File puptcrit/puptcrit.0810, message 126


Date: Tue, 7 Oct 2008 16:58:46 -0400
To: puptcrit-AT-puptcrit.org
Subject: Re: [Puptcrit] Patent Infringement



On Oct 7, 2008, at 3:07 PM, Charles Taylor wrote:

> There are many instances where great talent is hired by corporations 
> that take control of their inventions and profits without compensating
> fairly to the originator.  That thwarts creativity and progress.  
> Think about how many others give up out of frustration and stop being 
> creative.  It=92s amazing that we live in this technological world at 
> all.

Okay, while I believe there should be some sort of middle ground, the 
fact is that when you are doing work for hire (ie working for a 
corporation) they are funding your creativity to produce for them. They 
then own what you produce in most cases. Sometimes there is a share 
agreement, but most often if you are hired to create, you are working 
under their roof, on their time, using their money, within their 
parameters, on their products, and/or towards a new product for them. 
And you think you should somehow then own all rights to the product you 
invent? Isn't that a bit of having your cake and eating it too? Can't 
be both ways. If they are funding your attempts  - failures as well as 
successes  - I don't see how that thwarts creativity or progress. Quite 
the opposite.

I would think that the individual struggling on their own, trying to 
fund their own research and development, then marketing and so on, is 
much more likely to give up than one who receives support. And, working 
within a company also means there are deadlines to be met so you have 
to stick with a project. Working on your own often means that you 
tinker and toddle towards your invention as time, money, passion, and 
energy allow.

However, there are cases where an invention of an individual is 
basically stolen by one or more corporations and the inventor doesn't 
get fair compensation. In fact, there is a movie out right now about 
just such a case, only the inventor was victorious in the end and did 
get compensated after a long, hard fought battle.

In terms of puppetry, if you hired someone to create/invent a puppet 
for you, you would own the puppet. The creative person gives up the 
rights to that product unless there has been a contract stating 
otherwise. This does not cause frustration, it cause more creativity.

Christopher
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