#TMS US

[monstermonger]

~3 months traveling in my wife’s home-country -> 100 journal pages

[hinamie]

subject, specimen, spectacle;

should i say that you're dead?

[isjasz]

what you see is the void beyond

[the-river-nyx]

"if I was Remus I would never have forgiven Sirius for the prank"

Okay but before you judge him Remus wants you to know that Sirius is really hot

[emtmercy]

Tired of posts where people are imagining a world in which ppl who don’t want kids are super mean to real individual children and then freaking out about it

Like there is actually a group that is statistically quite likely to abuse and belittle children and that group is called parents lol

[hellsitegenetics]

I work in the biochemical industry, the NIH website has been slow / crashing for everybody. Not just you champ 👍 keep up your good works though

if the US government doesn't let me find out what creature the sonic adventure 2 theme lyrics closest align to right now i'm gonna start killing hostages

[mostlysignssomeportents]

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

[merlins-strawberriesandroses]

POV you’ve informed the Queen and the Court’s Sorcerer of something and they very clearly know something that they’re not letting on

[lurukifennecfox]

so, Amity Parkers fit in in gotham.

plus the city is so rich in ectoplasm it's almost like at home! in fact they probably only need their ecto-sups because it's so cursed.

the fear toxin works like caffeine for liminals. they found out accidentally while Wes was mid-rant and forgot his gas-mask like a dumbass he is.

Wes being Wes figured out the Bats identity in the first month since moving but he learned his lesson, kept his mouth shut and corkboard hidden safely in the realms having joined the Team Phantom a while ago.

Val visits some of her friends here sometimes, with the suit being part of her body now she's basically halfa-adjacent (she has suspicions she's one major near death experience away from actually becoming one) and she's getting major "Fuck-off it's my haunt" vibes from Crime Alley. maybe Red Hood's a ghost? not gonna check now.

Paulina is having emotions about Nightwing's ass and no one wants to hear them, curse liminal ability of ghost-speak.

all things considered? life is well. tho it might be a matter of time before the bats start getting annoying.

[inspisart]

dick took the news that a strange thirteen year old broke into his apartment while he was away at the circus pretty well, I gotta say

[dr2-hell]

digital island

[marblegroves]

Favorite characters from my time at sandrock! ^^

[thisisahyperfixationnow]

Welcome back SmallEtho you have been missed

[alchemistc]

"Well, that's just undignified," says a familiar voice to the little girl she's been watching run the gamut of making Park Friends for the last three minutes. She runs straight into his legs and raises her arms, and it looks automatic, the way he swings her up and wipes at her face with a wet wipe he just whipped out of a back pocket. "How is anyone gonna recognize you the next time we come to this park?"

(Abby had watched her reach down and streak a solid line of mud down both cheeks a minute and a half ago and just been thankful that she'd missed those years, with Sam's kids.)

He's the same. He's - entirely different.

The smile on his face reaches his eyes in a way she's never seen, and some of the lines around his mouth are deeper. He holds himself differently and she can't pinpoint exactly what it is. He looks settled in his skin.

Of all the parks in all of LA, she thinks to herself, and then she remembers their friend Gertie telling her about the house Tommy had bought that most of them had assumed was a cry for help. A real fixer-upper, she'd said, an ironic lilt to her voice, a wry half smile because she'd gotten Abby in the divorce. As it were.

(Hadn't stopped her from gossiping like a bored housewife about Abby and Buck, eighteen months later, but at least she'd been able to spot Gertie's handiwork when she'd fielded no less than nine concerned texts about her himbo.)

It's a beautiful day. A little breezy, but the sun is warm, the sky is free of clouds.

It feels a little ridiculous that she's here to catch up with one ex only to encounter the one who'd sent her straight into his arms. It had made sense at the time. She'd given herself the time to get over a man who could never have loved her the way either of them wanted to, and then latched on to the first boyishly handsome one she could find. She'd never meant to care for Buck, in the end. It'd happened, because he was easy to love, but -

She'd just never meant to.

Sam's gonna laugh at her so long she's gonna smother him with a hotel pillow.

She sees him first, long legs clambering out of a newer model Jeep, the bronze in his hair catching in a way she doesn't remember. It takes her a second to realize he'd always just kept his hair too short for the curls to be this pronounced.

Abby's a married woman. She loves Sam dearly. She's also well aware that there's no harm in looking, sometimes, and she's certainly looking now. He'd looked more bulky the last time she'd seen him, filling out his shirt in a way that Abby knew he had to be proud of, as insane as his workouts were, as weird as his diet trends always seemed. This is different. More. His shoulders are insane. The long legs actually look almost proportional with his thighs so thick. She can see a newer tattoo peeking out from under the shirt he wears. The style's changed too, she notes empirically - a tee-shirt that's not actually tearing at the seams to contain him, a flannel he's shrugging out of to tie around his waist.

He glances up and catches her eye and the smile that stretches across his face is friendly, unbothered. Still beautiful enough to turn a few heads in her direction when he holds up a hand to wave.

"Daddy!" screams the girl, now sans mud, and Abby watches in confusion as she books it across the cork path of the playground, beelining it towards Buck.

Buck holds a hand out at groin height and grunts when all her weight catches him at the knees.

The rest of the picture pieces together slowly, while Abby attempts to keep her jaw from falling open. Tommy ambles after the girl, casual, smiling, and when he gets there he dips a hand into the riot of curls atop her head, ruffling. He slides a hand to Buck's waist, casual, comfortable, the same way Sam taps at her hip when he wants a kiss. Buck's hand lifts briefly to Tommy's elbow before he bends to greet the girl, and even though they're farther away now it's obvious she's giving him a full rundown of what he's missed.

When Buck can get a word in edgewise, he tips his head towards Abby, and the girl spins on her heel and practically marches over to the bench in the shade Abby has chosen.

Buck and Tommy follow after her as a unit.

"Hi!" She's all Buck. Fat cheeks and gangly limbs and sky blue eyes, enthusiasm leaking out of every pore. "I'm Mary!"

Tommy's grandmothers name. She'd never had a full picture why she was the only member of his family Tommy spoke of fondly - not til the end, anyway.

She's desperate to know why the hell Buck hadn't said something to her about this in advance, but - no, it's too crazy to just take on faith. She'd have needed to see it.

They have matching rings on their left hands.

Abby is suddenly sorry she deactivated her Facebook years ago.

She hasn't spoken to Gertie in three years. She's absolutely going to eat this up.

Abby reaches out to shake Mary's already extended hand. It's a firm shake - up, down, squeeze and drop, something she remembers from the time Tommy had helped her prep for job interviews and become exasperated by her limp noodle arms.

Buck and Tommy loom over her. They don't mean to. Both of them have a good way of putting people at ease about their size pretty quickly, and it happens now, again, as Tommy shifts his weight and Buck leans down and in to drop a hand to his daughter's shoulder. Tommy and Buck, she thinks to herself. Buck and Tommy.

It's not hard to square, if she really takes a moment. They were both desperately lonely people, when she knew them, but so so full of love. Too full, even when one of them hadn't even been attracted to her. It's leaking out of them even now, as Tommy gives her a wry smile and Buck rubs a hand behind his neck.

It takes Abby a second to clock it as a Tommy gesture. "Hi," she says in greeting, and then dissolves into laughter a second later.

Mary joins in even though there's no way she understands why.

"The ambush was Evan's idea," Tommy intones, the smile still warm and uncareful around the edges of his eyes, when Abby finally gets herself under control. Mary has already returned to treating Tommy like a jungle gym. Abby quirks a brow at the name, shoots a look at Buck. He smiles back bashfully, blissfully unaware of the way he blooms under Tommy's gaze

"I didn't think you'd believe me."

Mary's knee knocks uncomfortably close to Tommy's groin as he swings her back and forth on one massive arm, and he barely blinks, though he does shift his weight again to limit the possibility of another limb taking him out. Abby stands. Hands out hugs. Despite how rambunctious she is with Tommy, Mary is careful to keep herself in check while Abby is in the direct path of her limbs.

"It's easier to believe than you might think," she tells Buck, and wonders if Gertie would be more or less inclined to forgive Tommy knowing that he and Abby have essentially the same type.

"You wanna grab a drink?" Buck asks after a moment, hand reaching casually for Tommy's hip. "There's a spot around the corner that makes a mean oolong. That's your drink, right?"

God. He really hasn't changed a bit. Memory for useless but meaningful detail, an open heart, that overeager tilt to his smile. Tommy's got a yapping kid half hanging off his belt loop and he still has the fortitude to send a glance at Buck like he's the most beautiful thing he's ever seen.

If she's gonna reach out to Gertie, she'll need to be prepared for the Spanish Inquisition. This is a full interrogation piece of gossip.

"I'd love that," she says, and Buck's grin splits at the seams while Mary and Tommy have a friendly if heated back and forth about what sort of drink Mary is allowed.

[donothello]

RODGER'S HANDLER IS *NOT* MY CHARACTER DESIGN! This is Beau Millers, created by the lovely @twoplustwoequalsjellyfish !! Go show some love to him for their wonderful design <33

Woohooo!! I promise I've been drawing behind the scenes.. (it's just all been doodles not prepared for social media LOL)

Speaking of!! Doodles and such below!!

Seems Yatta and Rodger have become my doodle staples. I can't help it! They're just so fun to draw!

[poorly-drawn-mdzs]

Good Morning, World.

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