《迪士尼迷失罗杰·雷比特》
Disney Lost Roger Rabbit

原始链接: https://pluralistic.net/2025/11/18/im-not-bad/

## 创作者的“终止转让权”的力量 作者加里·K·沃尔夫最近在迪士尼于1988年授权《罗杰兔》后,重新获得了该作品的权利,凸显了创作者面临的一个关键问题:将成功的作品控制权拱手让给大型公司,而这些公司可能并未积极利用这些作品。1976年《版权法》中的“终止转让权”条款解决了这一问题,允许创作者仅通过提交文件,在35年后重新获得版权许可。 这项政策在版权法中是独一无二的,仅惠及创作者而非公司。虽然版权通常是一张可以轻易放弃的筹码,但终止转让权提供了一个真正的权力转移。然而,由少数强大的买家主导的媒体行业(“垄断买方市场”)常常试图通过修改合同来重新获得权利,从而规避这一权利。 专家丽贝卡·吉布林强调了终止转让权的重要性,并展示了它在斯蒂芬·金和乔治·克林顿等案例中的成功。它提供了一个“回顾”的机会,可以根据作品的成功与否重新协商交易,并防止权利被那些未能充分发挥其潜力的大公司无限期持有。最终,终止转让权是创作者重新获得控制权和对其作品获得公平补偿的重要工具。

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The final scene of Disneyland's 'Roger Rabbit's Toontown Spin,' in which Roger Rabbit is deploying a pair of portable holes; the holes have been replaced with copyright symbols, which are partially cropped.

Gary K Wolf is the author of a fantastic 1981 novel called Who Censored Roger Rabbit? which Disney licensed and turned into an equally fantastic 1988 live action/animated hybrid movie called Who Framed Roger Rabbit? But despite the commercial and critical acclaim of the movie, Disney hasn't made any feature-length sequels.

This is a nightmare scenario for a creator: you make a piece of work that turns out to be incredibly popular, but you've licensed it to a kind of absentee landlord who owns the rights but refuses to exercise them. Luckily, the copyright system contains a provision designed to rescue creative workers who fall into this trap: "Termination of Transfer."

"Termination of Transfer" was introduced via the 1976 Copyright Act. It allows creators to unilaterally cancel the copyright licenses they have signed over to others, by waiting 35 years and then filing some paperwork with the US Copyright Office.

Termination is a powerful copyright policy, and unlike most copyright, it solely benefits creative workers and not our bosses. Copyright is a very weak tool for protecting creators' interests, because copyright only gives us something to bargain with, without giving us any bargaining power, which means that copyright becomes something we bargain away.

Think of it this way: for the past 50 years, copyright has only expanded in every direction. Copyright now lasts longer, covers more kinds of works, prohibits more uses without permission, and carries stiffer penalties. The media industry is now larger and more profitable than at any time in history. But at the same time, the amount of money being earned by creative workers has only fallen over this period, both in real terms (how much money an average creative worker brings home) and as a share of the total (what percentage of the revenues from a creator's work the creator gets to keep). How to explain this seeming paradox?

The answer lies in the structure of creative labor markets, which are brutally concentrated. Creative workers bargain with one of five publishers, one of four studios, one of three music labels, one of two app marketplaces, or just one company that controls all the ebooks and audiobooks.

The media industry isn't just a monopoly, in other words – it's also a monopsony, which is to say, a collection of powerful buyers. The middlemen who control access to our audiences have all the power, so when Congress gives creators new copyrights to bargain with, the Big Five (or Four, or Three, or Two, or One) just amend their standard, non-negotiable contract to require creators to sign those new rights over as a condition of doing business.

In other words, giving creative workers more rights without addressing their market power is like giving your bullied kid more lunch money. There isn't an amount of lunch money you can give that kid that will buy them lunch – you're just enriching the bullies. Do this for long enough and you'll make the bullies so rich they can buy off the school principal. Keep it up even longer and the bullies will hire an ad agency to run a global campaign bemoaning the plight of the hungry schoolkids and demanding that they be given more lunch money:

https://pluralistic.net/2022/08/21/what-is-chokepoint-capitalism/

This is an argument that Rebecca Giblin and I develop in our 2022 book Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We'll Win Them Back:

https://www.beacon.org/Chokepoint-Capitalism-P1856.aspx

Rebecca is a law professor who is, among other things, one of the world's leading experts on Termination of Transfer, who co-authored the definitive study on the use of Termination since the 1976 Copyright Act, and the many ways this has benefited creators at the expense of media companies:

https://pluralistic.net/2021/09/26/take-it-back/

Remember, Termination is one of the only copyright policies that solely benefits creative workers. Under Termination, a media company can force you to sign away your rights in perpetuity, but you can still claim those rights back after 35 years. Termination isn't just something to bargain away, it's a new power to bargain with.

The history of how Termination got into the 1976 Copyright Act is pretty gnarly. The original text of the Termination clause made Termination automatic, after 25 years. That would have meant that every quarter century, every media company would have to go hat in hand to every creative worker whose work was still selling and beg them to sign a new contract. If your original contract stank (say, because you were just starting your career), you could demand back-payment to make up for the shitty deal you'd been forced into, and if your publisher/label/studio wouldn't cough up, you could take your work somewhere else and bargain from a position of strength, because you'd be selling a sure thing – a work that was still commercially viable after 25 years!

Automatic termination would also solve the absentee landlord problem, where a media company was squatting on your rights, keeping your book or album in print (or these days, online), but doing nothing to promote them and refusing to return the rights to you so you could sell them to some who saw the potential in your old works.

Naturally, the media industry hated this, so they watered down Termination. Instead of applying after 25 years, it now applies after 35 years. Instead of being automatic, it now requires requires creators to go through red tape at the Copyright Office.

But that wasn't enough for the media companies. In 1999, an obscure Congressional staffer named Mitch Glazier slipped a rider into the Satellite Home Viewer Improvement Act that ended Termination of Transfer for musicians. Musicians really need Termination, since record deals were and are so unconscionable and one-sided. The bill passed without anyone noticing:

https://www.wired.com/2000/08/rule-reversal-blame-it-on-riaa/

Musicians got really pissed about this, and so did Congress, who'd been hoodwinked by this despicable pismire. Congress actually convened a special session just to delete Glazier's amendment, and Glazier left his government job under a cloud.

But Glazier wasn't unemployed for long. Within three months, he'd been installed as the CEO of the Recording Industry Association of America, a job he has held ever since, where he makes over $1.3 million/year:

https://projects.propublica.org/nonprofits/organizations/131669037

I recently got a press release signed by Glazier, supporting Disney and Universal's copyright suit against Midjourney, in which begins, "There is a clear path forward through partnerships":

https://www.riaa.com/riaa-statement-on-midjourney-ai-litigation/

In other words, Glazier doesn't want these lawsuits to get rid of Midjourney and protect creative workers from the threat of AI – he just wants the AI companies to pay the media companies to make the products that his clients will use to destroy creators' livelihoods. He wants there to be a new copyright that allows creators to decide whether their work can be used to train AI models, and then he wants that right transferred to media companies who will sell it to AI companies in a bid to stop paying artists:

https://pluralistic.net/2024/10/19/gander-sauce/#just-because-youre-on-their-side-it-doesnt-mean-theyre-on-your-side

US Copyright has always acknowledged the tension between creators' rights and the rights of publishers, studios, labels and other media companies that buy creators' works. The original US copyright lasted for 14 years, and could be renewed for another 14 years, but only by the creator (not by the publisher). This meant that if a work was still selling after 14 years, the publisher would have to convince the writer to renew the copyright, or the work would go into the public domain.

This was in an era in which writers were typically paid a flat fee for their work, so from a writer's perspective, it didn't matter if the publisher made any money from subsequent sales of their books, or whether the book entered the public domain so that anyone could sell it. The writer made the same amount either way: zero.

Copyright's original 14 year renewal was a way for creative labor markets to look back and address historic injustices. If your publisher underpaid you 14 years ago, you could demand that they make good on their moral obligation to you, and if they refused, you could punish them by putting the work into the public domain.

Termination has been a huge boon to artists of all description from Stephen King to Ann M Martin, creator of The Babysitters' Club. One of my favorite examples is funk legend George Clinton, whose shitweasel manager forged his signature on a contract and stole his royalties for decades (the reason Clinton is still touring isn't merely that he's an unstoppable funk god, but because he's broke). Clinton eventually gave up on suing his ex-manager and instead just filed for Termination of Transfer:

https://www.billboard.com/pro/george-clinton-lawsuit-ex-agent-music-rights/

If that sounds familiar, it may be because I used it as the basis for a subplot in my novel The Bezzle:

https://us.macmillan.com/books/9781250865878/thebezzle/

Back to Roger Rabbit. Author Gary K Wolf has successfully filed for Termination of Transfer, meaning he's recovered the rights to Roger Rabbit and the other characters from his novel:

https://www.imnotbad.com/2025/11/roger-rabbit-copyright-reverts-to.html

He discusses his plans for a sequel starring Jessica Rabbit in this interview with "I'm Not Bad TV":

https://www.youtube.com/watch?v=L_0lUiplxZk

Writing about the termination for Boing Boing, Ruben Bolling wonders what this means for things like the Roger Rabbit ride at Disneyland, and the ongoing distribution of the film:

https://boingboing.net/2025/11/17/disney-loses-the-rights-to-roger-rabbit-characters-as-they-revert-to-original-author-of-novel.html

It's not clear to me what the answer is but my guess is that Disney will have to offer Wolf enough money that he agrees to keep the film in distribution and the ride running. Which is the point: when you sell your work for film adaptation, no one know if it's going to be a dud or a classic. Termination is copyright's lookback, a way to renegotiate the deal once you've gotten the leverage that comes from success.

If you have a work you signed away the copyright for 35 years or more ago, here is a tool from Creative Commons and the Authors Alliance for terminating the transfer and getting your rights back (disclosure: I am an unpaid member of the Authors Alliance advisory board):

https://rightsback.org/

(Image: Ken Lund, CC BY-SA 2.0, modified)




A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

#20yrsago Amazon offers refunds for all Sony rootkit CDs https://craphound.com/amznxmpsonycd.txt

#20yrsago Uninstaller for Sony’s other malware screws up your PC https://blog.citp.princeton.edu/2005/11/17/not-again-uninstaller-iotheri-sony-drm-also-opens-huge-security-hole/

#20yrsago Schneier: Why didn’t anti-virus apps defend us against Sony’s rootkit? https://web.archive.org/web/20051124121434/https://www.wired.com/news/print/0,1294,69601,00.html

#20yrsago Sony still advising public to install rootkits https://web.archive.org/web/20051124053020/https://cp.sonybmg.com/xcp/english/howtouse.html

#15yrsago Hilarious story of disastrous cross-country move with dogs https://hyperboleandahalf.blogspot.com/2010/11/dogs-dont-understand-basic-concepts.html

#15yrsago UK gov’t promises to allow telcos to hold Brits hostage on “two-speed” Internet https://www.bbc.co.uk/news/uk-politics-11773574

#15yrsago Sexually assaulted by a TSA groper https://web.archive.org/web/20101116004124/https://www.ourlittlechatterboxes.com/2010/11/tsa-sexual-assault.html

#10yrsago Former ISIS hostage: they want us to retaliate https://www.theguardian.com/commentisfree/2015/nov/16/isis-bombs-hostage-syria-islamic-state-paris-attacks?CMP=share_btn_tw

#10yrsago There is no record of US mass surveillance ever preventing a large terror attack https://theintercept.com/2015/11/17/u-s-mass-surveillance-has-no-record-of-thwarting-large-terror-attacks-regardless-of-snowden-leaks/

#10yrsago The final Pratchett: The Shepherd’s Crown https://memex.craphound.com/2015/11/17/the-final-pratchett-the-shepherds-crown/

#10yrsago DRM in TIG welders https://www.youtube.com/watch?v=b6mlr_MX2VI

#10yrsago We treat terrorism as more costly than it truly is https://timharford.com/2015/11/nothing-to-fear-but-fear-itself/

#10yrsago David Cameron capitulates to terror, proposes Britain’s USA Patriot Act https://web.archive.org/web/20151117154831/https://thestack.com/security/2015/11/16/cameron-draft-investigatory-powers-bill-timetable-paris/

#5yrsago Storage Wars https://pluralistic.net/2020/11/17/u-stor-it/#nyc

#5yrsago Cross-Media Sci-Fi with Amber Benson and John Rogers https://pluralistic.net/2020/11/17/u-stor-it/#asl


A photo of me onstage, giving a speech, pounding the podium.



A screenshot of me at my desk, doing a livecast.



A grid of my books with Will Stahle covers..



A cardboard book box with the Macmillan logo.

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2026
  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Memex Method," Farrar, Straus, Giroux, 2026

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, 2026



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