Five OP , (edited )
@Five@beehaw.org avatar

Are you saying that ALL royalties for derivative works/use of IP are an abridgement of free speech in your view?

I do believe copyright, its continued extensions in favor of rights-holders, and associated attacks on the fair use doctrine are abridgements of free speech. I also believe each addition of complexity to copyright law is a gift to copyright law firms and the consolidated publishing corporations who can easily afford to employ them, as well as an attack on small publishers and authors to whom employing solicitors and barristers is an onerous burden. But that’s not what I’m arguing here.

I’m saying that granting eternal royalties from Peter Pan to GOSH creates a monetary disincentive for anyone but GOSH to publish derivative Peter Pan works. This creates a chilling effect on the republication of Barrie works and re-use of Peter Pan characters, and is worthy of outrage. This is similar in effect to the intractable libel laws that financially disincentivize publishing negative news about powerful figures and institutions in Britain, which is even more outrageous. I’m also saying that the special copyright status of Peter Pan and larger problems like the libel law situation are evidence of the same underlying issue: Britain’s relative disinterest in protecting free speech.

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