Son Of Writer Of First Episode Of Doctor Who Now Claiming Copyright On The Tardis
from the time-and-relative-dementia-in-copyright dept
It's amazing the stories that find me these days. Apparently, a guy named Stef Coburn, whose father Tony Coburn wrote the very first episode of Doctor Who, is claiming copyright on the Tardis, the iconic police phone booth that is also Doctor Who's mode of transportation (through time and space, of course). The younger Coburn claims that his father came up with the idea for the Tardis and told his children about it over the dinner table. He then takes it a step further and claims the informal agreement his father had with the BBC expired upon his death (which happened way back in 1977), at which point the rights transferred to his mother, who has since passed them on to him. He's now demanding that he get paid for every use of the Tardis since his father's death."It is by no means my wish to deprive legions of Doctor Who fans (of whom I was never one) of any aspect of their favourite children's programme. The only ends I wish to accomplish, by whatever lawful means present themselves, involve bringing about the public recognition that should by rights always have been his due, of my father James Anthony Coburn's seminal contribution to Doctor Who, and proper lawful recompense to his surviving estate."It would be great to get some UK copyright lawyers to weigh in on the specifics, but it seems like there are a bunch of interrelated issues here, none of which bode well for Coburn's claim. There's a question of whether there's even a legitimate copyright here at all (copyright is supposed to be on expression, not ideas)? If there is a legitimate copyright, would it even have belonged to Coburn and not the producers of the show he was hired to write for? If it did belong to him and not the producers, what was the nature of the contract -- formal or informal -- between them and was there any indication that it would end upon his death? And, of course, there's the only issue of laches, for not doing a damn thing about this for 35 years. It seems fairly likely that nearly all of those questions are likely to be answered in a way that favors the BBC and not the younger Coburn.
Once again, though, it seems like yet another case where the popular myth of copyright -- that it's about "ownership" of some "creation" -- leads to this kind misguided attack.
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Filed Under: copyright, doctor who, stef coburn, tardis, tony coburn
Companies: bbc
Reader Comments
The First Word
“Not quite a lawyer but...
The way I see it he has several challenges to his claim (which still seems to be in the "pay me money" stage, rather than the "I've talked to lawyers" one) - I think that if he had a case he wouldn't be telling newspapers.* Showing that there is copyright in the Tardis; it's not quite clear what he is arguing he has copyright over - obviously not the idea of a blue police telephone box, or a time machine, maybe combining those two (with it being bigger on the inside) or the name. The name might be an interesting claim, although then there's the argument that it isn't a literary work on its own, but part of a larger one - the script for the first episode. Then there's the question of whether or not it is a substantial part.
* Showing that his father was the first copyright owner; that requires raising evidence that it was his father (and not anyone else working on the show) who came up with the idea. Wikipedia suggests that he did come up with the idea of it being a police telephone box, but that might not be sufficient if that itself isn't covered by copyright. If he was employed by the BBC (rather than commissioned) then the copyright would start with the BBC anyway.
* Showing that there was an informal licence and that it expired on his father's death; I think this is the one where a court is most likely to throw the case out. Copyright licences are binding on (most) successors in title, so if there was a licence that allowed the BBC to use the Tardis in other episodes, there is no reason why it would expire on his father's death. He would have to raise evidence as to the terms of the licence; given that it was informal and the circumstances (writing for a TV show), there may be a strong presumption against it.
That said, it worked for the estate of Terry Nation (credited with creating the Daleks and co-owning rights to them, with the BBC) - although I don't think that ever went to Court.
Plus it seems the BBC isn't being entirely honest with the truth. The statement from them reads "The BBC registered the TARDIS trade mark in the 1980s unchallenged and there have been no challenges since..." (the Independent getting it wrong and thinking they were talking about registering the copyright - which isn't registered in the UK). There seem to be about 15 trade marks registered for "The Tardis" or "Tardis", not all owned by the BBC, the earliest (now expired) from 1931.
While there is one from the 80s it only applies to books etc., the main BBC ones seem to come from 1996 - possibly after the film was released. I think it may have been those ones that the Met Police challenged unsuccessfully, but I'd need to do more research to check that.
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Parasite to English translation:
"After all these years, I suddenly realized that the Doctor Who fandom is huge, and growing due to the new series, which means a lot of money. Given my father apparently wasn't greedy enough to shake down the fans of the show he'd created for those extra few dollars/pounds, I figured it was only fair that I get his share, as well as the rights to what he'd created, because money."
So many of the idiotic and abusive uses of copyright could be headed off with two simple changes:
1) Copyright dies with the creator, and lasts only as long as they do, at most, before entering the public domain.
2) Copyrights are nontransferable, if you aren't the creator, the most that can be assigned you is a temporary license, allowing for such things as reproducing, sales and similar, though never enforcement rights like the right to sue, which is solely the domain of the original creator.
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Usually, in order for one to be compensated for something, one has to have done something/lost something first. So, since the estate did not have a hand in the creation of the Doctor, nor did they lose anything...why should they be compensated?
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good
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Copyright and Insanity
Like Bacon and Eggs.
Like Politics and Corruption.
(ooops, but that's another movie reference)
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MORE amazing are the stories that miss you! -- Or you miss them.
Masnicking: daily spurts of short and trivial traffic-generating items.
03:18:56[d-325-2]
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Eh!
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Re: Parasite to English translation:
As far as I can reason, this is why copyright terms went straight from fixed duration (28 + optional 28 renewal) to life plus 50. The argument was likely made that copyright ought to last as long as the author does; but at that point there needed to be "insurance" against untimely death, lest things expire too soon or anyone be encouraged to off a prominent author.
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Some points:
* Coburn states he is not a Doctor Who fan, and calls it a "children's programme" in the same sentence? Way to engender support for your cause.
* Coburn's a prick
* Strictly speaking, it's "TARDIS" or even "T.A.R.D.I.S." - being an acronym. (But Guardian spelled it "Tardis" too, so point not belabored.)
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Re: Eh!
> they actually existed in the UK in the form it
> is portrayed in the series. So surely,
> if there is a 'copyright' issue at all it's the designer of the police box that should be bringing it?
The box isn't a fictional concept.
They actually existed in the UK and elsewhere.
If there is a 'copyright' issue at all, it's the designer of the BOX that should be bringing it.
And patent claims just to be sure they get their fair recompense.
(with rounded corners!)
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Re: Re: Parasite to English translation:
No, sadly, the real reason for the 'life+X years' copyright duration is entirely based on corporate control and profits.
Various companies(in particular one with a, shall we say 'mascot of rodent persuasion') purchased, or through contracts had signed to them, numerous copyrights. As a company is quite able to outlast a person, assuming it avoids going under, they needed a way to keep control over the 'valuable IP' they'd managed to acquire after the original creator had passed away, and so (to put it bluntly), they either tricked, or greased the palms of, various lawmakers, convincing them that (somehow) extending the duration of copyright past the death of the creator would (again, somehow) be beneficial to the creator and the public, by 'providing greater incentive to create', as though holding a copyright for your entire natural life wasn't incentive enough.
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Re: Re: Eh!
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Re:
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Re: Re: Re: Eh!
This statement is derivative of this statement is derivative of
...
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Re: Some points:
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Re: Re: Parasite to English translation:
Normally, I'd say bullshit...but given how crazy I've seen copyright supporters act, I won't.
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Re: Eh!
Not sure about the designer, per se, but the police force itself already tried a trademark case on the BBC, and lost:
http://news.bbc.co.uk/2/hi/entertainment/2352743.stm
Copyright is a different animal, sure, but if the BBC is able to trademark the TARDIS, they are surely able to copyright it as well.
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Re: Re: Parasite to English translation:
However, this has nothing to do with giving people an incentive to create, nor does it recognize the incentive to use public domain material to create even more work. Maybe the author doesn't get as much money in the long run, but a film was created that might not exist otherwise, and lots of other people could find ways to capitalize on those ideas. The whole basis of culture is recognizing and reusing the works of the past - that's how a heritage is created. Right now the only heritage we get is the one that's most profitable.
The maximalist will just scream "I made it, therefore I own it forever" but that's not always what's best for the economy or culture, which is the real goal of copyright law.
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Re: Re: Re: Parasite to English translation:
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Re: Some points:
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Re: Re: Re: Parasite to English translation:
To authors like that, I say "Boo fecking hoo". Unless they provided some sort of labour or consultation or did anything at all to help with the movie production, they don't deserve anything.
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Re: Re: Parasite to English translation:
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Re:
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Re:
Actually, we can see what you are doing without going to that link - you're a spammer.
Reported.
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Re: Re: Re: Parasite to English translation:
However, even with our insane copyright laws, Hollywood just takes existing works and changes them slightly to screw over writers. Look at Underworld and "The Love of Monsters", and Knocked Up and the book "Knocked Up".
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Re: Re: Re: Re: Parasite to English translation:
What, like writing the actual story you mean? ;-)
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There's also documented evidence that he's talking bollocks
The BBC background notes for the series, before any episode was written, suggests the Doctors "Machine" could look like "a common object in the street such as a night watchman's shelter". That Coburn rounded out that idea for the first episodes should therefore be irrelevant.
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Not quite a lawyer but...
* Showing that there is copyright in the Tardis; it's not quite clear what he is arguing he has copyright over - obviously not the idea of a blue police telephone box, or a time machine, maybe combining those two (with it being bigger on the inside) or the name. The name might be an interesting claim, although then there's the argument that it isn't a literary work on its own, but part of a larger one - the script for the first episode. Then there's the question of whether or not it is a substantial part.
* Showing that his father was the first copyright owner; that requires raising evidence that it was his father (and not anyone else working on the show) who came up with the idea. Wikipedia suggests that he did come up with the idea of it being a police telephone box, but that might not be sufficient if that itself isn't covered by copyright. If he was employed by the BBC (rather than commissioned) then the copyright would start with the BBC anyway.
* Showing that there was an informal licence and that it expired on his father's death; I think this is the one where a court is most likely to throw the case out. Copyright licences are binding on (most) successors in title, so if there was a licence that allowed the BBC to use the Tardis in other episodes, there is no reason why it would expire on his father's death. He would have to raise evidence as to the terms of the licence; given that it was informal and the circumstances (writing for a TV show), there may be a strong presumption against it.
That said, it worked for the estate of Terry Nation (credited with creating the Daleks and co-owning rights to them, with the BBC) - although I don't think that ever went to Court.
Plus it seems the BBC isn't being entirely honest with the truth. The statement from them reads "The BBC registered the TARDIS trade mark in the 1980s unchallenged and there have been no challenges since..." (the Independent getting it wrong and thinking they were talking about registering the copyright - which isn't registered in the UK). There seem to be about 15 trade marks registered for "The Tardis" or "Tardis", not all owned by the BBC, the earliest (now expired) from 1931.
While there is one from the 80s it only applies to books etc., the main BBC ones seem to come from 1996 - possibly after the film was released. I think it may have been those ones that the Met Police challenged unsuccessfully, but I'd need to do more research to check that.
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Re: Some points:
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A sticky subject
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Re: Re: Re: Re: Re: Parasite to English translation:
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Re: Re: Re: Re: Parasite to English translation:
And there's nothing wrong (ethically, perhaps not creatively) with altering a work enough to make it a new work - that's essential to culture. Almost everything is a variation on something else. The only question is how much does it need to vary.
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Re: Re: Re: Parasite to English translation:
Actually, I expect most creators, if given time to prepare for their death, while having an unfinished work, would care about what happens to their work after their death.
Some will want their work to be finished by either someone they select, or people they trust select.
Some won't mind it being a free for all of publishing fanfictions as the "ending" to the series.
One that is relatively young and has young children and was the primary or sole breadwinner would likely want the copyright to remain with their family so people can't massively profit off their work while their family falls into poverty, simply because they happened to die before they could finish negotiating a movie deal or some such.
One that's single with no children, or relatively old, has grown children, and is generally set financially probably would not mind as much if their work fell into the public domain after their death and others swooped in to profit off their work.
Bottom line, lots of different authors are going to have varying opinions about what happens to their work after their death, depending on their personal views and circumstances.
To say "they're dead, so they aren't going to care" is horrible logic. People caring what happens after their death is precisely why we have legal wills and estates and executors to carry out those wills. And life insurance. For that matter, the basic concepts of inheritance and choice of successor.
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He could have just started with that bolded part and gotten to his point a lot quicker...
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Re: Re: Eh!
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Re: Re: Some points:
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Sorry Old Bean
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The way I read this, he didn't even hold the copyright (assuming it even existed) from the death of his father. How can he expect to retroactively enforce something he didn't own for the whole duration he's asking for damages?
Plus, is it really policy that you can wait this long and just wait and wait and wait to assert damages even if you know it's happening? I mean if that's the case, why not copyright something (say a new standard), wait until it's used all over the world, then assert your copyright and collect from everyone everwhere around the world?! You could collect billions (if not more) after just waiting a couple years when it's $150,000 per infringement!
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Perhaps not
I think it's more likely he reckons if he shouts loud enough and causes enough trouble, that copyright law is muddy enough that the BBC will chuck a few quid his way as a settlement rather than test it in court and pay lots of lawyers.
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The TARDIS might fall under trademark law, but only if a trademark was established (and I'd be surprised if the BBC didn't own the trademark on the TARDIS.)
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Re: Parasite to English translation:
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Re: Re:
After the producers approved, he wrote the script that introduced the Daleks, their home world, Skaro, their enemies the Thals and other elements.
That's why Nation (and his estate, since he's dead) has the copyright on Daleks.
As to this, we should see as to what elements (including the TARDIS) were conceived by the producers/show runners.
Generally, the show creators produce a "bible" with all the pertinent elements (cast/settings/devices and props/etc) and pass that on to writers to read through and conceive plots around.
I find it hard to believe the producers wouldn't have conceived the main character's mode of transportation, leaving it to a freelance writer to come up with it...
BTW, you'll note the revival of Doctor Who brings back very few old characters/monsters/villains.
The whole "Terry Nation owns the Daleks" situation is why.
The new characters, including River Song, Weeping Angels, Judoon, and companions are created by the production team who plot out the season and assign stories using the staff-created characters/aliens accodingly.
(Of course, there are exceptions like writer Neil Gaiman)
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Re: Re: Re: Re: Parasite to English translation:
Copyright in 1920 was 28 plus 28 for a total of 56 years.
And, you had to renew at the end of the first 28 year period or the copyright expired then and there.
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Re: Re: Re: Re: Parasite to English translation:
Disney waited until the day after the American copyright expired, then announced production of an animated version of Kipling's "Jungle Book".
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Outrageous
Only a copyright pirating leech would make such a mistake.
(That's sarcasm for the sarc-impaired.)
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Copyright is OUTDATED...
A copyright on an idea should last 3 years. Milk it for all it's worth for 3 years. If the author creates another work using the same characters, etc. (ie. the Harry Potter series, Twilight, etc.) then the copyright is extended for another 3 years. So, in order to maintain the copyright, the author must continue to publish on it.
Also, the copyright expires on the person's death, unless it's passed to someone else and a new work is published within 3 years.
That's incredibly fair. You get exclusive use of something you create... until you stop using it. Simple as that.
If THAT doesn't promote the arts, then I don't know what does. It would promote the creation of new works by existing authors and TONS of fan fiction if the person doesn't.
Same thing with drugs. Milk it for all you can for 3 years, then get ready to compete with generics. Don't like it... get out of the game.
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Re: Re: Re: Re: Parasite to English translation:
Where's the balance between an author's control of their own work, and the general public's cultural assimilation of that work so that anyone can freely use it for their own creativity without having to ask for permission (such as producing a Shakespeare play)?
That's what this whole copyright debate is about - at what point does the artist give up control? Right now it's many decades after they're dead. And we're asking is that fair?
For example, if a writer refused to have his book turned into a movie while he was alive, and now his heirs uphold that wish, is it fair that that book may never be turned into a movie for another 90 years (ignoring the arguments of the artistic value of turning a book into a movie) and how is this beneficial to culture?
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Re: Re: Re: Re: Re: Re: Parasite to English translation:
Yeah, the author totally doesn't deserve to be compensated because the movie studio paid someone else to chop out a few scenes and shorten some dialogue.
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Re: Parasite to English translation:
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Re: Copyright is OUTDATED...
You're basically demanding an author churn out a single series like a factory, regardless of what other series they might be working on, or how long they feel is needed to properly develop their story.
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Re: Re: Re: Re: Re: Re: Re: Parasite to English translation:
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Re: Re: Re: Re: Re: Parasite to English translation:
Well the artist in this particular case had up to 56 years to monetize their work, which is also plenty of time to create other works and monetise those too. So as a member of the general public I think it was perfectly fair back then and would be today too. What we have today is grossly unfair to the general public, but big publishers/labels/studios have managed to warp the whole system into a monster that's grossly unfair to artists too. Yay for us all...
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Re: Parasite to English translation:
If it's been more than 30 years since the book was published? Hell yes. That's what PUBLIC DOMAIN means. The next generation gets a chance to make something and they can exploit old works in the process. It's exactly the same deal as the "poor original author" got.
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If we are going to address unfairness let's start with the really big ones and work our way down the list. In the meantime we can get rid of all paid artists by letting machines do the work instead. Now that they have advanced to the point were that is possible.
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The outside of the TARDIS is just some common item from 1960's London. It is not an original creation. It's just a cabinet that someone ELSE created. Perhaps THAT person might have some ownership interest in the TARDIS.
THAT person is not a member of the BBC staff or any relative of same.
I would be like DC claiming ownership of the typical American phone booth.
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Re: good
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http://tardis.wikia.com/wiki/TARDIS
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Re: Eh!
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Re: Re: Copyright is OUTDATED...
On the other hand, however, you're missing or ignoring the obvious fact that not having a copyright in no way "forces" an author to do anything or stops them from doing anything or selling more books. Quite the contrary in fact. All it would mean is that other people could also write in the same or similar world and frankly some authors could use a bit of encouragement in the way of competition to finish series rather than leave fans hanging.
I'd have happily paid for and read both the Harry Potter books and the subsequent Middle Earth books no matter how many other titles in the same world existed as I like how they're written. I'd also have probably have read other author's work in the same worlds as I enjoy the worlds. A Song of Fire and Ice, however, I gave up on after book 3 because I found it dull despite liking the world and other GRR Martin creations. I'd have been intrigued to see what another author could have done with the backstory. Bottom line, if it's good I'll read it, if not I won't and other similar works wouldn't change that.
Copyright removes choice plain and simple and whatever it's supposed to do or not, it locks up ideas not expression and reduces culture. Is that worth it for a short term? Perhaps. But don't pretend it's anything other than protectionist.
Incidentally, ironically I think some of Martin's best work is in a shared world that several authors write in.
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Re: Some points:
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Re: Re: Re: Copyright is OUTDATED...
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Re: Re: Re: Re: Re: Parasite to English translation:
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Re: Not quite a lawyer but...
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Re: Re: Re: Re: Re: Re: Re: Parasite to English translation:
You're letting your biases show if this is what you think a novel is.
Plus, can you name such a production? Somewhere a LIVING author was deprived of royalties from a film version of their novel because copyrights had expired?
"the movie studio paid someone else to chop out a few scenes and shorten some dialogue."
Come back to me when you've learned what actually goes into adapting a novel for the screen.
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Re: Re: Re: Re:
The only thing that really would be covered by this would be the IDEA of the inside of a time machine being in a separate dimension from the exterior (being "bigger on the inside" is technically a misnomer, since the "inside" isn't inside), the exterior being able to blend into the new environment, the mechanism for the camouflage function being broke (technically negating the blending in), & maybe the central control console/ pillar, as well as the acronym.
Which brings up back to ideas, an exterior that was someone else's construct, & the often changed, usually hexagonal centralized controls/ time rotor & the name/ acronym.
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Re: Re: Re: Re: Parasite to English translation:
I mean, how would they stop a parody from being made and circulated? That's what I mean by the illusion of control.
What if their opus ends up in the bargain box? The dollar store? Doesn't the fact that it's there declare that it's unpopular, therefore cheap, therefore "lacking in worth/value" as far as some people might be concerned? It's what some maximalists call the "currency" of the product. The fact is, you can't control what happens to your work even while you're alive. You can only ever have the illusion of control.
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Re: Re: Re: Re: Copyright is OUTDATED...
Secondly, assuming the original poster didn't mean that (in which case the idea of linking copyright term to "re-usage" of the copyright doesn't make much sense, but hey-ho), if not 3 years, what do you think is a fair term to be consistently paid for doing zero extra work? How long is it "fair" to be able to ignore normal market forces of competition to provide a service?
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Re: MORE amazing are the stories that miss you! -- Or you miss them.
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