Copyright Quirks

This post is set to follow on from my earlier one on the subject of copyright law and its origins. However, just understanding the existence of copyright law does not necessarily premeditate the understanding of the various complications, quirks and intricacies that get people quite so angry about it- so today I want to explore a few of these features that get people so annoyed, and explain why and how they came to be.

For starters, it is not in the public interest for material to stay forever copyrighted, for the simple reason that stuff is always more valuable if freely in the public domain as it is more accessible for the majority. If we consider a technological innovation or invention, restricting its production solely to the inventor leaves them free to charge pretty much what they like, since they have no competition to compete with. Not only does this give them an undesirable monopoly, it also restricts that invention from being best used on a large scale, particularly if it is something like a drug or medicine. Therefore, whilst a copyright obviously has to exist in order to stimulate the creation of new stuff, allowing it to last forever is just asking for trouble, which is why copyrights generally have expiry times. The length of a copyright’s life varies depending on a product- for authors it generally lasts for their lifetime plus a period of around 70 years or so to allow their family to profit from it (expired copyright is the reason that old books can be bought for next to nothing in digital form these days, as they cost nothing to produce). For physical products and, strangely, music, the grace period is generally both fixed and shorter (and dependent on the country concerned), and for drugs and pharmaceuticals it is just ten years (drugs companies are corrupt and profit-obsessed enough without giving them too long to rake in the cash).

Then, we encounter the fact that a copyright also represents a valuable commodity, and thus something that can potentially be put up for sale. You might think that allowing this sort of thing to go on is wrong and is only going to cause problems, but it is often necessary. Consider somebody who owns the rights to a book, and wants someone to make a film out of it, partly because they may be up for a cut of the profits and will gain money from the sale of their rights, but also because it represents a massive advertisement for their product. They, therefore, want to be able to sell part of the whole ‘right to publish’ idea to a film studio who can do the job for them, and any law prohibiting this is just pissing everybody off and preventing a good film from potentially being made. The same thing could apply to a struggling company who owns some valuable copyright to a product; the ability to sell it not only offers them the opportunity to make a bit of money to cover their losses, but also means that the product is more likely to stay on the free market and continue being produced by whoever bought the rights. It is for this reason legal for copyright to be traded between various different people or groups to varying degrees, although the law does allow the original owner to cancel any permanent trade after 35 years if they want to do something with the property.

And what about the issue of who is responsible for a work at all?  One might say that it is simply the work of the author/inventor concerned, but things are often not that simple. For one thing, innovations are often the result of work by a team of people and to restrict the copyright to any one of them would surely be unfair. For another, what if, say, the discovery of a new medical treatment came about because the scientist responsible was paid to do so, and given all the necessary equipment and personnel, by a company. Without corporate support, the discovery could never have been made, so surely that company is just as much legally entitled to the copyright as the individual responsible? This is legally known as ‘work made for hire’, and the copyright in this scenario is the property of the company rather than the individual, lasting for a fixed period (70 years in the US) since the company involved is unlikely to ‘die’ in quite the same predictable lifespan of a human being, and is unlikely to have any relatives for the copyright to benefit afterwards. It is for this reason also that companies, rather than just people, are allowed to hold copyright.

All of these quirks of law are undoubtedly necessary to try and be at least relatively fair to all concerned, but they are responsible for most of the arguments currently put about pertaining to ‘why copyright law is %&*$ed up’. The correct length of a copyright for various different stuff is always up for debate, whether it be musicians who want them to get longer (Paul McCartney made some complaints about this a few years ago), critics who want corporate ones to get shorter, or morons who want to get rid of them altogether (they generally mean well, but anarchistic principles today don’t either a) work very well or b) attract support likely to get them taken seriously). The sale of copyright angers a lot of people, particularly film critics- sales of the film rights for stuff like comic book characters generally include a clause requiring the studio to give it back if they don’t do anything with it for a few years. This has resulted in a lot of very badly-made films over the years which continue to be published solely because the relevant studio don’t want to give back for free a valuable commodity that still might have a few thousand dollars to be squeezed out of it (basically, blame copyright law for the new Spiderman film). The fact that both corporations and individuals can both have a right to the ownership of a product (and even the idea that a company can claim responsibility for the creation of something) has resulted in countless massive lawsuits over the years, almost invariably won by the biggest publishing company, and has created an image of game developers/musicians/artists being downtrodden by big business that is often used as justification by internet pirates. Not that the image is inaccurate or anything, but very few companies appear to realise that this is why there is such an undercurrent of sympathy for piracy on the internet and why their attempts to attack it through law have met with quite such a vitriolic response (as well as being poorly-worded and not thought out properly).

So… yeah, that’s pretty much copyright, or at least why it exists and people get annoyed about it. There are a lot of features concerning copyright law that people don’t like, and I’d be the last to say that it couldn’t do with a bit of bringing up to date- but it’s all there for a reason and it’s not just there because suit-clad stereotypes are lighting hundred dollar cigars off the arse of the rest of us. So please, when arguing about it, don’t suggest anything should just go without thinking of why it’s there in the first place.

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The Dark Knight Rises

OK, I’m going to take a bit of a risk on this one- I’m going to dip back into the world of film reviewing. I’ve tried this once before over the course of this blog (about The Hunger Games) and it went about as well as a booze-up in a monastery (although it did get me my first ever comment!). However, never one to shirk from a challenge I thought I might try again, this time with something I’m a little more overall familiar with: Christopher Nolan’s conclusion to his Batman trilogy, The Dark Knight Rises.

Ahem

Christopher Nolan has never been one to make his plots simple and straightforward (he did do Inception after all), but most of his previous efforts have at least tried to focus on only one or two things at a time. In Dark Knight Rises however, he has gone ambitious, trying to weave no less than 6 different storylines into one film. Not only that, but 4 of those are trying to explore entirely new characters and a fifth pretty much does the whole ‘road to Batman’ origins story that was done in Batman Begins. That places the onus of the film firmly on its characters and their development, and trying to do that properly to so many new faces was always going to push everyone for space, even in a film that’s nearly 3 hours long.

So, did it work? Well… kind of. Some characters seem real and compelling pretty much from the off, in the same way that Joker did in The Dark Knight- Anne Hathaway’s Selina Kyle (not once referred to as Catwoman in the entire film) is a little bland here and there and we don’t get to see much of the emotion that supposedly drives her, but she is (like everyone else) superbly acted and does the ‘femme fakickass’ thing brilliantly, whilst Joseph Gordon Levitt’s young cop John Blake (who gets a wonderful twist to his character right at the end) is probably the most- and best-developed character of the film, adding some genuine emotional depth. Michael Caine is typically brilliant as Alfred, this time adding his own kick to the ‘origins’ plot line, and Christian Bale finally gets to do what no other Batman film has done before- make Batman/Bruce Wayne the most interesting part of the film.

However, whilst the main good guys’ story arcs are unique among Batman films by being the best parts of the film, some of the other elements don’t work as well. For someone who is meant to be a really key part of the story, Marion Cotillard’s Miranda Tate gets nothing that gives her character real depth- lots of narration and exposition, but we see next to none of her for huge chunks of the film and she just never feels like she matters very much. Tom Hardy as Bane suffers from a similar problem- he was clearly designed in the mould of Ducard (Liam Neeson) in Begins, acting as an overbearing figure of control and power that Batman simply doesn’t have (rather than the pure terror of Joker’s madness), but his actual actions never present him as anything other just a device to try and give the rest of the film a reason to happen, and he never appears to have any genuinely emotional investment or motivation in anything he’s doing. Part of the problem is his mask- whilst clearly a key feature of his character, it makes it impossible to see his mouth and bunches up his cheeks into an immovable pair of blobs beneath his eyes, meaning there is nothing visible for him to express feeling with, effectively turning him into a blunt machine rather than a believable bad guy. There’s also an entire arc concerning Commissioner Gordon (Gary Oldman) and his guilt over letting Batman take the blame for Harvey Dent’s death that is barely explored at all, but thankfully it’s so irrelevant to the overall plot that it might as well not be there at all.

It is, in many ways, a crying shame, because there are so many things the film does so, so right. The actual plot is a rollercoaster of an experience, pushing the stakes high and the action (in typical Nolan fashion) through the roof. The cinematography is great, every actor does a brilliant job in their respective roles and a lot of the little details- the pit & its leap to freedom, the ‘death by exile’ sequence and the undiluted awesome that is The Bat- are truly superb. In fact if Nolan had just decided on a core storyline and focus and then stuck with it as a solid structure, then I would probably still not have managed to wipe the inane grin off my face. But by being as ambitious as he has done, he has just squeezed screen time away from where it really needed to be, and turned the whole thing into a structural mess that doesn’t really know where it’s going at times. It’s a tribute to how good the good parts are that the whole experience is still such good fun, but it’s such a shame to see a near-perfect film let down so badly.

The final thing I have to say about the film is simply: go and see it. Seriously, however bad you think this review portrays it as, if you haven’t seen the film yet and you at all liked the other two (or any other major action blockbuster with half a brain), then get down to your nearest cinema and give it a watch. I can’t guarantee that you’ll have your greatest ever filmgoing experience there, but I can guarantee that it’ll be a really entertaining way to spend a few hours, and you certainly won’t regret having seen it.