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[Tiktaalik]

With the film and music industry continuously getting extensions of the lengths of copyrights (sonny bono act) I'm doubtful whether this will happen in my lifetime, but suppose that governments change their minds and at some point, less than 75 years from now, super mario brothers for the NES passes into the public domain. What does that mean? Does it mean that any one can make super mario brothers carts for the NES or does it mean that anyone can make super mario brothers for any console? Does it mean that companies can make new games with the super mario bros characters? I'm not sure how the whole copyright thing would apply to videogames.

This is all assuming console gaming as we know it exists in 75 years.

 

[Stinkles]

They renew it. And our corrupt court system will give them it, even though technically it's public domain, as they did with Mickey Mouse.

Bluntly, I think Disney SHOULD have been able to keep Mickey Mouse, but that is not how the law is written.

 

[jgkspsx]

Trademarks don't expire so long as they're considered active and not in vernacular usage. I think the character of Mario would be protected as long as Nintendo's in business -- you couldn't use him as a representation of your business so long as they were around. I'm not sure what the ramifications of that are, though.

 

[Mandoric]

There's two possible interpretations; not being a lawyer, I can't tell you which applies.

In either case, it will be legal for anyone and everyone to sell copies of Super Mario Brothers in 2080 (on current schedule), and given its status as a classic of the form there's no doubt someone will try to.

In the first, it will be illegal for them to create -new- content using the Mario sprite, but the trademark will not be considered diluted by its use in a public-domain release of an official product.

In the second, while the game itself, and most imagery from it, will be free to use, we'll have to play the oh-so-leet sprite hack Super Master Chiefs on our XBox Tilt-a-Whirls.

 

[FortNinety]

Ah shit, Super Mario Bros for Dreamcast 2009.... in 2080!

 

[Yoshi]

Why 2080 and not 2060? Mario was invented in 1985, 1985+75=1960...

 

[teepo]

2060...

 

[Suikoguy]

They renew it. And our corrupt court system will give them it, even though technically it's public domain, as they did with Mickey Mouse.

Bluntly, I think Disney SHOULD have been able to keep Mickey Mouse, but that is not how the law is written.

Yeah, I went round and round about that issue too. I'm still not sure what is right and best :lol
I'd like to see it work someway like this, (although it never will be)

If your property is going to expire, you need to bring it to a special board which will determine if your using the property in an effective matter, you still have the item available for purchase, etc.

Case in which the property rights would be extended:
Disney still releases every few years a new product featuring mickey mouse, many of the movies/cartoons featuring him are still available for purchase, etc

Case in which it would expire:
Disney no longer uses Mickey in various productions, he is no longer shown in any form at the park, he has been abandoned. As such you can no longer purchase movies/cartoons from a store as they are out of print.

The issue of whether or not the original cartoons would become public domain.. tricky issue but I think once a period of time has passed, the material created, be it a film/game/book should be able to be reproduced free of copyright. However, one thing I do agree with, if a company still activly uses the property, another company should not be able to use it to create new content.

 

[Mandoric]

http://www.copyright.gov/circs/circ1.html#hlc

Why 2080 and not 2060? Mario was invented in 1985, 1985+75=1960...

Works Originally Created on or after January 1, 1978

A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

As it was a work for hire for Nintendo, expiry (in the US) will occur in 2080, 95 years after 1985.

 

[MadFuzzy]

Most of us will be dead by then.