Tag Archives: copyright

Copyright and the Hugo Awards, A Perfect Example the System is Broken

Posted on by

Sunday night was supposed to be a celebration of ideas and entertainment with the Hugo Awards broadcast live for all to see on UStream. Instead, the celebration turned into a prefect example of the broken copyright enforcement system and why no new laws need to be enacted until policing the current ones are worked out.

After showing clips from shows such as Doctor Who and Community and right in the middle of the acceptance speech by writer Neil Gaiman, the live stream was cut off.  Instead it was replace with this.

We followed up with those who put on the Hugo Awards as well as Ustream, so far only one got back to us as to what happened. Chicon 7, who put on the awards, “did have permission to show the clips that they did, as have all recent Worldcons.”

To the best of their knowledge, a UStream ‘bot pulled the plug; it was not a complaint from a specific entity, but instead an automated system.  The awards organizers are investigating the matter and will have more to say eventually; however, anything more than that bit of information would be speculative right now.

What folks are guessing is that the take down was due to pre-programmed ‘bots from UStream that look for copyright violations, and unfortunately don’t understand nuances like Fair Use, which these clips would likely fall under even without permission. So far UStream hasn’t responded and four threads remain open on their website of the complaints.

Having “found” UStream soon after it’s launch and being one who really got it noticed in the political realm (I worked for Chris Dodd at the time and we were the first to employ the service), it’s unfortunate to see the service not more responsive, even with a “we messed up.” The tech companies aren’t like this, but with millions of pieces of content being uploaded and created daily, it’s a deluge their up against. With so much to currently police, many are overly strict, which this is an example of. Better to be that than dragged in court.

But, it’s an example that the system doesn’t currently work. There are massive issues that need to be solved before new laws are enacted. So many at that awards show backed legislation like PIPA and SOPA, but in this case, the laws already on the book bit them in the ass.

We’ll wait to see what else comes of this, but until simple things like this are solved, it’s a perfect example why new laws don’t need to be enacted, the current ones need to be better enforced to punish real criminals instead of ruining a night of celebration.

Breaking News! Hugo Awards Live Stream Shut Down Due to Copyright Infringement

Posted on by

The Hugo Awards this evening were streaming live on Ustream showing off the best in sci-fi entertainment, when the stream was suddenly shut down. The page the awards were streaming on states this was due to copyright infringement. Clips from shows were being broadcast during the awards ceremony.

This is just the latest example of DMCA take downs being thrown about too loosely and why this site will stand against giving the entertainment industry any more power when it comes to enforcing copyright protection. They clearly can’t handle what they currently have.

We’ll be following up to see if we can find out who made the infringement claim.

Around the Tubes

Posted on by

The weekend is almost here, what’s everyone doing?

Around the Blogs:

Comics Alliance – RIP ‘Static’ Writer Robert L. Washington III – And another one passes.

Robot 6 – Archie Comics executives settle bitter, bizarre legal battle – I want a comic about this!

Bleeding Cool – “Neil Gaiman Gloating Over Stealing From Todd McFarlane” – Interesting conversation.

IGN – Iron Man 3 Photos Hint at Next Major Supervillain – This could be cool or a fun Easter egg.

 

Around the Tubes Reviews:

CBR – Earth 2 #2

The Beat – Earth 2 #2

CBR – Swamp Thing #10

Stan Lee on Creator Rights

Posted on by

Stan Lee‘s interview with Grantland has been making the rounds, and this exchange about creator rights was pretty interesting….

“I’ve never been one of these people who worries about [that]. I should have been. I’d be wealthy now, if I had been. I always felt the publisher was the guy investing all his money, and I was working for the publisher, and whatever I did belonged to him. That was the way it was. And I was always treated well, I got a good salary. I was not a businessman. Now, a guy like Bob Kane, who did Batman — the minute he did Batman, he said, ‘I wanna own it,’ and signed a contract with DC. So he became reasonably wealthy. He was the only one who was smart enough to do that. Did you read that the check that Siegel and Shuster got for Superman — I think it was four hundred dollars, or two hundred dollars — just sold at auction for $140,000?”

I murmur something what-a-world/you-never-know-ish. Then I ask him if he feels, in general, that the comic-book industry has been fair to comic-book creators.

“I don’t know,” Stan says. “I haven’t had reason to think about it that much.” Five-second pause. “I think, if somebody creates something, and it becomes highly successful, whoever is reaping the rewards should let the person [who] created it share in it, certainly. But so much of it is — it goes beyond creating. A lot of people put something together, and nobody really knows who created it, they’re just working on it, y’know? But little by little, the artists and the writers now are a different breed than they were, and most of them, if they create anything new, they insist that they be part owners of it. Because they know what happened to Siegel and Shuster, and to me, and to people like that. I don’t think it’s a problem anymore. They make much more money than they used to make, when I was there. Proportionately.

“Everybody thought that I was the only one that was getting paid off, but I never received any royalties from the characters. I made a good living, because I was the editor, the art director, and the head writer. So I got a nice salary. That was all I got. I was a salaried guy. But it was a good salary. And I was happy.”

 

Around the Tubes

Posted on by

New comic day is tomorrow, what’s everyone getting?

Around the Blogs:

Bleeding Cool – Did You Create Something On 20th November 2009? You Could Be In Breach Of Twilight Trademark – So weird. People should be able to sue for false take down notices.

Bleeding Cool – Viva Piracy!” Says A Stumped Mark Waid At WonderCon – The headline is a bit sensationalist, but there’s great comic book trivia in here.

PunkNews – Epitaph Records to launch comic distribution company – Very nice.  Look forward to see what comes of this.

Bleeding Cool – Ten Months In Jail For Stealing A Comic Book – I’ll keep my jail jokes to myself.

The Mary Sue – The Wonderful Costumes Of WonderCon – Some great costumes. I’m always impressed at the effort people put in.

 

Around the Tubes Reviews:

CBR – Scarlet Spider #3

CBR – X-Men: Season One

Around the Tubes

Posted on by

It’s a long weekend!  So I’m not expecting a lot of news to hit the web, but here’s everything from Sunday.

Around the Blogs:

Bleeding Cool – Sean Gordon Murphy On The ABC Of Dealing With Marvel’s Lawyers – I expect a lot more of this coming.

Inside Costa Rica – First Comic Book Store In Costa Rica Opens – Congrats!

Bleeding Cool – Mark Millar Gives Schedule For Kick-Ass 2, American Jesus And Superior Films – Very interested in seeing how these play out for audiences.

Kirkman Responds To Lawsuit

Posted on by

Things aren’t quite settled in the world of The Walking Dead.  Robert Kirkman has responded to the lawsuit against him by Tony Moore over rights.  Kirkman had this to say to the Hollywood Reporter:

The lawsuit is ridiculous, we each had legal representation seven years ago and now he is violating the same contract he initiated and approved and he wants to misrepresent the fees he was paid and continues to be paid for the work he was hired to do. Tony regularly receives payment for the work he did as penciler, inker and for gray tones on the first six issues of The Walking Dead comic series and he receives royalties for the TV show, to assert otherwise is simply incorrect.

 

Tony Moore vs. Robert Kirkman Over The Walking Dead

Posted on by

Walking Dead CastIt’s been a hell of a week when it comes to creator rights.  Marvel continues to fight with the Kirby estate which lead to talks of boycotts, Marvel won it’s fight against Gary Friedrich over Ghost Rider, DC decided to do Before Watchmen, then there’s the Alex De Campi/Jimmy Broxton/James Hodgkins fiasco and so much more.

Now, Tony Moore is suing Robert Kirkman over The Walking Dead.  According to The Hollywood Reporter which broke the story:

Moore says he was duped into assigning his interest in the material over to Kirkman, who has since gone on to fame and fortune. Moore, on the other hand, has received very little compensation and has not be able to access profit statements from properties including Walking Dead, he says.

In 2005, Moore signed over his rights to Kirkman’s company for 60 percent of “Comic Publishing Net Proceeds” in connection with Walking Dead and another project called Brit; 20 percent of “motion picture net proceeds” in connection with Walking Dead and Brit; and 50 percent of “motion picture net proceeds” from another project called Battle Pope.  But according to Moore, he he hasn’t received much revenue nor any profit statements.

But, things get stranger from there:

Moore claims he was told in 2005 by Kirkman that a big TV deal was on the table but “that Kirkman would not be able to complete the deal unless [Moore] assigned all of his interest in the Walking Dead and other works to Kirkman,” according to the complaint. Thinking the deal would fall apart, Moore signed the contract, he says, allowing Kirkman to “swindle” him out of his 50 percent interest in the copyright and never intending to pay him his share of royalties.

Moore and Kirkman launched The Walking Dead comic in 2003, with Moore drawing the first six issues.  The interior art duties have since moved to current artist Charlie Adlard.

Here’s the actual complaint via Deadline.com.

Marvel, Ghost Rider and Their Tone Deaf Attitude

Posted on by

It’s been a hell of a week when it comes to creator rights and shit hitting the fan online.  What started the storm was the lawsuit by Gary Friedrich against Marvel over his credits and rights to Ghost Rider.  Not surprisingly, Friedrich lost the case, but it wasn’t his loss that cause the shitstorm, it’s the decision that Friedrich now owes Marvel $17,000 according to a decision involving a counter-suit by Marvel.  They 68 year old Friedrich doesn’t have that type of money, showing how poorly creators are paid, no matter how iconic and popular their creations.  This was all on the heels of Marvel’s fight with the Kirby estate.  Things were ready to explode.

First up is the idiocy of the counter-suit.  Basically, Marvel is suing Friedrich for selling drawings he did of Ghost Rider at shows.  This is a common practice and usually you can get most artists to draw most characters.  It’s an unwritten rule that companies allow this to happen as it’s good promotion for them, generates good will within the community and as a whole is a bit difficult to police.  Well, Marvel just took a dump on that.

Now, all creators need to think twice about what they draw for fans, who knows how many years down the road they may be sued and asked for that money gained.  Not to mention the massive amount of unauthorized art on sites like DeviantArt and Etsy.  Really, I’m shocked Marvel was rewarded any monetary amount concerning they haven’t enforced their intellectual property anywhere similar and have gained WAY more than they might have lost.

Congrats Marvel for ruining the fun.  What’s more disturbing is Marvel’s very apparent shift publicly and their pissing on fandom.  The Kirby fight is over tens of millions of dollars, I get that, but there’s an amicable solution out there for all parties.  This lawsuit with Friedrich is just kicking a man when he’s down.  Marvel won, leave the man be now.  Allow him to call himself grandpooba if he wants, as long as he doesn’t license items, create toys, whatever, he should be allowed to draw whatever he’d like.  This is the way it’s been done for everyone else and should continue to be so.  On top of that Marvel and their parent company Disney supported the Stop Online Piracy Act and Protect IP Act.  Both are very anti-consumer and fans.  That legislation took the might of hundreds of websites to defeat and luckily we did.

https://twitter.com/#!/TheBDAG/status/168144924850655232

But what can we do?  Talks of boycotts abound and as they continue to trample on fandom and creativity as a whole.  My enthusiasm to support them has been diminished and this is from a Marvel fanboy and I’m less inclined to give them my dollars and devote my time to promote their products.  Vote with your dollars and support creator friendly companies and indie comics.

But even more disturbing is their lack of response to all of the furor.  There’s nothing.  No interviews, no comments, no acts to show they care.  Instead we get silence.  It’s a court case and many times you can’t, but that doesn’t limit them from engaging the community as a whole.  Marvel comics has a black eye and they need to address this before things really gain steam.

What can do is SUPPORT GARY FRIEDRICH!

Steve Niles has set up a PayPal account where you can chip in what you can to help Friedrich with his debt.  I know it’s difficult financially for so many, but $5 goes a long way if enough of us give.  So skip the $10 you were going to spend seeing a Marvel movie this summer, instead give it to Friedrich in protest.

Gary Friedrich went to Facebook to give his thoughts on the subject:

Since the various news agencies and websites have reported the ruling against me on my claims against Marvel in the Ghost Rider lawsuit, and the assesment of a $17,000 judgment against me and my company instead, I have read an amazing amount of comments in my support on the internet, and have received many messages of support directly. Although the reports of my employment situation and financial difficulties as well as problems with my health are unfortunately true, I want to let everyone in the comic book world, especially my supporters and fans of the Ghost Rider character which I invented, created, and wrote, that I am going to appeal the Court’s ruling and continue to fight this as long as I am able and that your support of me means more than you will ever know. I have heard your voices. I thank you with alll my heart, and I appreciate your thoughts and best wishes as I soldier on.

It’s sad that it’s gone this far and a multi-million dollar company thinks it seriously needs $17,000 from a man they’ve shown little gratitude towards for making them millions.

Uncategorized
« Older Entries Recent Entries »