There are 18 messages totalling 868 lines in this issue. Topics in this special issue: 1. bootleg tapes & more (11) 2. Alphabetti Spaghetti (2) 3. New Highlander DVD (2) 4. copyrighting characters (was bootleg tapes & more) (3) ---------------------------------------------------------------------- Date: Thu, 26 Jul 2001 13:53:19 +0100 From: "John Mosby (B)" <a.j.mosby@btinternet.com> Subject: Re: bootleg tapes & more Carmel Only thing I would point out (before Nina does), is that I don't think that an article about a copyrighted subject is the same thing as a work of fiction based on one. Unless there's huge amounts of text copied, I think a work of any length which makes comment on another comes under the 'fair use/comment' law. That's why I could write an Unauthorised Episode Guide to Highlander (based on the series copyrighted/trademarked by Davis Panzer) and have it published perfectly legally, so long as copyrighted material such as logos and photos aren't included without permission. Interestingly, the 'guide book' is a situation where you COULD (if so inclined) argue a moral case not to write such an UNAUTHORISED work , but I would be utterly entitled to without fear of legal prosecution) Interesting. I hadn't thought about that before. It raises a side-road this discussion has yet to tackle. I'd genuinely like to hear what the List and Nina in particular feel in relation to that prospect as it falls between the two camps of opinion/legal thoughts at the moment I know that wasn't the main point you were making and, yes, I would agree that writing about something factually can be just as rewarding/ hard work / time and energy consuming as writing new fiction. I certainly wouldn't dispute that many fanfic writers put in just as much time and effort as I would for an article or feature and this demonstrates just as much passion for Highlander as I do. John Energizer Punny. PS) Spawn of Satan???? Dang, you never told me you were a Spice Girl. ------------------------------ Date: Thu, 26 Jul 2001 23:48:57 +1000 From: Carmel Macpherson <Carmel@stuartfieldhouse.com> Subject: Re: bootleg tapes & more HI all John said: <<..Only thing I would point out (before Nina does), is that I don't think that an article about a copyrighted subject is the same thing as a work of fiction based on one. Unless there's huge amounts of text copied, I think a work of any length which makes comment on another comes under the 'fair use/comment' law. ...>> Yep - I know - I have no problem with that at all and never thought of her commentaries as infringing copyright. I was more interested in the seeming hypocrisy whereby fanfic writers are castigated for expending so much energy on writing about another's creation. That is what doesn't make sense to me in Nina expending so much energy writing about Highlander in the episode commentaries when by her own terms she could be using all that energy writing about something original?? Thus, it isn't a copyright issue for me. It's one to do with seeming hypocrisy. She also has made a lot of fanfic writers (and any infringers of copyright) benefiting in any way off the original creative work of others - which is why I'd like to know where she draws the line on this? Where does hypocrisy stop and start? I could at least understand Nina's argument when it was simply about copyright. What I don't understand is the outrage about wasting energy stealing the original work of the creators of the Highlander universe. I could understand the outrage if it was solely about fanfic writers in some way taking money off D-P. They don't. But there are other people who can *legally* make money off Highlander and D-P, by, for example, getting paid to write an article or episode reviews. ***Note that I am not at all saying that there is anything in the slightest wrong with this - legally or ethically.**** I'm saying that I can't reconcile the moral outrage on Nina's part which seems to be prejudiced towards fanfic and fanfic writers alone??? Why is it that Fanfic writers waste their time and energy by writing fanfic based on Highlander but professional writers (journalists/essayists) and published novelists do not waste their time or energy? The Highlander novels no doubt had a particular % of profits going to D-P - but are the authors to be condemned because they are not spending their time writing something original?? What of Script writers??? Let me see if I can summarise: *IF* we should: 1. expend our energy on creating only original works 2. never seek to deflect $$ from the originators of the original work then this should surely apply equally to all - not just fanfic writers. The fact that certain *users* of the creative ideas of D-P have a legal right to use the material is not relevant, in the context of the argument that Nina has put. Kind regards Carmel (mind you, I think that it would make for a very very boring world - but that's just me). ------------------------------ Date: Thu, 26 Jul 2001 16:22:12 +0200 From: Marina Bailey <fdd-tmar@netactive.co.za> Subject: Re: Alphabetti Spaghetti John wrote: >What happens if C, D, E, F and G want to talk about X, Y and Z? This reminds me of that scene in "Good Morning, Vietnam": "If the VP is such a VIP, then we'd better put the PC on the QT, because it it leaks to be VC he could end up an MIA and then we'd all be put on KP." I like how we've gone from talking about people to not using names. Luckily, most of us can figure out who has been referred to. - Marina. \\ "You've heard it said that living well is ||>>>>>>>>>>>>>>> // // the best revenge? Au contraire - living || R I C H I E >> \\ \\ forever is the best revenge." - LaCroix ||>>>>>>>>>>>>>>> // //===Marina Bailey==fdd-tmar@netactive.co.za===|| \\ \\============Chief Flag Waver and Defender of Richie=============// "Until I was 15 I thought my mother sewed my name in my clothes. I thought my name was Woolworths." ------------------------------ Date: Thu, 26 Jul 2001 16:22:14 +0200 From: Marina Bailey <fdd-tmar@netactive.co.za> Subject: Re: bootleg tapes & more Carmel wrote: >p.p.s. What I always hated about Mako was precisely this black and white >approach to the law. Was justice done in any way, shape or form by the >deaths of the young boy in the flashback (Tim Ramsay) or Laura in the >present? Since they broke the 'law' (obviously not as serious as violating copyright for characters that don't even exist), I'm sure Nina will totally agree that they should have died. I bet there were even sounds of applause. I personally applauded when Richie whacked Mako, but each to their own. (Well, I confess.) (The applause was really only because Richie got to whack *someone*.) (He was due.) - Marina. \\ "You've heard it said that living well is ||>>>>>>>>>>>>>>> // // the best revenge? Au contraire - living || R I C H I E >> \\ \\ forever is the best revenge." - LaCroix ||>>>>>>>>>>>>>>> // //===Marina Bailey==fdd-tmar@netactive.co.za===|| \\ \\============Chief Flag Waver and Defender of Richie=============// "Until I was 15 I thought my mother sewed my name in my clothes. I thought my name was Woolworths." ------------------------------ Date: Thu, 26 Jul 2001 07:51:53 -0700 From: Lynn <lloschin@sprynet.com> Subject: Re: bootleg tapes & more I said: >>TPTB upset about fanfic? Feeling stolen from, creatively raped and morally outraged? I suppose it's possible, but I see no evidence that's actually the case, in media fandom anyway. >> Nina: <<..Well, too bad Reunion disallows questions about fanfic, so people > can't ask & find out what HL's PTB really think. So, I guess you & I will both just > continue to speculate...>> When you run a convention, you're certainly welcome to tailor whatever guidelines you see fit, based on your many years of experience as a convention staff member and attendee. If you choose to allow questions you know will be unwelcome by some of the guests to satisfy your own curiousity... well, you can certainly go ahead and do that, if you want. And I don't need to speculate a bit. I can't believe that if HL's producers felt stolen from, creatively raped and/or morally outraged that they would invite fans to post fanfic on their official web site. Lynn ------------------------------ Date: Thu, 26 Jul 2001 22:51:55 +0800 From: Gerry Alanguilan <gerry@alanguilan.com> Subject: New Highlander DVD It looks like Anchor Bay is going to be releasing Highlander once again... From their site... http://www.anchorbayentertainment.com/future/ Highlander - (THX, cc) Early/Mid 2002 Highlander: Limited Edition Early/Mid 2002 http://www.widescreenreview.com/moviefind/anch060101.html The new release is said to have a new DTS ES 6.1 audio track. It's too early tell what other features it will have, but I hope they really do work on the picture itself. The print they used on the Director's Cut isn't really very good. At any rate, whatever they come up with, I'm very excited to see what it is... Gerry ------------------------------ Date: Thu, 26 Jul 2001 07:57:08 -0700 From: Lynn <lloschin@sprynet.com> Subject: Re: bootleg tapes & more Bridget: > > And ultimately, when the HL TPTB's copyrights on all this stuff > > expire, anyone that wants to will be able to write in the universe > > that TPTB created (really, that Greg Widen created and TPTB sort of > > expanded on ... or messed up, depending upon one's point of view). > > So copyright is not a matter so much of morality, but one of time. > > In 2060, all HL fanfic will be completely legitimate and one will > > even be able to legally sell it and make money from it. > > (1985+75=2060). John: > Actually, I'm guessing that's wrong. Will one of the lawyer-types confirm > that it's perfectly possible to extend a copyright if the said item is in > constant or regualr use and any time-frame might well only start after a > date the copyrighted item was last used? So, so far, it would be at least > 2076 before this would kick-in, probably much later as videos, merchandise > and announced future product are still active? No, it doesn't work that way. The original film's copyright starts running on the date of publication. The Gathering's starts in 1993. To Be/Not to Be starts in 1998 (97?) Endgame in 2000, etc. Then if they want they can argue if something created in the interim is really a derivative work of the original movie, a series epiosde, Endgame, whatever. If what you said is correct than all Disney would have to do to keep the copyright in "Steamboat Willie" (which would now be out of copyright if it hadn't been extended to 75 years) is to make a 5 minute sequel to it every 75 years, which has the potential to make copyright perpetual, which is unconstitutional under U.S. law. Copyrights (and patents) can only be "for a limited time." Lynn ------------------------------ Date: Thu, 26 Jul 2001 10:13:17 -0400 From: Gerry Alanguilan <timawa@laguna.net> Subject: New Highlander DVD It looks like Anchor Bay is going to be releasing Highlander once again... From their site... http://www.anchorbayentertainment.com/future/ Highlander - (THX, cc) Early/Mid 2002 Highlander: Limited Edition Early/Mid 2002 http://www.widescreenreview.com/moviefind/anch060101.html The new release is said to have a new DTS ES 6.1 audio track. It's too early tell what other features it will have, but I hope they really do work on the picture itself. The print they used on the Director's Cut isn't really very good. At any rate, whatever they come up with, I'm very excited to see what it is... Gerry ------------------------------ Date: Thu, 26 Jul 2001 11:44:49 -0400 From: jjswbt@earthlink.net Subject: Re: bootleg tapes & more << So..how does A know he has been insulted? He doesn't - unless he 1) >really *is* reading B or 2) sees the comment repeated or referred to in C's >post, or 3) someone sends it to A privately. >> Annie: >Er, perhaps because other people are quoting the message? Perhaps that's >the same reason why "A" might respond to something in a continuing discussion >that was originally brought up by "B"? Because it comes up in the >discussion from another source. So...when you were reading the three choices I gave above...did you totally skip #2? I know it was kind of complicated..I used letters and numbers mixed together but I thought #2 was pretty clear .It says that A (that would be you) sees B's comments (that would be Nina's) repeated or referred to by C (that would be Lynn, John, Leah, me, anyone else). And yes..that is what happens all the time. It's what makes ignoring someone so very hard. Comments get picked up and repeated. ..which brings me to the only point I was trying to make...that killfiles are pretty damn useless. Leah made a point of telling Carmel ( I think) on-list that the best thing to do with Nina was to killfile her. My question is and was - what good does it do to killfile someone if you continue to respond to what the killfiled person says? Because...*of course* you still see what they wrote for the very reason you mention - other people repeat the comments. Killfiling Nina may give you some personal satisfaction ("Take that!" ) but it doesn't solve your problem..you still end up reading everything Nina writes and you still end up responding.( And you certainly have a right to answer Nina..anytime anywhere.) What interests me (slightly) is..what was the point of mentioning that you (or Leah) killfile Nina? It can only be to somehow indicate that you have taken yourself out of, or above, the fray. It's saying "I am ignoring Nina with dignity". Which is great...except that you *aren't* ignoring Nina with dignity. And you don't have to - let me repeat..you are, as always, welcome to answer her or anyone else. But...don't hold up the killfile as some kind of fix-it-all. You have no moral obligation to ignore Nina or her comments...whether you killfile her or not. I don't remember suggesting you did. What I proposed what there are only so many ways that a killfile will actually work (if by working we mean you actually don't have to deal with Nina) Privately killfiling Nina and then responding to everything she says is a waste of a killfile..publicly *saying* that you killfile Nina and then responding to everything she writes is silly. Read what Nina writes. Don't read what Nina writes. Answer Nina. Don't answer Nina. But.don't proclaim that you've killfiled her and then go right on as if you hadn't. It looks hypocritical. Leah: >Why are you changing the issue from the conduct of "B" to the conduct of >"A"? Again, the answer is self-evident. You want "A" to be the one who exhibits >exemplary, passive behavior while "B" does whatever the hell "B" has a mind >to do, without consequence. When "A" has responded to "B" in over a year, I >think it's been more than proven who has a modicum of good control and >maturity in the interests of this list. Period. End of story. Nope. You got that totally wrong. I don't care if you *or* Nina exhibit exemplary behavior. You can claw each others cyber-eyes out if you like. The issue was..as I repeated above..killfiles. You can't change Nina's behavior..you can only change your own (Not that you have to). You don't have to respond to Nina if you don't want ..you can if you do. But saying that she is killfiled and then going on with the fight doesn't make sense. It's an attempt to gain the moral high ground when there isn't any. >And it also completely ignores the third option, which is that a list >administrator....administrates against an ongoing attempt to disrupt. And again I ask...are you saying that Debbie likes Nina better than she likes you? Debbie hasn't sanctioned Nina..I must suppose that means Debbie either feels that Nina's comments are within the bounds she has set for the past 7 years.or she feels that you are capable of returning Nina's comments in kind and are not in need of protection. If you don't like the way Debbie is running her List..I suggest you take it up with Debbie. Me: >>If you don't like Nina..fight with her or ignore her. Edit out her >potions of posts and respond to what is said by the remaining participants. >Ignoring someone can be very effective..but one has to *really* ignore them.<< Leah: >Once again, you feel the only person who doesn't have to mind is Nina. >Everyone else needs to accommodate her and behave civilly, but she is >exempt, is that it? I see. And yes, most others do, too. I'm saying (not that you're listening anymore) that Nina is who she is. You are who you are. I am who I am. Etc, etc, etc. Nina is not exempt from List rules...but as you may have noticed..*Debbie* doesn't apparently think Nina has gone too far and it is only *Debbie's* opinion who matters. When Debbie thinks Nina has stepped out of bounds, she will act. Until then..all you (all any of us) can do is answer or not answer as we chose. You can remain civil and thereby perhaps look "good" when compared to Nina, you can return fire in the same style as Nina...you can write to Debbie and complain..whatever you want. Leah: >And once more, I will be >the reasonable one and end this boring, off-topic. Go on and enjoy the last >word. :::pictures Leah turning and flouncing away:::::: Wendy(I guess she told *me*! <EFG>) Fairy Killer jjswbt@earthlink.net http://home.earthlink.net/~jjswbt/index.html ------------------------------ Date: Thu, 26 Jul 2001 15:50:49 +0000 From: Judy Ruiz <macaruin@hotmail.com> Subject: Re: bootleg tapes & more -*Disclaimer* And for the record, any spare ferrets even think of buffing MY flagpole...and they'll be turned into fanfic book covers, pronto. Humanely, natch. John * Snicker. Flagpole polishing is verboten? Or do you just have a thing against ferrets? MacaruinMcTrollwench http://www.geocities.com/ruiz4js/index.html PEACE-APFC Since light travels faster than sound, isn't that why some people appear bright until you hear them speak? _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp ------------------------------ Date: Thu, 26 Jul 2001 11:00:07 -0500 From: Bridget Mintz Testa <btesta@firstworld.net> Subject: Re: bootleg tapes & more Carmel wrote: > >I could at least understand Nina's argument when it was simply about >copyright. What I don't understand is the outrage about wasting energy >stealing the original work of the creators of the Highlander universe. I >could understand the outrage if it was solely about fanfic writers in some >way taking money off D-P. They don't. But there are other people who can >*legally* make money off Highlander and D-P, by, for example, getting paid >to write an article or episode reviews. And there are plenty of people who make money by interviewing anyone associated with the series or the movies and then writing articles about the interviews for magazines such as People or Us. As I said in my last post, and as I think Carmel's statements here agree, the whole issue of getting into someone else's universe to do new things to it isn't all that crisp. I mentioned interactive games, collaborative universe stories such as the "Thieves' World" books in science fiction. I've heard there are even interactive novels, although I personally haven't seen them. These all invite the reader/player to bring their own creativity and ideas into the original writer/game designer's universe. There have even been TV shows where the ending is dependent upon viewers' votes--although of course such a situation is usually limited to one of two endings, it still involves the viewers. Perhaps that's getting a bit distant from my original point, but I can easily see television series and movies getting more and more interactive all the time, especially as Web technology advances. Perhaps the day may even come when fans can actually participate in the creation of a work and influence it. (Maybe I wrote: >> And ultimately, when the HL TPTB's copyrights on all this stuff >> expire, anyone that wants to will be able to write in the universe >> that TPTB created (really, that Greg Widen created and TPTB sort of >> expanded on ... or messed up, depending upon one's point of view). >> So copyright is not a matter so much of morality, but one of time. >> In 2060, all HL fanfic will be completely legitimate and one will >> even be able to legally sell it and make money from it. >> (1985+75=2060). > >> Bridget Mintz Testa > And then John Mosby wrote: >Actually, I'm guessing that's wrong. Will one of the lawyer-types confirm >that it's perfectly possible to extend a copyright if the said item is in >constant or regualr use and any time-frame might well only start after a >date the copyrighted item was last used? So, so far, it would be at least >2076 before this would kick-in, probably much later as videos, merchandise >and announced future product are still active? > >John >Hoping that copyright is always a product of morality, NOT of time anyway. >:) It could certainly be that I have the expiration time wrong--I do get fuzzy on the details. But whether it's 50 years or 75 or whatever and whether or not those time periods can be somehow extended, copyright does expire, eventually, just as patents do. And then anyone can make use of it. Expired patents are the reasons we have generic drugs. Expired copyrights are the reason that anybody today could write a play based on Mark Twain or Bret Harte's works. John, from some sidebar comments you've made, I get the idea that you are in the UK, and copyright laws are different in the US and Europe (and may well vary throughout Europe, too--I don't know). There are some real benefits to European copyright law that US writers *don't* have and one of those is something called (if I remember correctly) a "moral" right to the work. I seem to recall, from some interesting copyright discussions held on some of the writers' groups I belong to, that European writers retain this "moral" right, and it could be that it never expires. There is no such thing in US law--if a writer sells all rights to his or her work, they have no say-so in what happens to it afterwards. That's why the original creator of "Superman," who, the story goes, got $50 for all his rights to the story, got sick whenever he saw the multi-million-grossing movies and the tremendous success of the comic books. All he ever got was $50, and that's all he'll ever get -- and that's a modern moral tale on the risks of selling all rights (which it's getting harder and harder not to do, since modern publishers' contracts not only ask for all rights in all existing media, but in any media yet-to-be-invented--and when they lose those rights, they get downright nasty, as witness the recent case of Tasini vs. the New York Times). Bridget Mintz Testa -- Bridget Mintz Testa btesta@firstworld.net ------------------------------ Date: Thu, 26 Jul 2001 11:12:53 -0500 From: Bridget Mintz Testa <btesta@firstworld.net> Subject: Re: bootleg tapes & more Explaining the ins and outs of copyright and its expiration, Lynn said: >No, it doesn't work that way. The original film's copyright starts >running on the date of publication. The Gathering's starts in 1993. >To Be/Not to Be starts in 1998 (97?) Endgame in 2000, etc. Then if >they want they can argue if something created in the interim is really >a derivative work of the original movie, a series epiosde, Endgame, >whatever. Referring to John Mosby's feeling that copyright didn't expire, Lynn wrote: >If what you said is correct than all Disney would have to do to keep >the copyright in "Steamboat Willie" (which would now be out of >copyright if it hadn't been extended to 75 years) is to make a 5 >minute sequel to it every 75 years, which has the potential to make >copyright perpetual, which is unconstitutional under U.S. law. >Copyrights (and patents) can only be "for a limited time." Thanks for the clarifications and definitions, Lynn! Julie Beamer previously corrected my confusion about losing copyright vs. losing trademarks, and it got me to wondering if failure to prosecute copyright infringement has any detrimental effect on the copyright-holder at all. Can either of you respond to that--such that if TPTB fail, over a period of years, to do anything about fanfic, would that in any way harm their ability to prosecute a fanfic writer for copyright infringement at some later point in time? If the fanfic writer could show that TPTB had tacitly allowed fanfic to be written for a long time, and thus tacitly allowed the infringement, would that have any bearing in a real case? Also, regarding the HL franchise, since "Highlander" came out in 1985, doesn't the original copyright start from there? Or is each individual media event--movie, series, series episode, etc., individually covered by copyright? Thanks again to Julie and Lynn for the clarifications and definitions--they help make the discussion much better! Bridget Mintz Testa -- Bridget Mintz Testa btesta@firstworld.net ------------------------------ Date: Thu, 26 Jul 2001 17:15:18 +0100 From: Jette Goldie <jette@blueyonder.co.uk> Subject: Re: Alphabetti Spaghetti > Okay. > > I'm lost. > > What happens if C, D, E, F and G want to talk about X, Y and Z? > > And is it O.K. if U.R. able to write write about someone as long as Ps and > Qs are minded? > > U R all YY for me. > > John > -talking out of his Rs. I got lost ages ago - I'm just skimming and replying to things that REALLY attract my attention now. And I really don't feel like fighting with a pit-bull - they are rather tenacious <g> Jette Glory may be fleeting, but obscurity is forever! bosslady@scotlandmail.com http://www.jette.pwp.blueyonder.co.uk/fanfic.html ------------------------------ Date: Thu, 26 Jul 2001 17:50:04 +0100 From: "John Mosby (B)" <a.j.mosby@btinternet.com> Subject: Re: bootleg tapes & more Polished flagpoles are wonderful if used under certain kinds of diplomatic relations. However, I prefer to have no thing against ferrets. :) John who thinks that if Macaruination isn't a word, it should be ----- Original Message ----- From: "Judy Ruiz" <macaruin@hotmail.com> To: <HIGHLA-L@LISTS.PSU.EDU> Sent: Thursday, July 26, 2001 4:50 PM Subject: Re: [HL] bootleg tapes & more > -*Disclaimer* > And for the record, any spare ferrets even think of buffing MY > flagpole...and they'll be turned into fanfic book covers, > pronto. > > Humanely, natch. > > John > > * > > Snicker. Flagpole polishing is verboten? Or do you just have a thing > against ferrets? > > MacaruinMcTrollwench > http://www.geocities.com/ruiz4js/index.html > PEACE-APFC > > Since light travels faster than sound, isn't that why some people appear > bright until you hear them speak? > > > _________________________________________________________________ > Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp ------------------------------ Date: Thu, 26 Jul 2001 12:14:48 -0500 From: Bridget Mintz Testa <btesta@firstworld.net> Subject: copyrighting characters (was bootleg tapes & more) Actually, I have another question for Lynn and/or Julie regarding copyright. I know that you can copyright cartoon/comic characters like Superman, Donald Duck, and the like, but are characters created for television shows, movies, etc., in the same category? Are Connor MacLeod, Duncan MacLeod, Amanda, Richie, et al, copyrighted? I've read that copyright for a work means, in the case of a book, copyrighting the specific arrangement of words in that book, and I would assume that for a movie, it's copyrighting the actual released movie (in whatever various formats in which it's released). But are the characters themselves copyrighted? Thanks in advance for clarification on this. Bridget Mintz Testa -- Bridget Mintz Testa btesta@firstworld.net ------------------------------ Date: Thu, 26 Jul 2001 10:24:44 -0700 From: Lynn <lloschin@sprynet.com> Subject: Re: bootleg tapes & more Bridget wrote: >Can either of you respond to that--such >that if TPTB fail, over a period of years, to do anything >about fanfic, would that in any way harm their ability to >prosecute a fanfic writer for copyright infringement at >some later point in time? I don't think so, and as I mentioned yesterday, this would be a bad argument for a fanfic writer to make, as it would create an enforcement obligation where none existed. Far from being a good thing for fanfic, it would be a bad thing if that were indeed the law -- then TPTB couldn't just look the other way in the future, they'd have to start cracking down like trademark holders do. I know of no copyright case that accepts such an argument, although a fanfic lawsuit would be quite different from your average copyright case. >If the fanfic writer could show that TPTB had tacitly ?>allowed fanfic to be written for a long time, and thus >tacitly allowed the >infringement, would that have any bearing in a real case? Well, again -- "written" and "distributed" are two vastly different things, and the fanfic writer would have a rather serious problem of proving TPTB's actual knowledge. Even if they could prove TPTB allowed fanfic to be distributed on their web site, for example, that's not the same thing as permitting distribution anywhere. TPTB could argue they offered an implied license for fanfic to be published there only, for example. At best, this would be an equitable defense that might have some bearing on the remedies that were awarded to the copyright owner, but the long-term negative effect of that argument -- creating an enforcement obligation -- would far outweigh any benefit for fanfic writers, IMO. >Also, regarding the HL franchise, since "Highlander" came >out in 1985, doesn't the original copyright start from >there? Or is each individual media event--movie, series, >series episode, etc., >individually covered by copyright? Each movie, episode, etc. is individually covered. You can't copyright "a universe" only the movies/episodes that make up that universe. That's why I said before that if a derivative work was created after the original film was out of copyright but before Endgame was, for instance, then they'd have to fight about whether it was a derivative work of the original or Endgame. >Thanks again to Julie and Lynn for the clarifications and >definitions--they help make the discussion much better! Always happy to help the author of my favorite Connor story :) I don't do IP work anymore so it's nice to keep the concepts fresh in my brain somehow. Lynn ------------------------------ Date: Thu, 26 Jul 2001 13:40:49 -0400 From: Dragon Lady <dragonlady@darkmage.net> Subject: Re: copyrighting characters (was bootleg tapes & more) At 7/26/01 01:14 PM, Bridget Mintz Testa wrote: >But are the characters themselves copyrighted? In most cases the characters are trademark protected. --DL ------------------------------ Date: Thu, 26 Jul 2001 11:00:17 -0700 From: Lynn <lloschin@sprynet.com> Subject: Re: copyrighting characters (was bootleg tapes & more) From: Bridget Mintz Testa <btesta@firstworld.net> >>Actually, I have another question for Lynn and/or Julie regarding copyright. I know that you can copyright cartoon/comic characters like Superman, Donald Duck, and the like, but are characters created for television shows, movies, etc., in the same category? Are Connor MacLeod, Duncan MacLeod, Amanda, Richie, et al, copyrighted? >> >>Thanks in advance for clarification on this.>> Sorry to say that the clarification I can offer is anything but clear. It's clear that you can't copyright a character's *name* -- I know that's not what you're asking, but I did want to distinguish that from the whole of the character -- their personality traits, their fictional "history", etc. This is far less clear. Scholars have differing viewpoints and the case law on this issue is quite old, unclear and not especially helpful. In Nichols v. Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930) Judge Learned Hand suggested that a well-developed character could be protected independent from the story. He wanted to distinguish a well-developed character from a "stock" character or archetype -- let's be honest -- remember all those cops in season 1 Seacouver episodes? Were they really much different from cops in a million other TV shows or movies? Or Randi, obnoxious, ambitious girl reporter? If such a general character type could be copyrighted, a lot of future TV shows/movies would have a problem (although personally I wouldn't cry many tears over it :) This seems to reflect the prevailing view among scholars -- well-developed characters can be protected, mere archetypes ("aging hooker with a heart of gold") cannot. The famous case with a different view involved Sam Spade in The Maltese Falcon: the court held that the character Sam Spade was merely a vehicle for telling the story, rather than an essential part of the story itself, and therefore Sam Spade as a fictional character could not be protected under the copyright law. Warner Bros. Pictures v. Columbia Broadcasting Sys., 216 F.2d 945 (9th Cir. 1954). Now a lot of people would take issue with the conclusion that Sam Spade was not an "essential" part of the story. This is usually called the "story being told" test -- if the character is an essential part of the story rather than merely a device for telling it, then they might be entitled to protection. How exactly you figure this out and the enormous subjectivity of it are very problematic. My law school copyright prof studies this area (she used to be an actress) and she does believe that fictional characters are copyrightable, but to amount to infringment, "substantial similarity must exist not between names or types of characters, but in the complex of characteristics that amount to creative expression." (Leslie A. Kurtz, Independent Lives of Fictional Characters, 1986 Wis. Law Rev. 429, 467.) So the answer I would give is a "probably" at least as it applies to the major characters like Duncan, Connor, Richie, etc., who were developed sufficiently to have many identifiable characteristics; as to Sargeant Powell or the ambitious blonde Paris police inspectors (there were a bunch of them, weren't there?) probably not. Whether this has any practical relevance is another question -- a copyright holder has the exclusive right to make derivative works, and fanfic is a derivative work. So even if the characters aren't independently copyrightable, fanfic is still a copyright violation as an unauthorized derivative work, unless a defense like fair use applies. Now if you really wanted to extract a non-copyrightable character like Inspector Whatshername from Prodigal Son, and write a story outside the HL universe about her that never mentions anything to do with HL and couldn't fairly be called a derivative work, well, maybe you could. Unless you told anybody "hey, this story's about the inspector from Prodigal Son" how the heck would anybody know? (And would they care? And why would you want to do this anyway? :) Anyway. There are also trademark and unfair competition issues surrounding the issues of rights to characters, but that's far more than any reasonable person would want to know. :) Lynn ------------------------------ End of HIGHLA-L Digest - 26 Jul 2001 - Special issue (#2001-221) ****************************************************************