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so why is it ernest cline can write about all those films and games in ready player one and not violate copyright law, but the film had to have the rights?
what is it about the written word in copyright law that allows authors to use other intellectual property and not get sued?
I know Spielberg attained the rights for the film but strangely cline never needed them to write the book. Why? He includes references to other films that Spielberg couldn't get the rights to so had to be changed. So why can you write a novel without the rights but a film you need them?
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Several reviewers observe the novel is a rich social commentary. Social commentary, or satire, parody, lampoon, pastiche, etc., are areas of intellectual property rights infringement exceptions. Some degree of tolerance on the parts of rights holders helps, too, at the least due to perceived publicity benefits. The motion picture, however -- advance notice and rethought strategies and deep pockets from which to extract a pound of flesh -- some rights holders balked or negotiated for high use fees and were declined.
Another consideration is that written word, motion picture, and role-play game content are distinct and different medias and markets. Incidental references in one to another is also an exception, so long as no verbatim content of more than a few words' reproduction transpires, say, of titles, labels, catch phrases, taglines, and trademarks, and of which uses otherwise paraphrased content of a small proportion to the overall quantity of original work for the parody and targeted intellectual properties. Evidently, the novel is in large part an original work, original words, original milieu (secondary social commentary, satire, parody, lampoon, pastiche of a primary milieu), and original plot and subtexts, for the most part.
Besides, once the novel was on the market and performed well, the litigation bell tolled on the rights holders due to their delayed reactions and reluctance to act against the novel's blockbuster popularity. Cline and Crown Publishing Group assumed their litigation risks on a strong leg merit of social commentary and carried through. Ostensibly, Spielberg sought ironclad use permissions and met resistance. Once permission is requested, that bell won't untoll.
What, ask permission up front, beg forgiveness after the fact, say, of a trial's conclusion, or bulldoze all steam ahead full and never acknowledge -- well, infringement, theft, cheat, lie, or other wrong? Cline got away with intellectual property piracy because he did the latter, was let pass, and has a legal leg and Constitutional right on which he stands.
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