>Framing it as the original is false advertisement and illegal. Just because you get to use another's creative work doesn't mean you get to lie about who made what when.
I mean, they just market it as "the TRUE story of the Satyr, the Goatman" or whatever. Goatman hybrid is a very old (and fortunately, public domain) idea. Marketing even with today's restrictions has 1000 ways around such issues.
>Is the brand and appeal of the characters the only value of the original work?
not only, but it is a big pull. It may even be the main pull when talking about a young child audience. That's how existing dubious Disney clones operate right now.
> is it even a problem if they are used to produce a much better work?
That's the sad part. it doesn't have to be better, it just needs to market well and sell merch. I don't think it's controversial to say we're in a world where the highest quality art isn't the most profitable.
But regardless of quality, yes. Morally it is a problem when someone who made an idea successful isn't reaping its reward. Because a corporation stole the idea and threw more marketing at it. it would only intensify the starving artist trope.
>and good that the rich capitalist cannot replicate with their lack of creativity and thus can only exploit, then it seems like a waste of money to even bother.
yes, that is the point. EVERYTHING would be a waste of money because everything can be mass produced or mass marketed. But not everyone can mass market nor produce goods, that's where corporations always win.
We see that right now with modern art. albums don't make music artist rich, tours and merch do. Cartoons don't make animators rich, merchandise does (and the animators barely get that). Video games seem to be the only medium that can self-fund itself, but that industry is just as much a gamble as every other art. a few make it big, most suffer, be it indie or AAA studios. I don't see a copyright free world doing anything but making this issue worse.
>If people don't care about the branding of the original product, what is gained by copying that brand?
money? The brand matters, the creator doesn't. Very few creators are a brand in and of themselves, even creators of otherwise iconic brands (Many know Walt Disney, but probably not the creative mind behind Looney Toons, nor Scooby Doo, nor Tom and Jerry. But all 3 of these IP's have lived for decades past the creators' deaths to extract more profits).
so if you're not a marketing whiz who wants to plaster your name on every single thing you touch, you will be out-marketed for your brand through brute force. Even if you are a brand, it won't be easy in this new world.
>The audience who loved the original book then gets to make a choice between reading JKRs sequel which has a large sticker on it "From the same author as Harry Potter!" or a different sequel with a smaller sticker at the legally mandated font required for liability that says "Consumer Protection Alert: This book was not written by the author of the original prequel". Which do they choose?
In reality, the storyline splits, and you just create two camps of enthusiasts, neither of which are the main money makers for the books. And then a 3rd and 4th camp of casual readers who are confused when discussing the story with each other (just because a sticker is mandated doesn't mean the won't try to muddy the marketing in other ways).
Odds are the mandated non-Rowling work will STILL sell better if it's marketed more, can reach more stores, and otherwise has more copies printed. That's the big issue with the idea here; diehards tend to be the kinds of people in such discussions but are a minority in the market. And many seem to fall under the just world fallacy that everyone will think like diehards and buy the "best" book if given a choice. I'm not as assured. Many marketing tricks today would fail if people thought that way. So that's where the govt. has to step in to protect the creator, in the interest of ensuring future creators aren't discouraged and stagnate the market. Or worse, ends up with a monopoly which would be much harder to break up.
>And to take it one step further, once JKR has made billions from her work, is there really an appreciable difference between the gigantic Disney corporation and the gigantic JKR estate?
a magnitude of difference yes. Rowling is worth 1b, Disney 165b. Sure, Rowling can now become the very corporation she was shunned away from when pitching her first book, but she "fortunately" seems more content being angry on Twitter instead of exploiting artists that way.
I get what you mean, but I think the discussion on how much money a creator can/should make on a work is a taxation issue, not a copyright issue.
>I don't think it would work quite like that for a few reasons.
well, to address your points:
1,2) no, not really. to go back to video games, I'm pretty sure indie devs have worse piracy rates than AAA games riddled with DRM. Again, I'm not confident that the goodwill of the masses wins out here. People overall simply don't care abut the creator, just the content and their own self gratification
3) Funnily enough I will go back to the argument people love to bring out for piracy: "Piracy is a service problem - Gabe Newell". In some ways I agree, it's hard to be "free, easily downloadable, freely sharable" content. But due to copyright, piracy is much clunkier than it can be.
- Has to be semi-hidden so not everyone knows about it, nor how easy it can be
- Piracy sites have their own agendas so they take in the seediest of ads. Some near malware. No one wants to risk downloading a $10 movie if there's a risk of ruining their OS with viruses
- Torrents are very complicated for common users compared to simply pressing "download". seeder/leecher relationships make download speeds weird (and you may not even be aware of what THAT is), you can download a torrent file which isn't the media itself, and downloading files itself is "messy" on a bare bones OS. Among other reasons. So it's a lot of hoops that gives a smooth seemless service a chance to prevail
All this goes out the window if pirates don't have to hide. Imagine Plex linked with Bittorrent in the backend powering a download service, in one seemless package, available on the App Store, Google Play, and downloadable on all desktop OS's. You pretty much solve the service issue outright, and any shortcomings can be made up for by being completely free. No premium service can compete if they can't litigate.
This is all very possible to setup yourself, but not everyone has the ability and few have the patience to keep it maintained. They will throw $10/month at a streaming service instead. Ultimately, litigation keeps piracy clunky enough that services can outcompete on convinience.
4) but again, Disney isn't out qualitying competition (especially not nowadays), they are out-marketing. Especially out-marketing the cheap knockoffs who are comparatively playing penny slots by having a few copies in the wal-mart bargain bin. There was a point where your point was true, but that hasn't been the case for decades.
5) only the creator would. And if you don't then no one else will. But that's how the world works; no one cares about you, the creator. You need to care about yourself to survive in the industry. The government doesn't care neither, but you can exploit their bottom line to help protect yourself.
Or idk, maybe you already won the lottery and can afford to be leeched off. most others can't. People would care less if they didn't need to work to live, but most do.