their feature film adaptation of Tolkien's The Hobbit.

    Or just google "Hobbit lawsuit"

    sheeesh.

    1. Re:Old news by Sun.Jedi · · Score: 1

      The /. editors just got to it?

  31. Shocked, shocked I say by Anonymous Coward · · Score: 0

    "Apparently they haven't gotten any money due to some creative accounting."

    I believe the term is "standard Hollywood accounting practice".

    Oh, and I'll bet any royalty litigation subsequent to the film's release is probably in there as a "production cost" too.

  32. Does anyone own their own ideas anymore? by isa-kuruption · · Score: 2, Interesting

    LoTR was a great work by someone who really spent time and effort writing the book. Does he (or even his family) not deserve to reap the rewards of his efforts that we are all enjoying? Why does everyone think that just because you like it that somehow it's now no longer HIS but OURS. Communism?

    On a separate but related note.... if Hollywood studios came up with their OWN IDEAS instead of just using comics / books / other movies as a basis for new scripts, they WOULD NOT HAVE THESE PROBLEMS. Screenwriters need to start coming up with original ideas, not just remakes of movies from the 50s or childrens cartoons from the 80s.

    1. Re:Does anyone own their own ideas anymore? by Anonymous Coward · · Score: 0

      Maybe because he is dead?

    2. Re:Does anyone own their own ideas anymore? by Whorhay · · Score: 1

      This is a fight between a bunch of chuckle heads.

      Most people on /. probably feel that copyright should not extend long enough for Tolkien's heirs to still be expecting money from their fathers books.

      And most people on /. probably also find the business practices like the infamous Hollywood Accounting techniques to be despicable and essentially outright fraud.

      Personally I'd like to see them all DIAF right after producing the movie for me to watch.

    3. Re:Does anyone own their own ideas anymore? by sukotto · · Score: 1

      No, his family does not deserve to reap anything more from the franchise. It was written 70 years ago, it belongs in the public domain.

      --
      Come play free flash games on Kongregate!
    4. Re:Does anyone own their own ideas anymore? by isa-kuruption · · Score: 1

      Maybe you should refer to this chart. http://copyright.cornell.edu/resources/publicdomain.cfm

      According to the chart, 95 years after the date the work was published (assuming copyrights are still in place).

      Stop stomping your feet like an infant. The fact is, if the makers of the movies didn't want to pay royalties for a copyrighted work, they should have picked an older story to make a movie about.

    5. Re:Does anyone own their own ideas anymore? by sukotto · · Score: 1

      You seem to believe that I don't know what the current copyright limits are.

      Perhaps it wasn't obvious to you that I was expressing an opinion. Namely that a work produced 70+ years ago belongs in the public domain and therefore that the family deserves nothing.

      You asked what they deserve. You didn't ask what they're legally entitled to under the current (again in my opinion) *egregiously* long copyright terms.

      (Also, "stamping my feet"? sheesh)

      --
      Come play free flash games on Kongregate!
    6. Re:Does anyone own their own ideas anymore? by Fantastic+Lad · · Score: 1

      LoTR was a great work by someone who really spent time and effort writing the book. Does he (or even his family) not deserve to reap the rewards of his efforts that we are all enjoying? Why does everyone think that just because you like it that somehow it's now no longer HIS but OURS. Communism?

      I can understand what you are saying, and I agree with it to a point, and that point is called, "Culture".

      The stories and ideas which bind us together as a culture also form the words of our language, the content of our dreams. Creating a system in which only those who have enough wealth are legally allowed to experience certain thoughts is pretty tyrannical.

      So you have a spectrum; at one end, you have honest rewards earned from honest labor, and on the other end you have tyranny. Anybody who tries to say that only one end of that spectrum exists. . , well that person is wrong. (And there are a lot of wrong people out there.)

      The problem is that the gray area between the ends on this spectrum is where most of us live, and the problem cannot be solved by putting every situation through a simple mathematical formula to receive a Yes/No answer. It just doesn't work that way, as we've found through the application of endless arguments of limited perspective which only give us another push on the logical merry-go-round.

      We should try rather to gauge these situations based on how fair they seem. LoTR has passed into common culture at this point, that much is clear, however, I also think it would be fair to give a tip of the hat to the Tolkien estate. It doesn't have to be a billion dollars, but for goodness sake, a couple million wouldn't bloody hurt when studio executive coke-heads are raking it in. --Speaking of whom, I'd love to see that crowd allow some of their works to pass into public domain. Sheesh.

      -FL

    7. Re:Does anyone own their own ideas anymore? by Artifakt · · Score: 1

      You're right, all that crap in the constitution about 'for a limited time' is Marxist drivel. Now write your congressman and demand they get all that commie stuff out of the constitution.

      --
      Who is John Cabal?
    8. Re:Does anyone own their own ideas anymore? by kindbud · · Score: 1

      Why does everyone think that just because you like it that somehow it's now no longer HIS but OURS.

      Because Tolkien is dead. Dead men do not need to collect royalties, because no amount of financial incentive will permit them to create more new works.

      --
      Edith Keeler Must Die
    9. Re:Does anyone own their own ideas anymore? by grimborg · · Score: 0

      My father used to fuck a woman, who gave birth to a child who's now a hooker. Why can't I have a share of the profit she makes? After all, I am my father's family...

  33. Should they also by Pvt_Ryan · · Score: 1

    take into account potential sales lost to piracy?

    After all it would have been revenue for the Company (at least that's what they tell us)..

    1. Re:Should they also by Dunbal · · Score: 1

      take into account potential sales lost to piracy?

            Oh god no, if that happened we'd have all of Hollywood lining up for "bailout money" from the government, too!

      --
      Seven puppies were harmed during the making of this post.
  34. Re:Read this elsewhere by Anonymous Coward · · Score: 0

    *slow clap*

    Good work.

  35. Eminent Domain for Copyrights / Patents by ub3r+n3u7r4l1st · · Score: 2, Funny

    We need Eminent Domain for intangible properties as well. With that the government can nationalize the rights to LoTR and ensure seamless production of 'The Hobbit' films. The government can request to the Supreme Court that this lawsuit is considered "hindrance to the advancement of humanities" and therefore should grant eminent domain rights.

  36. Re:Read this elsewhere by Anonymous Coward · · Score: 0
  37. Why author's life at all? by Anonymous Coward · · Score: 0

    Just 15 years.

    If you can't get a profit to live off while writing in 15 years, YOU SUCK.

    And if it's the "looking for a publisher" then NDA's last forever.

  38. In that case... by jd · · Score: 1

    Burn your copy of the Silmarilian (posthumous release, due to the Publisher's cowardice). I certainly don't agree with indefinite copyright, or even the absurd life + 90 they have at the moment. Life =OR= 50 years from publication, whichever is the longer, is perfectly adequate to cover most situations.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  39. Yeah, maybe people like you will wake up by snowwrestler · · Score: 1

    Remember that these "greedy schmucks" are the ones lobbying and influencing the law. You, I, the Slashdot community, we do not. But we are tax paying constituents. The only time we influence this is when we vote--and let's face it, it's not a voting issue.

    Speak for yourself. I call or write my elected representatives all the time about issues. I donate money to nonprofits who have professional lobbyists just like the RIAA does--but working for what I want.

    Want to see the power of citizen lobbying? We're not drilling in ANWR, despite 6 years during which the Republican party controlled the White House and most of Congress. Whether you think that's good or not, it certainly demonstrates that corporate interests are not the only players in Washington.

    If members of Congress received 10 calls every day about copyright issues, they would listen. A call is worth 10 letters because it interrupts what they're doing--they can't put if off or ignore it.

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  40. The agreement was made 40 years ago. by Noren · · Score: 4, Insightful

    The rights were sold 40 years ago, per the article. At the time, the Tolkien estate did not exist- the author himself was alive to negotiate the conditions under which his works would be used. So, it is your opinion that Tolkien was 'naive' to not have spelled out in detail who would be entitled to what percentage of the DVD sales revenue when he negotiated the deal in 1969?

    If anything, it looks like he did pretty well for an agreement made in 1969 by trying to require a percentage of the gross, but he did permit certain expenses to be deducted which were then gamed by Hollywood accounting.

    1. Re:The agreement was made 40 years ago. by CodeBuster · · Score: 1

      So, it is your opinion that Tolkien was 'naive' to not have spelled out in detail who would be entitled to what percentage of the DVD sales revenue when he negotiated the deal in 1969?

      No, it is not. Anyway, the DVD sales are probably covered under the original agreement which specified 7.5% of "sales", but who can be sure without litigating the issue in court which is where the parties will probably end up if they cannot reach an agreeable settlement.

      but he did permit certain expenses to be deducted which were then gamed by Hollywood accounting.

      IANAL, but that sounds like it could be a real thorny mess with much debate over what an "expense" is or to what extent an "expense" is reasonable or not. That could take a while and much argument to untangle.

  41. Re:Read this elsewhere by Anonymous Coward · · Score: 0

    Not exactly - he's safe in the darkness of his parents' basement.

  42. Re:LotR - Initialism by ahecht · · Score: 1

    The word you are looking for is an "initialism", which is like an acronym that you pronounce as individual letters.

    However, I'm not sure about ones like JPEG or MSDOS that are part initialism and part acronym.

    You also have ones like SQL which some people treat as an initialism (S-Q-L) and others as an acronym (sequal).

    Finally, you have ones like AAA, IEEE, or NAACP which are neither pronounced as a word or as the individual letters (triple-A, I-triple-E, N-double-A-C-P, etc.).

    How about we just call them all acronyms and get over it. Do we really need single words to describe each case?

  43. The answer? by city · · Score: 1

    www.pirate-party.us

    I have my problmes with ye olde party, but I really can't stand much more of this BS. Somebody is going to have to do something.

    --
    I am a v1ral sig. Plse c0py me and h3lp me spread. Thank y0u?
  44. Prince, Michelle Shocked by plopez · · Score: 2, Interesting

    Courtney Love, Joni Mitchell the list goes on.

    Prince changed his name to an unpronounceable symbol, a stroke of genius because the contract he was under said he could use his own name if he jumped ship. He became "the artist formerly known as Prince".

    Courtney Love got hosed and wrote about how a band with a platinum album could end up scraping by on whatever a record company threw them.
    http://archive.salon.com/tech/feature/2000/06/14/love/

    Joni Mitchell got hosed, and put an article about it up on the web.
    (can't find the link)

    Michelle Shocked couldn't record an album for 10 years due to a bad contract.

    Beck accepted the lowest contract offer he got because it gave him the most control.

    It's not just the movie companies.

    Book publishers too. God help you if you accept an advance or or go on a book tour. The charge backs can be horrific. Don't ever let them buy you anything. They'll overcharge you for any and all services. the limo to the airport or the venue might seem nice, but they will charge you back for it.

    The opening night gala for the movie opening, book openings. Etc.

    The word "pimps" comes to mind.

    --
    putting the 'B' in LGBTQ+
    1. Re:Prince, Michelle Shocked by plopez · · Score: 1

      Damn it. I wish I could edit after posting. Prince could *not* use his name after jumping ship for X number of years. Hence the name change.

      --
      putting the 'B' in LGBTQ+
    2. Re:Prince, Michelle Shocked by LMariachi · · Score: 1

      And there's the classic Steve Albini analysis of how a typical major label contract shakes out monetarily. (Summary: The band gets screwed.)

  45. Re:Read this elsewhere by Anonymous Coward · · Score: 0

    Q
    x
    5 cockatrice eggs in quiver.
    f
    8

  46. uhmmm... Cartoons? by relguj9 · · Score: 1

    It looks like Tolkien & co where less saavy 40 years ago, and essentially signed up to get screwed.

    Less savvy or just not very forward thinking in terms of technology.

    [nerd-speak]

    Tolkien pretty much gave away the movie rights because he (and whom else ever in his camp) never thought you could even make a movie out the LOTR. Would you have wanted to see a film adaptation using early 1970's film technology? Not as fun to watch if the Balrog looks Godzilla and the Nazgûl like some kind of Medieval Mothras, not to mention Treebeard looking worse than he even did in the films, or primitive miniatures making the cities of Middle Earth look like something made of Lego(s).

    Technology may have been Saruman's downfall, but it allowed for a pretty cool set of movies.

    [/nerd-speak]

    I'm going to pretty much shoot down your argument with a link to The Hobbit, circa 1977. There was also The Lord of the Rings (1978) and The Return of the King (1980).

    While these movies weren't, by any means, great (although I thoroughly enjoyed The Hobbit movie as a kid). With a story that good, and popular, I have a hard time being convinced that they believed there would be no possibility of a good selling LOTR universe movie being created. To the point that they would just say, "Hey screw it lets give it away."

    I'm pretty sure they just screwed up if they signed a "net profit" contract.

  47. Re:Well, one more advertising saying "Pirate it al by Anonymous Coward · · Score: 0

    wow. some serious gymnastics in your fucked up mind translated this into an excuse to get free movies. This must be slashdot / torrentfreak.

  48. Re:Read this elsewhere by orta · · Score: 2, Interesting

    Set that graph to 10years and you can see the tech bubble pop :)

    --
    my band is more brutal techno punk than yours
  49. Re:it's up to citizens to punish them, then. by Anonymous Coward · · Score: 0

    Why do US citizens have guns if not for that?

    How big a crime does it take before people stand up and say: "This BS stops now, or else."

    LOTR apparently made over 2 billion dollars. _Who_ took the money?

    Procura o cara.

  50. Re:Well, one more advertising saying "Pirate it al by acohen1 · · Score: 1

    Good luck with that: PRODUCT ALERT: "The Lord of the Rings (Extended Editions)" is scheduled to be released on Blu-ray in 2011 or 2012. from http://www.amazon.com/gp/product/B0026L7H20 So until then, I dont know how else you would get a source for the extended cuts in HD. Sorry.

  51. 56 years by voss · · Score: 1

    Even under the pre-1976 copyright rules , the lotr books would still have been under copyright for another 1-2 years.

    1. Re:56 years by Shagg · · Score: 1

      But the Hobbit would have been in the public domain as of 1993.

      --
      Unix is user friendly, it's just selective about who its friends are.
  52. What? by geekoid · · Score: 1

    You are going to ahve to link a cite.

    Plus, it isn't a loophole. The Constitution specifically says congress can create copyright if they want to, but they don't have to.
    It's an option.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  53. Well yeah man by S7urm · · Score: 1

    I mean think of how "creatively" those accountants are cooking those books, it should be considered art.

    --
    "This is the value of a summer spent and a winter earned"
  54. As someone with children... by Anonymous Coward · · Score: 0

    I completely agree copyrights have been extended far too many times and too many years into the future. However, as a father, there is little doubt in my mind that I would do nearly anything in my power to provide for my children even after death. Of course there is a gray area in this matter, but to curse the children or grandchildren of someone simply because they are taking advantage of the fruits of their family's labor seems a little harsh. I'd die happy knowing that my family and even extended family was provided for due to my creative works. It gets murky with great-grandchildren and so on, but at least I'd like to know the people I knew in life were taken care of when I die.

  55. Simple economics by Brain-Fu · · Score: 3, Insightful

    Under what bizarro universe does the public have more right to an author's work than the author (or their estate)?

    Please understand that when the government enforces a private monopoly, the taxpayers incur direct costs. The "private monopoly" in this case is the author's sole distribution right over his work. The enforcement of that right means that real tax dollars get spent on investigations into copyright infringement violations, as well as the imposition of legal consequences.

    So, that means that if you are an author, the rest of us (even those who do not buy copies of your work) are paying out-of-pocket to enforce your monopoly on your behalf.

    What do we get in return for this? The privilege of being able to pay even more money if we want to experience your work? Do you really think this is balanced?

    The reason why copyright law has a term limit is to try and strike this (otherwise missing) balance. In return for spending our money to protect your private monopoly for a period of years, we eventually get your work for free, in the public domain. Thus, you have your incentive to create secured (in the form of a protected period of sole distribution rights), and we get a ROI on all the tax money we spent to give you that (specifically, the work for free, eventually).

    The problem that frustrates many posters on Slashdot is that the term of copyright is now so long that it is no longer balanced. In response to this perceived injustice, many people feel justified in dishonoring the private monopoly, and obtaining the work for free.

    Whether or not they actually are justified is a debate in which I am presently remaining silent (though I won't deny an obvious bias). However, I will state that the current copyright law is not at all balanced, and the public good is getting the losing end of the deal. There is clearly an injustice being perpetuated by copyright holders and lobbies at the present time.

    As an aside, copyright infringement is illegal and (arguably) immoral. However, it is not theft. Theft is generally defined in terms of the harm done to the victim, rather than the benefit to the perpetrator. Finding an un-owned object and claiming it for one's self is not theft, even though one got something without paying for it. However, depriving the rightful owner of access to his property is theft, and that wording is often used in legal proceedings involving theft.

    In the case of copyright infringement, the rightful owner still has full access and full control over his own work. You have a duplicate of the work, but since you haven't deprived the owner of the work, you have not "stolen" it. You have merely copied it.

    To use the ever-popular car analogy...if I see your car on your driveway, and I build myself a separate car just like it....you still have your car. I have not stolen it. Though my copy of it might still be illegal.

    But don't take my word for it. The supreme court already ruled that copyright infringement is not theft. Read all about it.

  56. Re:Read this elsewhere by shutdown+-p+now · · Score: 1

    Trolls only turn to stone in daylight - and, well, this is Slashdot...

  57. "option to terminate further rights to the author" by Anonymous Coward · · Score: 0

    That really tells you all you need to know about them. I can understand that you want to get the money you deserve, which by the way they don't, since they didn't write the Lord of the Rings, nor the Silmarillion, nor the Hobbit, but even if they did, the fact alone that they want to prevent the creation of derivative works tells you they deserve neither the rights nor the profits.
    Of course, reading about the wet fingertip accounting tactics, that pretty much amount to "oops, I came on the balance sheet, what was here before, I think it was: profit: $2,-" didn't make me feel very sympathetic to the studio either.

  58. Good by AnAdventurer · · Score: 0, Troll

    I am sick of LARPer's and LoTRer's. Go outside and get some air, they are just some freaking books made into pretty neat movies. No, I am not a troll, I just play one on TV.

    --
    6.8SPC TR of 550, l xwind at 6, drift rt at 26" drops 77". AT has 503 ft-lbs at 1403 fps. FT 0.86
    1. Re:Good by Doug52392 · · Score: 2, Interesting

      Actually, the live-action roleplaying community is pretty cool. And since most LARPing is done outside, it's a great way for otherwise basement-dwelling nerds to get outside and enjoy the sun...

      Which is more that can be said for those vampire Otherkin communities created by those shitty teen vampire romance novels (especially Twilight). Those people are batshit insane. There's even been rumors going around that a prominent Boston prep school is inhabited by "vampires" to the point where the police had to get involved.

  59. Public Domain Tolkien? I Think NOT. by flameproof · · Score: 1

    I totally disagree with those of you who think that Tolkien's works should be in the public domain. His heirs are still alive, he was ripped off repeatedly by pirates during his own lifetime here in America and their agreement with Time/Warner was a rock-solid percentage despite how successful the movies were. There's a line, people, to the extent that you can personally gain from the genius of others. Tolkien worked his entire adult life on that marvelous story. I don't think it's asking too much at all that I (and the rip-off artists who run the entertainment industry) pay for the privilege of sharing that genius.

    Oh, and by-the-by, Gary Gygax was an evil piece of Balrog Shite. LONG LIVE THE JUDGE'S GUILD, SIR HUEY AND DAVE HARGRAVE!!!

    --
    ~Just as a thing fails if it lacks a kernel, so too it fails if it lacks a skin. ~ Rumi, Discourses
  60. Re:Read this elsewhere by Ex-MislTech · · Score: 1

    Even slashdot trolls have to resupply for coding and gaming.

    --
    google "32 trillion offshore needs IRS attention"
  61. Meh. The Hobbit Movie Already Exists: by Radtastic · · Score: 1

    It may be only 97 seconds long, but it does star one of the most recognizable SF actors. out there.

    Seriously. It doesn't get much better than that.

    --
    You stereotypers are all the same...
  62. If what you already got isnt enough, by unity100 · · Score: 0, Flamebait

    we can just cut back on the tolkien shit totally, and you can shove up the now never-to-be-made profits you were going to make from your deceased father's creation up your butt. the country you are in is already fucked up regarding copyright laws, dont prove its critics wrong. or, rather, go ahead and prove it.

  63. There's a way around that by zogger · · Score: 1

    Easy, too. The author, once his works "take off", even past a much shorter copyright period, contracts with another publisher for a print run, adds a new forward and a new epilogue, plus hand autographs every copy. Given a choice of the same $7.95 paperback or $24.95 hardcover, one that is the author's new version and signed, as opposed to brand x publisher's "out of copyright" version, which would most people buy then?

  64. RIAA + MPAA = MAFIAA by Anonymous Coward · · Score: 0

    The RIAA does music, though they're clearly on board with what the MPAA (who does movies) is up to and they do their own version of Hollywood Accounting.

    So the MAFIAA as a whole is hypocritical, yes, but the RIAA doesn't have much to do with this story.

  65. I knew this would happen. by Drone69 · · Score: 1

    Time Warner should have stuck to their original plans and produced the Lord of the Dance trilogy instead. I tried to tell them but did they listen? Shame.

  66. What the studios will do by Anonymous Coward · · Score: 1, Funny

    I can just imagine the testimony now:

    Lawyer: So you lost money on the LOTR films?
    Studio: That's right. It says so right in our documents.
    Lawyer: But didn't a lot of people go to see it? Didn't you sell a lot of DVDs? And merchandise?
    Studio: Well, yes, but we had a lot of expenses. Salaries. Marketing promotions? Directors and producers aren't cheap.
    Lawyer: I see. Aren't you planning on making another Tolkien film? The Hobbit?
    Studio: Yes, we're very excited. It will be the most exciting film since the LOTR series. And it will be bigger. And better. It's going to be fantastic.
    Lawyer: Would you say that you're thrilled about it?
    Studio: Are you kidding? It's freakin' awesome. It's going to be like really fantastic sex.
    Audience: Chuckles
    Lawyer: Will you promote it?
    Studio: Oh yes. We've started planning for the marketing campaign already. Burger King will be doing a promotion. Mattel is doing the toys. Marvel will be doing a comic book. Dateline, Oprah, Today -- well, you name it, they're all planning on doing full shows on it.
    Lawyer: I see. But it can't be as good, can it. I mean, Peter Jackson was the original director/producer.
    Studio: Oh, Peter Jackson will be involved again. He'll be the executive producer.
    Lawyer: Are you paying him?
    Studio: Chuckle. Oh yes. Most movies that get made have budgets smaller than what Jackson will make.
    Lawyer: Do you plan on making any money on The Hobbit?
    Studio: Oh definit ... . er, I mean no wa. . . er, , , umm, . . . , well, you know, . . . , it's hard to know with these movies, . . ., um
    Lawyer: I'm just asking, because, you know, you didn't make any on the last films, and well, I was wondering, well, if you lost money on the last series, . . . , well, . . ., why are you making more? Is "losing money", as you say that most films like LOTR do, really as good as "really great sex"?
    Audience: Hilarious non-stop laughter that lasts for 5 minutes.

  67. where are my Chaucer Royalties by Anonymous Coward · · Score: 0

    I'm a direct descendant of Geoffrey Chaucer and am thinking of suing. I mean if the J.R.R. family can still have these rights, then so should I. Yes, I know it's the estate that got the rights, and it's a company that lives forever, blah, blah, blah, but that's just fricken wrong. I'm owned some serious money.

  68. Yes, but.... by Radical+Moderate · · Score: 1

    ...suppose another film copy, not party to the original contract, decided to make LOTR. If it were no longer protected by copyright, there's not a damn thing Tolkien's estate could do about it. They would have to argue that by entering in a contract with New Line they effectively extended their copyright forever. Lucky for them, Sonny bono took care of that.

    Of course, IANAL.

    --
    Never let a lack of data get in the way of a good rant.
  69. You had to ge there... by Radical+Moderate · · Score: 1

    My brother played that song for me a few Xmas's ago and I nearly pee'd myself. Follow it up with Shatner's Mr. Tambourine Man and I'm toast.

    --
    Never let a lack of data get in the way of a good rant.
  70. Damn leeches by harie00 · · Score: 1

    I wondered if anyone knew what projects are lined up for Allen? I know he and his girlfriend were at the Irish Film awards a few weeks ago. I'd be surprised if ROME doesnt result in a lot of work for him. harie real estate