San Francisco, 12:37 PM
Sat Dec 19
24 posts in the last 24 hours
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I think it helps to use the phrase "Arts and Crafts" to delineate what has happened here, and why.
Whatever is the product of 'Art' (I won't even attempt to define that, but there are plenty of possible definitions here [en.wiktionary.org] ), is protected by 'copyright' for 70 years (if it was considered to be sculpture, in this case).
Whatever is the product of 'Craft' (much 'easier' to define [en.wiktionary.org] ), "the skilled practice of a practical occupation", is protected by 'copyright' for 15 years.
What appears to have swung the judgement, is the fact that although Andrew Ainsworth was an 'industrial designer' when he was employed to produce the Stormtrooper helmet back in '76, he was not paid to exercise this 'art'.
Instead he was paid only for producing the product of this 'art', in the form of a rate of £20 a piece, for 50 helmets.
Because they didn't treat him as an 'artist' and pay him for his 'art', what they got wasn't art.
It was the 'product' of a 'craft'.
This is a colossal win for 'artists' of any sort, producing any sort of 'art' for pay.
If they don't treat you right (and pay you right) at the beginning, they don't get treated right (and payed right) at the end.
People seem to be missing the point. Who cares about the nitpickey bits of copyright law, this means they're going to make Stormtrooper costumes on the cheap! And without fear of the thunderous hand of Lucas crushing them!
What about clone trooper armor? Mandalorian? The bounds are endless!
this article minces a few words in its report. the stormtrooper from star wars was not deemed utilitarian. the stormtrooper replica helmets that an independent british man was making were deemed utilitarian and not art. the guy made the helmets for lucas and the star wars film, his props were used in the movies, and he retained the mold he made himself to spec from lucas. he already lost a case in california to the tune of 20 million. the ruling establishes the creation of props as a utilitarian adventure, however the usage of the image would still fall under 'art' as defined by british law. it's a little hairy but it's as if the court ruled the the man isn't breaking the law by creating and selling the helmets but anyone that buys them would have to be really careful how they used them to avoid breaking it.
While I think that the post-Millennium Act (or whatever it's called) went too far in protecting copyrights, I completely disagree with this court's ruling. What if, instead of live action movies, Lucas made animated films or a series of comic books using Ralph McQuarrie's original designs as the basis for his Stormtroopers? Would it be considered art then? McQ's design here: [www.originalprop.com]
Anyhow, not the first court ruling I've disagreed with, and I'm sure it won't be the last.
I'm pretty sure this only applies to the look/design. So, you couldn't have a Meet the Stormtroopers show based in the Star Wars universe ... you could simply have a character that is dressed as a Stormtrooper, but the first time you begin to riff off of the still copyrighted movies/books/comics/etc, you're at risk.
If you are a villian who has a ancestry of family villians and the old family nemesis resurfaces, do not follow Singh's choice. Just kill him then and there.
@geesejuggler: No, no, no. Clearly you have no idea how to be a supervillain. You must take time to explain your entire diabolical plan so that he can stop it, leave him to die in some elaborate way and then conveniently leave the room, and include an obvious self-destruct mechanism on your DoomRay.
Looks to me like Fringe is being set up for cancellation. "Early Hiatus," padding the schedule with previously unaired episodes (which pretty much has to be a monster o' the week or MoTW (tm)) and on FOX. I'm not the biggest fan but I like it. These are not good signs.
@icy_one: I for one do not understand the love for Fringe. It seems to be an Abrams corollary of the Whedon-love that so permeates this esteemed forum. I tried to like Fringe, I read the spoilers and it seems interesting, but when I watch the show, it seems so formulaic and not even a good formula at that. None of the characters are likable, half of the actors aren't believable; the production values are the only redeeming quality.
@RonaldusMagnus: Eh, that's not really true. The characters/actors are great, with the exception of Torv. However, the serial writing is possibly the worst example of continuity I've ever witnessed. I'd gladly watch Walter bumble around if I didn't feel so compelled to understand why the writers retcon the plot every week.
@icy_one: I disagree. I had originally discounted the show until someone explained the "universes in conflict" concept. I found that intriguing, so I gave it a chance and started to quite enjoy it.
I must also disagree about Heroes. It should have been cancelled after season 1.
@Briareosdx: The problem I have is pretty simple. The premiere of Season 2 does not match the finale of Season 1. The producers seem to be aware of the mix up but refuse to admit it, instead providing excuses. I could understand a week over week "oops we were so rushed we missed that" but not a "we had 6 months to get it right and still messed up." Just sloppy writing, not to be rewarded with my viewership.
@Dr Emilio Lizardo: This kind of scheduling seems to be happening more and more since Fox started doing it with American Idol -- all of the networks now seem to suspend running series and run mid-season replacements, etc. until after Feb. sweeps.
This probably isn't much to worry about, which is not to say that Fringe might not be on the bubble otherwise..
I actually kind of hope that running one or two short seasons a year kind of becomes the norm, much like BBC does, and USA, SyFy, etc.
09:33 AM
Whatever is the product of 'Art' (I won't even attempt to define that, but there are plenty of possible definitions here [en.wiktionary.org] ), is protected by 'copyright' for 70 years (if it was considered to be sculpture, in this case).
Whatever is the product of 'Craft' (much 'easier' to define [en.wiktionary.org] ), "the skilled practice of a practical occupation", is protected by 'copyright' for 15 years.
What appears to have swung the judgement, is the fact that although Andrew Ainsworth was an 'industrial designer' when he was employed to produce the Stormtrooper helmet back in '76, he was not paid to exercise this 'art'.
Instead he was paid only for producing the product of this 'art', in the form of a rate of £20 a piece, for 50 helmets.
Because they didn't treat him as an 'artist' and pay him for his 'art', what they got wasn't art.
It was the 'product' of a 'craft'.
This is a colossal win for 'artists' of any sort, producing any sort of 'art' for pay.
If they don't treat you right (and pay you right) at the beginning, they don't get treated right (and payed right) at the end.
FTW!
10:53 AM
09:06 AM
What about clone trooper armor? Mandalorian? The bounds are endless!
08:54 AM
07:45 AM
Anyhow, not the first court ruling I've disagreed with, and I'm sure it won't be the last.
07:41 AM
07:30 AM
12/18/09
12/18/09
12/18/09
12/18/09
Oh, and sharks, with frickin laser beams.
12/18/09
12/18/09
12/18/09
12/18/09
Good interview with David Tennant, though. I am really going to miss him as the Doctor.
12/18/09
Ben, Jin, Sun... Eko?
Also, David Tennant using the word Chutzpa = fantastic!
12/18/09
12/18/09
12/18/09
12/18/09
12/18/09
I must also disagree about Heroes. It should have been cancelled after season 1.
12/18/09
12/18/09
This probably isn't much to worry about, which is not to say that Fringe might not be on the bubble otherwise..
I actually kind of hope that running one or two short seasons a year kind of becomes the norm, much like BBC does, and USA, SyFy, etc.
12/18/09
...don't judge me....
12/18/09
12/18/09
...why, what were they thinking?