Re:Sherlock Holmes will finally escape copyright this weekend
by Sunspark on Wednesday December 28, 2022 @04:05PM
(#34165946)
Out of curiosity, how clear does it need to be presented to the viewer that this is not a Disney production? Does it need to be written out at the beginning "The characters depicted here are entirely fictional and are not from the Disney corporation"? Or can it be at the end credits? Is it sufficient to expect that a viewer seeing the Warner Brothers animation and music at the beginning would know it's not Disney, or does it require more?
Re:Sherlock Holmes will finally escape copyright this weekend
by IshKebab on Wednesday December 28, 2022 @04:21PM
(#34166133)
As far as I know you can't get out of it by saying "this definitely isn't a Disney product", no matter how clearly.
Re:Sherlock Holmes will finally escape copyright this weekend
by sithlord on Wednesday December 28, 2022 @05:58PM
(#34167175)
They try and defend that thing crazy too, I believe deamau5 got in quite the legal battle with his mouse helmet.
Re:Sherlock Holmes will finally escape copyright this weekend
by jccooper on Wednesday December 28, 2022 @10:35PM
(#34169178)
Good enough to convince a jury. Which is an unfortunate criteria, but so.
Re:Sherlock Holmes will finally escape copyright this weekend
by robswc on Wednesday December 28, 2022 @06:08PM
(#34167269)
Would you be allowed to sell and distribute the original Disney cartoons? Just can't create any new stuff? (at least on a rolling X years basis?)
Re:Sherlock Holmes will finally escape copyright this weekend
by kibwen on Wednesday December 28, 2022 @08:56PM
(#34168566)
Yes (assuming no further bullshit from Disney), in 2024 you would be legally allowed to sell a verbatim copy of the original Steamboat Willie animation, including any bits where it says "this animation was made by Disney" (because that's just factually true). But if you remixed Steamboat Willie into something different, you wouldn't be legally allowed to even remotely suggest that your remix was made by Disney.
Re:Sherlock Holmes will finally escape copyright this weekend
by robswc on Thursday December 29, 2022 @07:34PM
(#34180085)
That's wild to me... but I guess if it all checks out legally.
I think its only blows my mind because of how hard Disney protects against that sort of thing. I guess they just can't fight it anymore tho.
Here is where it gets tricky: Disney also holds trademarks on its characters, including the “Steamboat Willie” version of Mickey Mouse, and trademarks never expire as long as companies keep submitting the proper paperwork. A copyright covers a specific creation (unauthorized copying), but trademarks are designed to protect against consumer confusion — to provide consumers assurance about the source and quality of a creation.
Boiled down, any public domain use of the original Mickey cannot be perceived as coming from Disney, Ms. Ginsburg explained.
Source: https://web.archive.org/web/20221227170631/https://www.nytim...