Warning to artists; copyright battle

[Lilith7]

HOW the hell they came to that decision is bizzare.


https://www.odt.co.nz/news/national/arti...rns-others

[Oh_hunnihunni]

She was a local when I lived in Blenheim, and the pair of them marketed her work, which was everywhere, in cards and stationery as well as prints and originals. They were really good business people. And I wouldn't be surprised if that fact formed part of the decision making in this final chapter. Boy though, it has gone on for years, this fight...

[nzoomed]

I always thought copyright was held by the creator, none of that makes any sense.

[dken31]

Copyrights can be bought & sold and I can't see any reason they should be given special status with regard to application of relationship property rules. NZ has pretty inflexible relationship property rules which are only "fair" in that they apply to all couples equally, but they're rarely fair to both parties in a split. But then, it is so often next to impossible to know, let alone prove, who "contributed more" to the financial value available to be split up.

Based on what Oh-hunnihunni says, it sounds like the husband played more of a part in the creation of her art's "value" than she (or the rather one-sided article) gives him credit for, not that that is actually relevant to how marital assets are legally required to be split. And I know that in my case, even though my wife has had zero direct involvement in setting up and growing "our" business, and wouldn't know the first thing about how to run it, she has still been absolutely integral to enabling me to do what I do. So, if we're ever short sighted enough to let our marriage "peter out", I wouldn't genuinely be able to assert that she isn't morally & ethically entitled to take a big chunk of credit for what "I've" created anyway. Would that make the legally mandated 50/50 split be "fair"? It'd be impossible to say.

[Oh_hunnihunni]

I agree, the courts found it part of matrimonial property, just like kiwisaver, property, a business, or other asset built during a long term relationship. But that doesn't impinge on copyright as intellectual property, it reinforces it if anything. It doubles down on the fact that creativity is a real asset, and when that creativity results in work it has ownership rights that can be established and proven.

After all, if a court can find that other professionals leaving such a relationship during which the basis of that profession was mutually supported and developed, and the fruits of that can be shared beyond the relationship, why shouldn't that apply to creatives? Are we not professionals with skills and expertise that form worthy assets? Bankable assets, worth investing in? Is not our practice a business?

[nzoomed]

Sounds like preen ups are the answer, but should not be necessary, the law needs updating.

[harm_less]

Sounds like preen ups are the answer, but should not be necessary, the law needs updating.

Prenuptial agreements need to be put together very robustly in order to stand up against marital property laws and usually apply to assets going into a relationship. 

Assets of all varieties that accumulate (or are created) during the period that the relationship exists are another issue altogether and their apportionment is far from clear cut when the relationship ends.

[Oh_hunnihunni]

What is comes down to though is acrimony and bad feelings after a relationship disintegrates. Which is another good reason to be very aware of the potential consequences to life decisions...

[nzoomed]

Sounds like preen ups are the answer, but should not be necessary, the law needs updating.

Prenuptial agreements need to be put together very robustly in order to stand up against marital property laws and usually apply to assets going into a relationship. 

Assets of all varieties that accumulate (or are created) during the period that the relationship exists are another issue altogether and their apportionment is far from clear cut when the relationship ends.

Yes, good point usually it only protects assets you hold prior to a relationship.

[harm_less]

What is comes down to though is acrimony and bad feelings after a relationship disintegrates. Which is another good reason to be very aware of the potential consequences to life decisions...

A bit of advice regarding divorces; just find yourself a potential partner that you really hate and give him or her half your money. That's probably a less stressful strategy in the long run with the same end result 

[Oh_hunnihunni]

If I ever divorce someone I shall happily take that advice! But I am comforted by the unlikelihood of such an eventuality!

[nzoomed]

I have a better solution, dont get married.

[zqwerty]

That won't help, if you live with someone for a while they get automatic property rights.

[Lilith7]

That won't help, if you live with someone for a while they get automatic property rights.

Well...perhaps the perfect marriage would be living seperately...?

[Oh_hunnihunni]

I have a better solution, dont get married.

Awww! Some marriages are wonderful... Mine was. I would do it again too, if I could find another one just like him, lol.

Ever the optimist, me...

[nzoomed]

I have a better solution, dont get married.

Awww! Some marriages are wonderful... Mine was. I would do it again too, if I could find another one just like him, lol.

Ever the optimist, me...

It certainly can work out great, the sad thing is I know 3 couples who appeared to have a stable marriage and started a family and then fell apart overnight after almost 20 years together, I never saw it coming and it didnt end well.

[Oh_hunnihunni]

I know, there are a few in my world too. And marriages that kind of fell into disuse, which might be even worse. One of the things I realised after being widowed, and talking with a friend as her marriage fell apart, was that in a strange way I was luckier than her, in that I knew how mine ended, no doubts, no wondering, no blame or guilt. She was betrayed, I never had to deal with that. Maybe there is something to be said about going out on a high note, my subsequent relationships might prove that to be true!

I do know one thing though, for certain, being a single is a hell of a lot better than being in a less than happy relationship. Be that a marriage, a job, or a friendship. They all take work to make them worthwhile, (as does being single lol!) but once that effort simply ceases to reward, then it is time to step away. Otherwise, the wear and tear on the soul is just too high a price to pay for staying put.