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stories about: "warner brothers"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
movie rights, movies, watchmen

Companies:
dc comics, fox, warner brothers



Fox Tries To Kill Watchmen

from the thank-you-intellectual-property... dept

The movie version of DC Comics' Watchmen is getting a lot of hype these days, as the early buzz on the film is quite strong. But, you may not get to see it at all. That's because 20th Century Fox claims that it owns the rights to Watchmen, despite the fact that the movie was being made by competitor Warner Brothers. Fox had owned the movie rights to Watchmen decades ago, but was unable to make a movie out of it. However, the producer that Fox had originally signed to do the project eventually popped up at Warner Brothers with the project. Fox claims it still owns the rights and is suing Warner to stop the release of the movie entirely. Most expect that this will get settled long before the movie's scheduled release in March of next year -- but it will probably mean that Fox gets some of the profits for doing absolutely nothing.

To be honest, the whole concept of selling off exclusive rights to a story idea for a movie never made that much sense. If multiple studios want to make multiple movies out of the same concept, why shouldn't that be allowed, letting the best movie win in the marketplace? If the original content creators feel strongly about a vision, then they can sign up to work with one particular studio to make sure the movie is more true to life -- but it shouldn't require "exclusive" rights. In fact, we've already seen this in practice. Technically, no one can copyright a true news story -- so movie studios have no exclusive rights to making a movie out of a news story. Yet, they will often still buy the rights -- without it being legally necessary. There are a few reasons why: it signals to others that you're making a movie on the topic and it often comes with ties to those close to the original story to get them involved in the project. Why aren't the same things done with adaptations?

We've seen a few authors recognize this. Jonathan Lethem freed up his latest book for anyone to make a movie out of it -- so long as they promised to put the movie into the public domain five years after it was completed. And then there's Paulo Coelho, who freed up one of his books and told fans to make their own movies about parts of it -- which he would stitch together into a larger movie. If Fox really wanted to make a Watchmen movie, it should have done so. It shouldn't now prevent someone else from doing so -- or, even worse, get a cut of the action for doing nothing.

32 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
artwork, auctions, charity, super heroes

Companies:
ebay, warner brothers



Warner Brothers Shuts Down Auction For Children's Cancer Charity

from the nice-of-them dept

Reader Jonathan points us to a story that's also made the rounds on Boing Boing. Basically a blogger who apparently is somewhat well connected in the comic book/superhero world decided to get a bunch of artists he knew together to create comic character-based artwork to auction on eBay with the proceeds being sent to a children's charity who had helped out his own family at one point. The charity auction was announced, a bunch of artists signed up and created superhero-related artwork, and the auctions began on eBay. At some point, Warner Brothers, who owns the rights to many superhero characters contacted eBay to shut down a few of the auctions. This made the guy pull the rest of the auctions and get a bit nervous about whether or not he broke the law. Oddly, after all of this started getting attention Warner Brothers let one of the auctions proceed, but didn't respond to a question from the guy about letting the others move forward. In fact, in an email, Warner Brothers didn't explain its position at all.

On the whole, the legal issue is a bit murky (and it doesn't sound like anyone's making any legal threats here, so this probably won't go any further). The artwork may very well have infringed (though there are reasonable arguments for why it was not infringing as well). However, once again, this does seem like a situation where lawyers jumped ahead of what actually made sense from a business or PR standpoint. A smart company would have seen this going on and would have figured out a way to embrace it and come out of it looking like a good guy -- perhaps sponsoring the charity auction in some manner or another. But in shutting down the auctions, Warner Brothers comes off as a big legal bully who doesn't want to help kids with cancer. One more reason why legal solutions should always be looked at as a last line of defense, rather than an automatic solution.

25 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
bittorrent, costs, rss, streaming, television, televisions shows

Companies:
nbc universal, warner brothers



TV Companies Embracing Online Streaming... But Why Not BitTorrent?

from the solves-the-bandwidth-problem dept

The NY Times has an article talking about how the various TV producers are finally embracing the idea of offering up TV shows online, noting that Warner Brothers is now opening the vault and adding a bunch of old shows that can be streamed directly online. This isn't all that surprising. However, what's odd is that the article includes a few complaints about the cost of doing this compared to the revenue, with NBC Universal boss Jeff Zucker complaining "there are streaming costs so you have to make sure you’re covering that." Of course, that brings me back to a discussion some folks had around here over four years ago -- when we started wondering why television companies didn't just use BitTorrent to distribute their shows. If you combined RSS and BitTorrent (which was briefly referred to as "Broadcatching" by Ernest Miller) television companies could make it very easy for people to watch their shows. With RSS, they would "subscribe" to the shows, so as soon as a new one came out, subscribers would definitely see it. It would increase loyalty and remind people to watch their favorite shows. And by using BitTorrent, it would take the bandwidth cost away from the television companies. Unfortunately, the entertainment industry is still too scared of BitTorrent to realize how it can be embraced. So they complain about bandwidth costs for absolutely no reason.

35 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
harry potter, helmer john buechler, movie, troll

Companies:
warner brothers



Warner Brothers Warns Guy Who Named Harry Potter A Decade Before JK Rowling

from the so-how-does-that-work-exactly? dept

In something of a followup to the story of JK Rowling's testimony over a guide book to the Harry Potter universe, Petréa Mitchell writes in to point us to the news that moviemaker Helmer John Buechler is planning to make a remake of his 1986 movie Troll. What's that got to do with Harry Potter? Well, it just so happens that the lead character of the movie happens to be named Harry Potter. Rowling's first Harry Potter book came out over a decade after the movie. While I'd be willing to bet the whole thing is a coincidence (or, at the very least a totally unintentional/subconscious reuse of the name), that isn't preventing Warner Brothers (who owns the rights to Rowling's Harry Potter) from making some vaguely worded, but ominous sounding warnings to Buechler, telling him "If these producers intend to remake Troll they'd better tread carefully not to infringe on our rights." Funny how they say that about a character that was invented over a decade before WB's own Harry Potter, isn't it?

76 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
investigation, pirate bay, sweden

Companies:
pirate bay, warner brothers



Warner Brothers Hires Lead Police Investigator On The Pirate Bay Lawsuit

from the conflicts-of-interest dept

Stephen Holthaus writes in to point us to a press release from The Pirate Bay about the fact that the chief police inspector who built the case against the Pirate Bay in Sweden has now been hired by Warner Brothers. Unfortunately, it seems like the folks at the Pirate Bay may be overplaying this news, implying that he was employed by Warner Brothers while conducting the investigation. Instead, the details show that he merely switched jobs last month. That's not as scandalous as the Pirate Bay folks make it out to be. While they do have a point in suggesting that some of his investigative work may have been part of the "job interview," it's not unreasonable that Warner Brothers would decide to hire someone who had the experience this investigator had. After all, the RIAA and all of the major record labels have a history of hiring former law enforcement officials (no matter how pointless their "anti-piracy" efforts are). So, while it may call into question the guy's objectivity during the trial, the guys at the Pirate Bay probably should tone down the moral outrage on this one.

21 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, guidebook, harry potter, harry potter lexicon, j.k. rowling

Companies:
warner brothers



Giving Away Spoilers Isn't Copyright Infringement

from the oh-please dept

We pointed to some of JK Rowling's questionable testimony in the case against a publisher of a guide book to the Harry Potter universe -- where she made a bunch of emotional claims that had little to do with copyright. In wrapping up the case, she again made contradictory claims, backing away from earlier claims of the book being "wholesale theft" to saying that she wasn't so against the book if it only didn't quote so much of the book. But the much odder part of the case was the closing testimony from the lawyer representing Warner Brothers (who owns the Harry Potter IP rights), claiming that the real harm was that the Harry Potter Lexicon gives away spoilers and that people might say: "You know what? I guess I don't really need the rest of the Harry Potter books because I just read the big giveaways." First of all, that seems unlikely -- but more importantly, giving away spoilers is not copyright infringement. Once again, it seems like WB/Rowling keep appealing to emotional arguments rather than anything having to do with the actual law.

69 Comments | Leave a Comment..

 
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