How Dr. Seuss's Lawyers Ruined Christmas
from the no-whoville-in-lousville dept
Thanks to both Eric and Gunnar who simultaneously sent in the news of lawyers representing Dr. Seuss's estate who threatened the town of Louisville, Kentucky with a lawsuit if they didn't stop a planned "How the Grinch Stole Christmas"-themed celebration as a part of its Light Up Louisville holiday event. The lawyers pointed out that the characters are copyrighted, and could not be used. Legally, they may be correct, but as Louisville Mayor Jerry Abramson pointed out: "It appears these lawyers' hearts are two sizes too small." Given the very subject matter, and the joy which Dr. Seuss stories bring to kids, you would have thought that the lawyers might think twice on this one. Apparently not. I'm sure that all the Grinch-themed aspects of the celebration probably would have made new Seuss fans out of many kids, but apparently, Dr. Seuss' estate would prefer that not happen.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: christmas, copyright, dr. seuss, grinch, louisville
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Already been said...
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Re: Already been said...
Looking at the story, the lawyers are probably legally right in this case (you know Disney would go nuclear if they tried to do a "Mickey Mouse Christmas" theme), but this is just going to end up as bad publicity for the Dr. Seuss Estate.
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The town should do it anyway
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Re: The town should do it anyway
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Re: The town should do it anyway
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Stink stunk stank
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But it's perfectly fine to steal domains?
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Re: But it's perfectly fine to steal domains?
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Re: Re: But it's perfectly fine to steal domains?
What City is Louisville in ?
Answer Kentucky
Still no connection? You fail.
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Re: Re: Re: But it's perfectly fine to steal domains?
Guess I need to go back and retake Geography 11.0
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Re: Re: Re: But it's perfectly fine to steal domains?
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Re: Re: Re: But it's perfectly fine to steal domains?
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Re: But it's perfectly fine to steal domains?
In the gambling domain issue, the domain owners lost the domain and the potential to make money from it.
There's a difference.
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Re: But it's perfectly fine to steal domains?
Governor = runs the State
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Re: But it's perfectly fine to steal domains?
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What were they thinking?
I just can't imagine Mayor Jerry thinking this was a good idea without getting an approval first. Although with our projected $20 million budget shortfall, maybe we could just leave the lights off this year and save a little money.
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Re:
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What goes goes around comes around
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Re: What goes goes around comes around
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Re: What goes goes around comes around
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City != State
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Grinch
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From the whatever-happened-to-free-advertising dept.
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Re: From the whatever-happened-to-free-advertising dept.
Since they didn't...
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Re: Re: From the whatever-happened-to-free-advertising dept.
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Re: Re: Re: From the whatever-happened-to-free-advertising dept.
Do you guys think that the thieves/makers of those items are giving all the proceeds to the respective estates?
Ha!
You guys might think differently if it were your items being copied and sold.
And if you think no one would be profiting: Is somebody DONATING all the work spent on desigining and producing all those signs, brochures, banners, advertising, etc.? Riiiiiiight.
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Re: From the whatever-happened-to-free-advertising dept.
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"Give me that! Don't you know you're not suppose to take things that don't belong to you? What's the matter with you, you some kind of wild animal? Huh?"
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Re:
Technically speaking, yes, you are right but in the end the IP holders and attorneys end up looking like the greedy assholes they apparently are with the IP now involved in a very public negative story. Nobody wins IMO.
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again, not what copyright is for
I heard today of the cease-and-desist letter on behalf of the Seuss Estate being sent to the city of Louisville. While I respect the law, this clearly demonstrates that copyright is entirely out of control in its current form, as any reasonable person would determine that promoting The Grinch, through a city-sponsored holiday party, would clearly suit the best interest of the Seuss estate by promoting Geisel's creation. Now, instead of exposing thousands to the story of the Grinch, none of the residents of Louisville get to enjoy it... including the young, impressionable, soon-to-be-consumers. This is not at all what copyright was intended for; we can all see that.
Cheers,
Mike
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So what your saying...
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Copyright Protection Seems a Stretch
They may be trademarked, which would be a different story, but still a possible fair use: here, if the characters are trademarked, use of them could imply an endorsement of the city or an implication that the Seuss estate is involved in the Christmas pageant.
As for the "images," there might conceivably be a case for not allowing wide use of representations of iconic images from the book, as there is somewhat greater protection for graphic characters over just fictional characters, but even there it's still a stretch.
I'm a supporter of copyright protection, but this seems to be going beyond what the law covers. There may be other causes of action, (such as unfair competition), but copyright isn't necessarily one of them.
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I think you mean what state is Louisville in.
So much for the "eleete" geography lesson. Sheesh.
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Re:
I also was not trying to insinuate that the mayor was the governor as I believe he was trying to convey.
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And a "How the Grinch Stole Christmas" themed celebration would likely violate both the copyrights and trademarks owned by Dr. Seuss' estate.
Funny litle quirk of US copyright and trademark laws: if you don't enforce your rights you risk losing them. By not asking permission Louisville forced the estate to defend their rights. So if you want to bust a lawyer's chops, pick on the Louisville city attorney.
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Re:
It's true that you can lose trademark protection if you don't actively "enforce" them, but it is definitely not true that you lose copyright protection absent enforcement. Copyright remains in force even if you never prosecute infringement. You could ignore a hundred infringements and go after the the 101st without penalty.
Much depends on what the city of Louisville was planning for their "Grinch" celebration, but objecting to their simply using a "Grinch" theme would indeed be a stretch to successfully litigate under copyright law (though, as I indicated, there may be other laws by which the Seuss estate could sue).
Mike and I have gone back and forth over copyright here, and while we disagree on much, we don't, I think, disagree that frivolous copyright suits tend to harm fair use protection. The Seuss estate has achieved their aim in stopping the city's celebration, but whether they would have a successful copyright case is doubtful, IMHO.
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Protecting Universal?
Maybe the Seuss lawyers are protecting their licensing agreement with Universal. After all, if some town in Kentucky can perform a Grinch show without paying licensing fees, why does Universal need to pay?
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In Honor of Theodor Geisel (Dr. Suess)
'Bout who they sadden or who they slam.
It's such a shame that they're so bad
At Christmas when they should be glad
That people want to tell the tale
Of Doctor's Grinch, not Jonah's Whale.
Their hearts are not of flesh and bone
But rather made of so much stone
That they ring cold in wintertime.
I'm sorry for this awful rhyme!
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I find this amazingly ironic...
It's possible, even likely, the lawyers are in the right, yet this would probably represent something much truer to the works of the good Dr. than the horrible atrocities his name has been attached to since he passed on.
Charles Schulz got it right. Peanuts would end with him. It's sad, but we have 50 years worth of comics, books, TV shows and movies that are wonder examples of the artist's work and won't be ruined by idiotic marketing droids and other greedy hacks.
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Why should they enforce thier copyright?
If the city had decided on a "Little Mermaid" themed celebration with license Disney would have surely stepped in. If they tried to do a "Looney Tunes" themed celebration without license Warner Brothers would undoubtedly call foul. Why shouldn't the Geisel Estate enforce their copyright when someone is using the name and likeness without permission?
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Re: Why should they enforce thier copyright?
When you understand that, you'll have matured significantly more so than anyone around you.
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They should call BS on it
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Re: They should call BS on it
Don't argue legalities you don't understand.
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Re: Re: They should call BS on it
So maybe you need to stop arguing legalities you don't understand?
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Re: Re: Re: They should call BS on it
That's not at all what the town is doing.
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Re: Re: Re: They should call BS on it
Here's info in case you are curious:
http://www.randomhouse.com/about/permissions.html
If you do it without permission, you will be sued.
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No Laughing matter!
Legal Eagle (A Louisville native)
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Re: No Laughing matter!
I actually tend to really enjoy a good parody. Weird Al makes good parody, as does Mel Brooks (Spaceballs, anyone?)
Maybe Louisville's Mayor could create parody characters.
There! I said it. PARODY. First Amendment! Boy, that would be funny.
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Meantime, maybe you need to stop arguing legalities you don't understand. Just because you think something is true doesn't mean that it actually is true.
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RE: The town should do it anyway
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I really see nothing wrong with the Seuss estate trying to protect its copyrights and trademarks. If it's done properly, everyone can benefit.
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End result?
Will there really be any change in Dr. Seuss sales as a result of this?
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Not a town
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They didn't... They continued to plan, and almost execute this clear violation of copyright laws...
Then the mayor says that the lawyers hearts are small, but in fact, his brain may be too small...
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How the Lawyers Stole Christmas
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Taking Seuss's side here
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Lawyers
No?.............................................Good!
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