That may be so. It's troubling that the court doesn't realize this is (probably) a pretty standard Photoshop job, the draft of which could have been banged out in an afternoon by a talented user. If they had known how easy (probably) the illustrations were to make, they might have decided another way.From the article:
Seems well reasoned to me. The text of the book primarily borrowed the style of Dr. Seuss' books rather than the actual words, and the illustrations, while having similarity in their broad layout, mostly contained depictions of Star Trek rather than characters and settings specific to Dr. Seuss. It's consistent with how Apple couldn't prevail on "look and feel" lawsuit against Microsoft. It would seem to me that CBS always had a much better chance of prevailing in a copyright lawsuit like this than Dr. Seuss Enterprises.
Exactly why I felt it was a horrible ruling. Did the judge not look at the two side-by-side?It's so literally a copy, almost pose for pose, and executed in a style basically easily mistaken for Seuss, that it's difficult to see how one could not realize it's barely transformative at all.
Really?? It almost looked like they hired Dr. Seuss's own illustrator to do the artwork.I think the key here is that Gerrold's book is not easily confused with an actual Dr. Seuss work.
When it comes to copyright law, what the bleep does it matter how many copies were sold??Combine that with the fact that it won't likely sell more than an initial printing, if that many.
This. So true. Look at some of the mystifying rulings in music copyright cases. Two song that are so close they could have been written by the same person: no violation. Next case, two song so different 999 out of 1000 musicians can't find anything similar: infringement.It really depends on the judge.
I'm lucky that I have stage-trained actors who can play an entire 4 minute scene without cutting. That's a luxury a lot of fanfilm makers don't have. For the unproduced "The Atlantis Invaders" for Starship Exeter I deliberately wrote the big romance scene so it could be played mostly visually with very very little dialog, uncertain as I was that those playing the parts could pull off romantic banter.For me, scripting dialogue and concept of story is two different things yet one without the other equals zero.
With fan films it's important to know who you're writing for. You can write more lengthy line for a William Searcy, Tom Hagale, Mark Homes, Jeff Green because they can deliver them. Others you need to keep your writing style short and to the point. It's a big contrast from writing for British theatrical actors.
The guidelines say you can no longer register and make a fan film out of it. I'm just not sure what protections are left for the writers.
number nine on the "We might not sue you if" list.The exact same protections there were years ago. I'm not sure what you're talking about, to be honest.
In fact, one could argue there are MORE protections now... copyright last much longer than it did 50 years ago.
number nine on the "We might not sue you if" list.
seems pretty clear to me.
"Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law."
Please read it again.WGA script registration is neither copyright nor trademark registration.
Love Ya Dr Zoom,Sigh. They might sue you because you are violating COPYRIGHT. THEIR COPYRIGHT.
Like YOU could sue them if THEY violated YOUR copyright.
They are taking advantage of the SAME protections YOU are afforded.
No protections have suddenly gone away. They are all there. In fact, because AP didn't succeed, copyright continues to be strong.
I read and understood it the first time. It says four things:Please read it again.
Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law.
Perhaps story telling is such a small and unimportant part of a film, who cares?
And..... if I see another stuffed with narrative dialogue, I doubt I do either.
Love Ya Dr Zoom,
Wish we could get together someday so we could sort out the error of my thinking.
I get all of that.The error of your thinking is simple: you play with someone else's IP you don't get to turn around and claim it as your own. Play with someone else's IP you play at your OWN risk.
And, I get it, it's fun to play in a universe as rich as Star Trek's. I loved the old FASA role playing game. But, it's not yours to copyright. Copyright is ownership, copyright is about protecting a unique creation. Fan films, fan fiction don't fall into that--they are all of poisoned fruit.
Personally, and I've said it before, I don't know why people who want to be writers and directors spend time and money working on something they can't own. But, that's me.
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