Disney And Warner Bros. Prepare To Fight Over Who Owns The Public Domain Wizard Of Oz
from the sorta dept
You may recall a lawsuit we wrote about last year, involving some questions about which parts of The Wizard of Oz movie were public domain, and which were still under copyright. It's a bit confusing. The books are public domain, having first started being released in 1899. No doubt about that. But the movie, made in 1939, is still under copyright. And here's the tricky part: which parts do the copyright cover? Technically, things directly from the book should be public domain -- but any creative additions put into the movie (such as the ruby red slippers...) can be covered by copyright, and held by Warner Bros.So, here's the problem. Disney (not WB) has decided that it's going to make a movie out of The Wizard of Oz -- which it has titled Oz, the Great and Powerful. And it appears that WB wants to do everything possible to make life hellish for Disney if it moves forward on this plan. The first step? According to Eriq Gardner over at THResq, it was to quietly apply for a trademark on "The Great and Powerful Oz." Note the similarity to what Disney has called its movie. Except, it turns out Disney was sitting pretty... having filed for a trademark on its version of the phrase/title... a week earlier. Thus, Disney has the lead here and WB's application got tossed.
The THResq piece questions if WB was planning to make wider use of trademark to try to prevent things like this from happening, avoiding the fact that the copyrights on the works have long gone into the public domain.
In the past year, Warners has been one of the most aggressive filers of oppositions at the USPTO's Trademark Trial & Appeal Board. Especially over The Wizard of Oz.It goes on to talk about one ongoing case in particular, concerning a company selling wines in Kansas that it's named after aspects of the Wizard of Oz. The company is claiming (correctly) that the book is in the public domain. But WB is claiming it doesn't matter, because public domain only applies to copyright.
For instance, the company has gone after potential merchandise associated with Dorothy of Oz, a $60 million-budgeted animation film scheduled to be released later this year by Summertime Entertainment.
Warners also has attacked registrations on a series of neuroscience books entitled "If I Only Had A Brain," a restaurant called "Wicked 'Wiches Wickedly Delicious Sandwiches," a clothing line known as "Wizard of Azz," Halloween costumes under the brand name "Wicked of Oz," and dozens of other Oz-related marks.
While that case continues, you can bet that WB won't let Disney just go ahead and make this movie without putting up a bigger fight.
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Filed Under: copyright, public domain, trademark, wizard of oz
Companies: disney, warner bros.
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Falcon Punch (Kan-ChYo!)
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Re: Falcon Punch (Kan-ChYo!)
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Re: Re: Falcon Punch (Kan-ChYo!)
;-P
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Re: Falcon Punch (Kan-ChYo!)
I have a real big hate for anything that has to do with Hollywood !!!
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Re: Re: Falcon Punch (Kan-ChYo!)
Personally, I think an organization that moved to/formed in California for the sole purpose of taking advantage of looser IP laws to build up their businesses, and then labor for continually stricter IP laws they can use to not only stick thumbscrews to everyone else, but each other, is beyond even contempt.
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Re: Re: Falcon Punch (Kan-ChYo!)
i mean, it'd be a bloody mess, but it'd make more sense and being stupid would get you dead rather than rich.
Aku Soku Zan.
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Re: Falcon Punch (Kan-ChYo!)
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We Win!
That's what trademark and copyright laws were put in place for, right?
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Re: We Lose!
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Re: Re: We Lose!
*munches popcorn and watched for Disney and WB to destroy each other*
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No, it's my gate! I'm the gatekeeper!
I'm gonna sue you.
Well, my lawyers are bigger than yours!!!
You're stupid.
You're stupider.
You're stupiderest.
You're stupider than stupiderest.
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1939?
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Re: 1939?
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Re: Re: 1939?
That's the idea behind Kickstarter campaigns to hire a musical group to perform public domain symphonies, and putting the resulting recordings in the public domain.
(Found a link: here)
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Re: Re: Re: 1939?
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If 'translation' of a work allowed full re-copyrighting, the companies would simply translate a work into another language, 'translate' it back, and extend copyright (even more) indefinitely...
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Who should I be backing here?
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Re:
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"...and then set their legal team on fire"
Now i'm disappointed.
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On a side note, I'd like to see the creators of Zardoz get in on this fight, if only to see pictures of Sean Connery in a red leotard splattered all over the news.
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I'd settle for someone suing these companies out of existence anyway.
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Live by the sword...
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Re: Live by the sword...
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Re:
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> credit on movies just because they'll live
> longer and keep the copyright alive longer.
I've been wondering how the whole "x years + life of the author" thing works when the author is a corporation.
There are companies in existence today that predate the American Revolution. Do we really have to wait until Disney goes bankrupt (if ever) before its copyrights will run out?
When a law is passed which defines a time period as dependent upon the length of a life, it seems the underlying assumption has to be that the target of the law will actually die at some point. That's kind of obviated with an essentially immortal entity like a corporation which nevertheless (and often paradoxically) enjoys personhood status under the law.
If "the life of the author" is literally defined as "until Disney goes out of business", then for all practical purposes, we've already reached the point where copyright is perpetual and never-ending.
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Steamboat Willie was published in 1928, which means that Disney only has 11 years to get Congress to extend copyright terms yet again. Though, if a Disney researcher and two law students are to be believed, the copyright on Steamboat Willie expired a long time ago due to technicalities.
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Whine
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The Witches Wiz
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Re: The Witches Wiz
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Re: The Witches Wiz
THIS IS HOLLYWOOD!
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Same old, same old...
Nothing new to see here, move along...
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Re: Same old, same old...
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2 deep pockets collide in the woods - do they make a sound?
This potentially could end really well. I don't see either company willing to settle - there's too much at stake. But it sure is going to be interesting to watch Darth Vader and Emperor Palpatine fight each other.
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Re: 2 deep pockets collide in the woods - do they make a sound?
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Re: 2 deep pockets collide in the woods - do they make a sound?
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wtf...
The winery should reply back, "Trademarks only apply to a specific industry"
Heck, even within the movie industry, a movie title is only needs to be unique per year. I've seen my share of movies with identical names, but different years.
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Re: wtf...
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Honestly, haven't you ever dealt with a hypocrite before?
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Conferrin' with my lawyers
Consultin' with Iran
And my cash I'd be countin'
Gold bars piled like a mountain
If you couldn't make movies
I'd copyright every ditty
However short or shitty
No data should be free
With the thoughts they'd be buyin'
They could really just stop tryin'
If we couldn't make movies
Oh I, would tell you why
Our artists are our whores
I could sell you things you've bought ten times before
So go lawyers and buy some more
I would make you just a nuffin'
Your wallet full of stuffin'
Your art belongs to me
I would dance and be merry
Life would be a ding-a-derry
If you couldn't make movies
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http://en.m.wikipedia.org/wiki/Return_to_Oz
And it's arguably better (and darker) then the original, IMO of course. If WB knows that Disney could actually outbeat them, that would give them an excuse to pull a stunt like this. Either that or they are just being total assholes.
And speaking of seeing how the ORIGINAL books are now in public domain and hypothetically speaking I wanted to make an adaption from the novels, would I risk being sued by Warner Brothers?
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Oz
For example, if they made a movie out of 'Romeo & Juliet' would these asshats actually have the stones to claim exclusive ownership of a Shakespearean play merely because they trademarked the title and key plot elements of the film?
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Theory
I would call that feeble being a very different subject. I mean how can Warners have any gain or loss if these books used this name or some other?
a restaurant called "Wicked 'Wiches Wickedly Delicious Sandwiches,"
I am very doubtful that Warners own the "wicked witch" term.
Witch in its self is a rank in the Pagan/Wicca religion which is older than Christianity. Then due to the Bible's attack on Pagans these "witches" were soon seen as evil and wicked.
So that is the theme under which the books were wrote that pre-date the movie. No hope there in other words unless they infringed the character.
a clothing line known as "Wizard of Azz,"
Now they are getting silly.
Halloween costumes under the brand name "Wicked of Oz,"
Seeing that we do refer to Australia as "Oz" short for Aussie then I doubt they can make that one stick. Then we also use Oz as ounces as in weight.
and dozens of other Oz-related marks.
As I am very sure these books used the word "Oz" then even that direct mention is now public domain.
But WB is claiming it doesn't matter, because public domain only applies to copyright.
I have seen such a claim once before. This is when someone is about to lose their case and makes an idiotic claim of pure arrogance.
My previous example was when UMG claimed that they did not have to consider "fair use" when taking down a video. The Judge not only pointed out they did indeed have to consider "fair use" but also they were wrong to remove the video.
Oh and thanks for insulting everything that is not under copyright.
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Let's see now. SOPA was "for the artists". "for the creators", "for the lunch wagon sandwich makers" and so on. Not the studios. Nooooooooooo. And now here they are bringing out the neutron bombs to use on each other.
This'll be fun to watch.
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Return of the Robber Barons
http://www.ipwatchdog.com/2012/01/19/supreme-court-oks-public-domain-works-being-copyrighted /id=21867/
"Yesterday the United States Supreme Court issued a truly regrettable decision in the much anticipated copyright case Golan v. Holder. At issue in this case was nothing short of whether the United States Congress has the authority to restore copyrights in works that were in the public domain, or in other words whether Congress has the authority to strip works from the public domain and grant copyright protection. In one of the more intellectual dishonest decisions I have ever read, the U.S. Supreme Court, per Justice Ginsburg, determined that Congress can pretty much do whatever it is that they want with respect to copyrights. Removing works from the public domain and restoring copyright protection is said to be a power granted to the Congress under the Constitution, and there are no legitimate First Amendment concerns.
To all those who can read the Constitution it has to be clear that the Supreme Court’s decision in Golan v. Holder is absurd. It is a ridiculous decision that lacks intellectual honesty and defies common sense. ..."
Corporations don't care if the SCOTUS is being absurd, as long as they can make an easy buck by claiming to be the creators of someone else's work.
Just another of the many instances of the corruption that has taken hold on this country at ALL levels.
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That means I already live in "The great and powerful Oz"
Though WB should already know all about Australia via The Tassie Devil public relations stuffup
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WHAT THE........!!
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"Nike MacDonalds of Oz" is my minor start including the golden M and the tick. I think a lot better could be done there.
Then we have to wonder if they would ever let this old movie become public domain one day.
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Real Pirates of the Caribbean
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Mickey Mouse Clubhouse
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Copywrong
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