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April 07, 2004

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mythago

I'm interested in the 'granting permission' part of that argument; is the right to grant or not grant use of a creative work absolute? On the one end you have "compulsory licensing," a la songwriting, where you have no right to deny use, and on the other end patents, where you can deny all use.

I'm hesitant about doujinshi and fanfic because, while I agree that they should be permitted uses when they're not done for profit (kind of a literary GPL), I don't trust users beyond the fan base to treat that appropriately. I could easily see, say, Disney hiding behind "fanfic use" as a means of making derivative works without asking or compensating the creator.

Perhaps there should be less emphasis on vigorously defending rights in order to enforce them later; if you didn't sue a fan for publishing Yu-Gi-Oh! doujinshi, right now that might affect your ability to sue a TV studio for making a Yu-Gi-Oh! knockoff for profit.

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