9H05T
Offline
nitro2k01 wrote:
9H05T wrote:

disney changed copyright to keep their characters from going public domain.

Nope. They did keep some of the individual cartoons out of the public domain by lobbying for copyright extensions. The charactrers are trademarked however, and will continue to be protected as long as Disney are using the characters commercially, and renew the licenses.

Yes that is true, but I see this as a bastardization of trademark law as trade marks are named such because technically they only apply to marks (ie logos insignia and slogans used by a business and not a character design, for example MY CHARACTERS would only be protected by individual copyright but the title and logo would be protected by TM). In short the mickey ears and the castle should be covered, donald duck not so much.

also, sorry to be OT. I find the disney stuff fascinating. I'm not a troll just a guy with a daily life/job that sometimes makes me ANGRY and that comes off bad here sometimes. I gotta learn to STFU.

back on topic, I wonder how many c and ds disney gets as opposed to how many they send out. As they're worth a fortune they should have just paid anamanaguchi and used the real song.

Last edited by 9H05T (Sep 21, 2012 6:09 pm)

µB
Offline
A gray world of dread
akira^8GB wrote:

No, sorry, I work in the creative industry (this isn't an industry right here in chipmusic.org) for about 12 years now and this IS common, every day fare. You get it sold every day on varied channels. Is it right? I didn't say it was right. But it's a reality.

^This.

While I'm not in the biz, it's hard to NOT notice how common this is. It's in movie soundtracks, commercials, trailers, jingles, elevators..
If you want a list: Here. (Warning: TVTropes)

I don't like it either. It's like ripping off your song and adding insult to injury by changing just enough to make it hold up in court. Dick move.

boomlinde
Offline
Sweden
Jredd wrote:

It might be more of an issue if that app wasn't completely free to download. However, technically (and I could be wrong here) isn't this app free, and therefore making no profit?

Whatever their intentions were (and I'll remind you that as a publicly shared corporation, they have a legal obligation to maximize profit), copyright law AFAIK does not distinguish between derivatives that are free and derivatives that are making profit. In a very limited scope I can see how you think that this app isn't making any profit, much like you aren't directly paying to see advertisement posters or TV commercials.

Jredd wrote:

Also as someone else pointed out, how else would you expect a Disney Pixel app to sound if you wanted it to sound happy and be "popular with kids today"?

Dunno, maybe not like an awful ripoff of a song I've already heard.

Still, this can be used to further Anamanaguchi's popularity.

Yes, but there isn't a single reference to Anamanaguchi (?), and the ripoff is utterly awful. Can't say that I'm much of a fan of Anamanaguchi to begin with (no offense) but at least the original song doesn't make me want to jump off a bridge.

Think about it. "We are so well known that even Disney wants to sound like us, here's the proof."

Yeah, "Hey, this awful song was by us originally! TRUST US!!!" 200 twitter followers agree, the rest of the world couldn't care less.

That's a pretty big name to throw around. Even so, as others have pointed out if they can prove a point and get Disney to settle? These guys might be set for life. Just sayin'. If we look at the bigger picture here, there is a chance this could unintentionally be the best thing to happen to them.

If you disagree that a legal settlement isn't the best way to handle this kind of obvious rip-off, I really don't know what to say. The only reason anything good can ever come out of it is that the legal system is already quite fucked up when it comes to copyright. Most likely nothing good will come out of it, because these issues usually amount to what kind of money you can pay for legal protection.

Dr Treble
Offline
Orange County, CA
calmdownkidder wrote:
Dr Treble wrote:

I had no idea Kotaku community would be this lame.

Check out this guy, not realising anyone who regularly reads anything on the Gawker network is a complete and utter tosser.

Lol I guess that's what I get for sticking to mostly social media when I'm online.

µB
Offline
A gray world of dread

io9 is pretty ok, as long as you switch to blog view.

Who designs webpages these days anyways? Who thinks reading zig-zag is a good idea? And who let that same guy do the Facebook timeline? And how can we stop him from getting his fingers on twitter? Why am I stil talking? Is this thing on? Hello?

chunter
Offline
Brunswick, GA USA

[Politics]
This is more evidence that copyright laws must be reformed as they were designed to protect the weak from the strong, not the other way around.

Consider causes such as http://www.rootstrikers.org/

[/Politics]

akira^8GB
Offline
New York City
µB wrote:

While I'm not in the biz, it's hard to NOT notice how common this is. It's in movie soundtracks, commercials, trailers, jingles, elevators..

By the way, I read all of this "if Disney this, if Disney that"... This was more than probably outsourced in part or in full and not created in-house at Disney.
When you provide "creative" work like this, you sign off your client from any legal responsibility regarding the originality of the content provided. This always goes on your contract or rights waiver.
So even if you were following a brief you, as the maker of that piece and ultimately the "rip off", will be held legally responsible and not your client.

Last edited by akira^8GB (Sep 21, 2012 11:37 pm)

Edward Shallow
Offline
Scotland

Marty's at it again.

animalstyle
Offline
killadelphia

Yes - this is what companies do.  I don't care how the industry works.  It's  dumb and maybe they should change their corporate culture. I've worked in the music industry since I was 15.  There's a difference between appropriation (what good artists do) and plagiarism (what bad artists do) - and we should be telling these companies "NO." They tell you to say no if you're raped.  This is musical rape so stop flinging your arms in the air and giving up.

Last edited by animalstyle (Sep 22, 2012 12:20 pm)