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Feminism: sex and gender

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Men can now own our brains..?!

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Packingsoapandwater · 06/11/2021 12:17

This strikes me as being a very concerning shift. It's one thing to award a share of income deriving from a work, product or service developed during a marriage, but to award a share of decision-making over that work, which essentially this ruling does, seems to overstep the mark massively.

It's a bit like awarding the right for a divorced spouse to say which work contracts an ex-spouse should take, just because the training that qualified ex-spouse did to do the work took place during the marriage.

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deydododatdodontdeydo · 05/11/2021 11:46

This ruling seems like it would be something that would benefit more women than it would negatively affect.

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sawdustformypony · 04/11/2021 17:14

@FlipFlops4Me

If it was me I would burn every piece of my work I could get my hands on. And then I would refuse to produce another piece of work that he might profit from. Or I would produce wonderful works of him with a tiny penis and suggest he sell them.

Then I'd go to court to get it confirmed that future copyright was my own and not shared after which I could start painting again.

Sounds like his barrister might remind the Court of s25(2)(g) MCA 1973.
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DeJaDont · 04/11/2021 15:49

@FlipFlops4Me

If it was me I would burn every piece of my work I could get my hands on. And then I would refuse to produce another piece of work that he might profit from. Or I would produce wonderful works of him with a tiny penis and suggest he sell them.

Then I'd go to court to get it confirmed that future copyright was my own and not shared after which I could start painting again.

I would go the opposite and put everything on digital download for free and then just start again. No point in him trying to sell them if they are free to print out and that would legitimately be a clean break.
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FlipFlops4Me · 04/11/2021 15:39

If it was me I would burn every piece of my work I could get my hands on. And then I would refuse to produce another piece of work that he might profit from. Or I would produce wonderful works of him with a tiny penis and suggest he sell them.

Then I'd go to court to get it confirmed that future copyright was my own and not shared after which I could start painting again.

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FFSFFSFFS · 26/10/2021 12:31

I don’t think this is a feminist issue - the issue is whether creative output can be viewed as a financial asset. I actually think it’s a good thing that it is seen as something of value.

But @PollyWog very interested to hear more about the Marx thing as a bit of a tangent

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PollyWog · 26/10/2021 08:11

My exh attempted to lay claim on my intellectual property after we separated. I wrote a book and a song I wrote was used in a film- both of these were created after our separation, but legally he could have received half my income from these. Luckily it didn't work out in his favour but I wonder if marriage is really worth it for a lot of people.

Whether this disproportionately affects women over men, I couldn't say; however , I recently learned that Karl Marx's wife wrote most of his work, so I wonder how often that pattern is repeated in other marriages.

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NumberTheory · 26/10/2021 08:01

@doyouwantachuffedybadge

Well, as someone who has never been married, and therefore has never looked into the contract, I ask why anyone would consider getting married if your art would become owned by your partner? Is anyone not worried that your thoughts would become owned by someone else?

Almost everyone who works sells their thoughts. Why should non-artists who marry artists be obliged to put the results of their own labour into the pot on divorce but the artist be allowed to hoard their own?

All those people developing paints or materials, legal concepts, safeguarding processes, cakes, sort algorithms, scientific theories, user manuals, network protocols, new medicines etc. they all sold their thoughts to others one way or another.
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doyouwantachuffedybadge · 25/10/2021 23:17

Well, as someone who has never been married, and therefore has never looked into the contract, I ask why anyone would consider getting married if your art would become owned by your partner? Is anyone not worried that your thoughts would become owned by someone else?

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NumberTheory · 09/10/2021 17:34

I'm not surprised intellectual property is considered property for the purposes of divorce. You can sell the copyright, so why shouldn't it be considered a marital asset? I'm a bit surprised NZ courts had ever ruled differently.

What the final settlement should be, though, is tricky because the handling of copyright for individual pieces can have an impact on the value of the artists body of work as a whole. Courts have dealt with this before with companies, though. I don't think it being art should make it different.

Sounds like a very acrimonious divorce, though and that's obviously going to heighten feelings and the risk that he would act maliciously.

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AICM · 09/10/2021 17:25

If it applies to men and women equally,it's not sexist.

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KimikosNightmare · 09/10/2021 15:35
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AICM · 09/10/2021 14:10

And this only applies to women, not men?

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doyouwantachuffedybadge · 09/10/2021 13:18

@AICM

The thread title has no relation at all to the story.

Of course it does - this court case means that not only can her ex husband have money from her work, he also owns copyright to it which affects future sales. He gets to make as many copies of her work as possible and sell it for whatever he likes. Its about control. As a creative, this frightens me very much. It's one thing to gain money from your ex partner's work, but quite another to have rights to the intellectual property of their creative work.
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ThedaBara · 09/10/2021 13:04

The same thing happened to Picasso after his divorce from Olga. Common with artists and musicians I believe

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AICM · 09/10/2021 12:59

The thread title has no relation at all to the story.

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