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mostlysignssomeportents · 5 months

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It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

#pluralistic #copyfight #scotus #mickey mouse #public domain #ip #contract #trademark #tm #jennifer jenkins #copyright #disney #nominative use

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sh1-n0bu · 7 months

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𝔫𝔬𝔟𝔲’𝔰 𝔨𝔦𝔫𝔨𝔱𝔬𝔟𝔢𝔯 𝔬𝔣 2023!

day 7: threesome with sampo and gepard from hsr

warnings: threesome, dacryphillia, overstimulation, praise, handjob, oral (gepard receiving), fingering, squirting, voyeurism

notes: both characters are the subs. traditional momma nobu style

heavily inspired by @icaruien’s sub suguru fic!!! go check it out!!!!

never would have sampo expected himself to see the captain of the silvermane guards like this. the very same captain who diligently catches criminals left and right. the very same captain who keeps him on his toes. the very same captain who has fans and admirers of any age and gender.

the very same captain laid all bare on the bed as he cries and trashes about, moaning about how it was too much for him. he could see your hand working on his cock, angry red and weeping cum and pre from his slit and skillfully making the captain orgasm again on your hand. yet your hand doesn’t stop it’s ministration. if anything it only continues on with it’s former job, picking up the pace, making loud lewd squelching sounds alongside gepard’s whines to get louder in the dimly lit hotel room.

sampo recognized you. how could he not? you were one of the co-founders of the wildfire. a strong fighter, fearless leader and a great shoulder to lean on. the conman had a sort of a crush on you. you got his ass out of trouble many times without asking for anything back.

yet never would have sampo thought that he would see someone so professional and cold faced like yourself, here in the hotel room, making the captain of the silvermane guards whine and sob deliriously. he could feel his pants getting tighter by the sight, gulping down some of his saliva as gepard cries loudly only to be silenced by your lips.

was it wrong to watch? was it wrong to get hard from seeing the captain get absolutely debouched? was it wrong to.. wish that it was him there, being taken care of you instead of gepard?

“sampo” your voice suddenly calls out, catching the two men off guard. one was preparing apologies on being caught watching you get intimate with someone else while the other was burning up in shame but also arousal.

“come in here. i need your thought on something” you commanded, leaving no room for the conman to refuse as your hand stops fucking gepard’s weeping dick. swallowing, the blue haired man steps inside the hotel room as you ordered, locking the door behind himself.

seeing the captain being so red in the face, spread out all bare on the bed with tear stains on his cheeks and drool slipping from his lips made sampo all the more jealous. yet he doesn’t get it. why was sampo feeling jealous over gepard? you had no connection with him nor gepard. not that he knew off…

“our lovely captain here thinks that he can’t cum again but i say he can. what do you think? should i keep going and prove him wrong?” your voice calls out, snapping the thief from his daydreams of being the one instead of gepard.

briefly, the conman steals a glance towards gepard’s face and the two met eyes. he could see how deep down the captain had fallen into this hazy whirlwind of pleasure. there were tears gathering in his eyes, baby blue eyes looking all glazed over. fuck, sampo was hard.

“y-yes. i think he can. gepard has always been an overachiever, he can get another” the words are let out in an almost squeak of a voice, the one who said it trying to keep himself together while the one on the bed lets out a loud whine of betrayal.

smirking at sampo, you gently shush gepard’s whines. wiping away his tears with a gentleness the two never saw or heard of you before as you place a kiss to the captain’s forehead.

“sampo come here” the thief only nods. obeying your commands without a second thought. you give him another few sets of orders. getting on the bed, opening his mouth and to suck gepard off. sampo doesn’t know why but he follows along your orders.

“eeengk—! s-sampo! can’t… can’tcan’tcan’t—♡︎!” he could briefly hear gepard’s pleas as his thighs shut around his head, legs spasming and shaking violently from the former how many orgasms you’ve wrung out of the poor man.

you shush gepard’s cries with another kiss to his temple, before slipping a cum covered finger into his puckering hole. at that, gepard only trashes about even more, feeling the burning feeling in his stomach coil and tighten more.

“sampo, suck on his tip and press your tongue to the underside of his tip, okay?” you gently coo despite the two men whimpering and sobbing in the hotel room. oddly calm and collected even as gepard pleads for your mercy.

the thief does just as he’s told. sucking on gepard’s girthy tip, pressing his tongue to the vein on the underside. not too long after, gepard was squirting into his mouth with a loud keen.

aeons, if sampo was good enough would you do the same to him as well? if sampo got on your nerves enough, would you finger him? fucking his already weeping cock into your fist and make him squirt?

“you did good. both of you did good” you hum, pushing sampo’s head away and placing a kiss to gepard’s cheek gently. once the poor captain was taken care of and wiped clean with a warm towel, you turn to him with a certain glint in your eyes.

“i haven’t forgotten about you yet, pretty boy. pants down, on my lap” fuck, he could barely keep himself together before he’s stripping himself naked, climbing onto your lap with an eagerness of a puppy.

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nanowrimo · 7 months

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Write Smarter, Not Harder: 5 Ways to Conquer Chaotic Writing

Every year, we’re lucky to have great sponsors for our nonprofit events. ButterDocs, a 2023 NaNoWriMo sponsor, is an all-in-one writing app built for productivity, collaboration, and a more joyful writing experience. Today, the folks at ButterDocs share a few tips on organizing your writing to meet your goals:

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#nanowrimo #writblr #writing #writing advice #by nano sponsor #butterdocs

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terrythemerry · 6 months

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I just watched Wish (2023) and it made me realize something kind of sad about Disney’s treatment of villains.

So Disney has a long history of villainy from the OG Evil Queen who is willing to murder a girl just for being pretty to the misguided like Auto thinking he’s protecting humanity in Wall-E. They are mean, jealous, prideful, vain, and many relish in just being the worst of the worst. However every now and then we get a glimpse of more complexity. Zootopia’s Bellwether dealing with years of racism and mistreatment, Gantu trying to stop what he thinks is a monster in Lilo and Stitch, Up’s Muntz being a heroic explorer before paranoia consumed him, etc. The thing that makes me sad about these villains is that not one of them has ever had a chance at redemption or change in Disney’s eyes and nowhere is that sadder to me than their latest villain, King Magnifico.

(Spoilers below)

King Magnifico is the magical founder of a utopian society that accepts people of all races, religions, and backgrounds. Who created this wonderful place after what is heavily implied to be a violent invasion destroyed his homeland when he was but a child. This past trauma led him to study magic and become a powerful sorcerer so that nothing could hurt him or the people he cared about ever again. His magic is a protection that he extends to all who choose to live in the city. The city is vibrant with a colorful community full of artisans, musicians, and dancers. He takes no taxes from them, but does take their one true wish upon joining this society.

When given these wishes it is understood that he will ensure their safety and possibly grant them one day. Something important to note about the physical manifestations of the wishes is that they give off a warm and comforting aura as they represent some of the purest parts of a person’s soul. Magnifico has been surrounding himself with this magical comfort for a very very long time by himself and I don’t think it’s unfair to say he has become addicted to their presence. The wishes are giving him a magical comfort through the kind souls within them, a feeling he could’ve probably also gotten if he had spent more time with his people.

It doesn’t look like he ever really got the chance to commune with his people properly because somehow the society kicked off on his wish granting abilities. People had to give him their wishes if they wanted them granted and eventually the ones that he couldn’t grant in good conscience or out of fear started adding up so he began locking them away. Keeping them safe so no harm came to the people. The rare occasions that anyone else interacts with these wishes is during wish granting ceremonies that the people are borderline rabid for. With good reason, it is their souls they’re thirsting for after all even if they don’t really know it.

However, Magnifico clearly doesn’t see it that way. He sees it as he’s given these people a wonderful safe haven from the horrors of the outside world where they can be whoever they want to be, do what they want to do, make what they want to make, and still all they see in him is a tool to fastpass to something else they want even more than the peace he’s given them.

This is clearly shown early on, before any of his evil behavior starts to take root, in relation to his assistants. We get a expo dump after the first song telling us that Asha wants to become one of his assistant to increase the odds of her grandfather’s wish being granted as there is a correlation between past assistants and having wishes granted. Something important here is that there have clearly been many assistants, suggesting that it’s a revolving door position without really explaining why. Who would want to keep finding assistants over and over again, when really you should find someone who could do the job long term right? Well we get to find out the likely reason when Asha steps up for the role.

When Asha comes to interview for his assistant position he sees she is nervous, he tries to calm her down, and he even manages to relate to her through fond memories of her kindly father who he clearly knew. After seeing her true resolve to do good he decides to trust her with something few people in the entire kingdom get to see, the vault of wishes. To which Asha doesn’t even hesitate to ask, after politely being told not to prior, if he’ll grant her grandfather’s wish.

Magnifico is blatantly stricken by her request, sadly remarking that most people at least wait a few months before doing so a.k.a pretend to be interested in helping him rather than trying to use him to grant a wish. This is likely why the assistant job is a revolving door. Magnifico tries to find someone who he thinks will truly and selflessly fulfill the role only to discover time and again that people are just using it to get direct access to him to ask for a wish. Then he can’t trust their true intentions anymore and moves them along.

After Asha makes her request he does take the time to look at her grandfather’s wish but dismisses it as too dangerous because it is the vague desire to inspire the next generation. Clearly we as the audience know that her grandfather means to inspire them to do good, but we have to remember Magnifico has seen the worst of society. He has seen the darkest wishes and desires of mankind and survived them. He brushes Asha off telling her she’s too young to understand, which is honestly true. She’s lived her entire life cloistered in peace and comfort thanks to him and the rules he has made. She has never had to know war, strife, or hardship thanks to him, yet she doubts his decision without understanding the trauma that guides it. This is what I believe pushes Magnifico into his villain arc, something that I don’t think we’ve ever really witnessed in a Disney movie.

Usually a villain already is the villain by the time the film rolls around, even the twist villains. Lotso had already been deliberately sentencing other toys to torture. Prince Hans was already planning to murder his way to a throne. Evelyn was already plotting her revenge. Magnifico wasn’t though. He was the hero. He had saved his wife and a whole city’s worth of people from whatever drove them from the mainlands. He wasn’t physically abusing/mistreating people like Gaston even if he was vainly basking in their adoration.

When Asha pushes him on the wishes he pulls back from her, identifying her in his mind as a threat and treats her as one. He dismisses her and tells her that her family’s wishes will never be granted by him, but he will still keep them safe as he has been doing. Essentially meaning nothing will change for her from what it has been. You know a happy loving existence of complete acceptance and wholesome family life or as Asha interprets it, a fate worse than death.

His interaction with Asha triggers him, as she’s pushed at the flaws in his reasoning for holding onto the wishes. The flaws are true, but his mind is clouded by fear of a lack of control, likely stemming from the horrors he witnessed in his childhood when he had no control. He also likely has a bit of an addiction to the warm fuzzies that the wishes give on top of his fears. While he’s ruminating on that some massive wave of magic blows through the kingdom and messes with the thing he’s already stressed beyond reason about, the wishes.

Magnifico frantically searches for any answer, even considering a dangerous tome of forbidden magic that he knows is trouble before his wife manages to talk him down.

The fact that he could even be talked down rather than ignoring her outright shows that Magnifico does have good in him. He’s just reacting out of a genuine panic. His panic is only worsened by huge mob continuing to beg him for wishes in exchange for doing what should be the selfless act of defending their kingdom from what is essentially perceived as an attack. Not having any faith left in his people he turns back to the evil book to give him the key to stopping this perceived attack.

Just to be clear King Magnifico goes to the big bad evil book not to gain more power for funsies, but to try to find a way to stop a perceived threat. Everything he does from this point on, such as threatening his wife, can no longer be fairly tied to him, because as the movie repeatedly tells us he is under the EVIL book’s influence. His wife even looks through the same book to try and see if there is a way to break the sway she knows it has over him, but says she can’t because the EVIL book said no.

Yada yada yada and Magnifico is sealed inside a magic mirror and smugly told to rot in the dungeon by his previously loving wife.

Seriously?! What the heck?! This guy was the perfect candidate for rehabilitation. He wasn’t flawless, but he wasn’t a murderous psycho like most of the other Disney villains. Disney loves to preach kindness, acceptance, and good will with their heroes, but never does it allow the message of change.

I was shocked going back through the catalogue and slowly realizing none of their villains, regardless of how tragic their origins are, are ever truly allowed a second chance. The hero may offer it, but the baddy never is truly expected to change or reform. Which is honestly super messed up to me. People make mistakes. Some can be small/insignificant, but some are big and do hurt people sometimes. That doesn’t mean they can’t change for the better.

Now I’m not saying every villain is redeemable or good, it’s just a bit surprising that for all the messages of kindness and acceptance we haven’t really gotten forgiveness in 100 years. Seeing the “bad guy’s punishment” just deeply bothered me this time. Probably because so much of the bad that Magnifico does is clearly a trauma response and as a punishment for not acting appropriately to said response he gets sentenced to eternity is magical cell.

#disney wish #wish 2023 #king magnifico #wish magnifico #magnifico x amaya #queen amaya #amaya #wish king magnifico #wish asha #disney villains #100 years of disney

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