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<title>Techdirt. Stories filed under &quot;vampires&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;vampires&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 28 Oct 2011 06:25:23 PDT</pubDate>
<title>How Copyright Infringement Turned Vampires Into Big Business</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20111018/10203716402/how-copyright-infringement-turned-vampires-into-big-business.shtml</link>
<guid>http://www.techdirt.com/articles/20111018/10203716402/how-copyright-infringement-turned-vampires-into-big-business.shtml</guid>
<description><![CDATA[ If you've spent any time in the comment threads here at Techdirt, you've probably run into someone decrying derivative works as <a href="http://www.techdirt.com/articles/20110719/09521715166/after-watching-this-video-can-anyone-say-that-remix-isnt-act-musician.shtml#c745" target="_blank">uncreative</a> and useless, arguing that art should be <a href="http://www.techdirt.com/articles/20110519/17104214346/waiting-100-years-version-20.shtml#c1429" target="_blank">created in a vacuum</a>, preferably a vacuum composed of extensive copyright protection. The impression is given that anyone who builds off another's works is some sort of leech who could never create anything of value.<p>However, it has been shown <a href="http://www.techdirt.com/articles/20091229/1205217535.shtml" target="_blank">over</a> and <a href="http://www.techdirt.com/articles/20110221/12321513192/does-re-imagining-lord-rings-perspective-mordor-violate-tolkiens-copyrights.shtml" target="_blank">over</a> again that this simply isn't the truth. Jonathan Bailey of the Plagarism Today blog has written up a fascinating piece on the <a href="http://www.plagiarismtoday.com/2011/10/17/dracula-vs-nosferatu-a-true-copyright-horror-story/" target="_blank">early copyright battle between Bram Stoker's estate and Albin Grau, the producer of the 1922 film "Nosferatu."</a> 
<blockquote>
<i>Film producer Albin Grau originally got the idea to shoot a vampire movie in 1916. Serving in Serbia during WWI, Grau was inspired to make a film about vampires after speaking with local farmers about the lore.</i> <br /><br /> <i>Grau, however, hit a major snag. He had wanted to do a expressionistic retelling of the story of Dracula but the estate of Bram Stoker, spearheaded by his widow, Florence Stoker, would not sell him the rights. Though the book was already in the public domain in the U.S. due to an error in copyright notice (similar to the one that caused Night of the Living Dead to lapse 45 years later), in Grau's native Germany, which was already a signatory to the Berne Convention (The U.S. would not sign until 1988), the work would not lapse until 1962, fifty years after Bram Stoker's death.</i>
</blockquote>
As <strike>Dailey</strike> Bailey points out, copyright law was already in sad, inconsistent shape back in the 1920s. If Grau had been American, "Dracula" would have been a public domain work and this story would be much different. However, Grau being German, his options were to either work around Stoker's estate or wait for the copyright to lapse, which wouldn't be for another four decades. <br /><br /> Instead of giving up, Grau got (wait for it...) creative:
<blockquote>
<i>Undaunted, Grau pressed forward with the film and it started production in 1921. However, several changes were made in the movie in a bid to duck a copyright lawsuit. The name of the movie was changed to Nosferatu, the main character's name was changed to Count Orlok and the plot itself received many tweaks and modifications.</i>
</blockquote>
Unfortunately, these changes weren't enough and Stoker's estate filed suit. Since early prints still contained the name "Dracula," the court ordered that <i>all</i> prints of the film be destroyed. Grau was forced to file for bankruptcy and his film studio was shuttered. "Nosferatu" would have been nothing more than a tiny footnote in film and copyright history, but one copy had already made its way to the U.S., where Stoker's work was public domain.
<blockquote>
<i>The film slowly began to gather an audience in the U.S. and, by the 1960s, had earned a place as a horror classic. By then, Dracula was in the public domain worldwide and Nosferatu could be shown freely (though the film itself was protected by copyright in many locations, once again though, not the U.S.).</i> <br /><br /> <i>More importantly though, Nosferatu is the first vampire film that is known to have survived into the modern age. As such, it set many of the templates and rules for the films that would follow, including changing some of vampire lore forever.</i>
</blockquote>
<strike>Dailey</strike> Bailey details some of these changes made in the failed attempt to avoid litigation:
<blockquote>
<i>The biggest change was the ending of the movie. In Nosferatu, Count Orlok is burned up by the sunlight. However, in Bram Stoker's version, sunlight was harmless to vampires, it just weakened them slightly.</i> <br /><br /> <i>Another difference is that a bite from Orlok does not create a new vampire. Rather, Orlok merely kills his victims. This theme too would be adopted by later films, which focused less on the "curse" element of vampirism and often gave vampires a choice as to whether or not a victim would live as a vampire or perish (IE: Interview with a Vampire).</i>
</blockquote>
And here we arrive at the crux of the continued argument against derivative works. Statements are made to the effect that "x should have licensed y" or "make original art only," but these detractors overlook the positive impact that derivative works can have. Like, say, increasing interest in a certain subject:
<blockquote>
<i>Vampire lore would have been very different without Nosferatu. However, the biggest change might be that there would have been almost no vampire movies at all... After all, without Nosferatu proving the interest and potential profit from vampire movies, it's debatable whether Universal and/or Hammer Films would have taken up the Dracula name.</i>
</blockquote>
<strike>Dailey</strike> Bailey sums it all up with a statement that sounds like it may have come from some of the faithful "freetarded:"
<blockquote>
<i>In the end, though it's the later Draculas that would become better known, it's likely none of them would have ever done so if it hadn't been for this copyright infringing film that managed to stay alive with a stake through its heart.</i>
</blockquote>
I can't argue with that, although I bet some of the commenters can. But before you broadbrush <strike>Dailey</strike> Bailey as just another member of Pirate Mike's choir, perhaps you should click through and take <a href="http://www.plagiarismtoday.com/" target="_blank">a good long look at his site</a>.</p><p>&nbsp;</p><br /><br /><a href="http://www.techdirt.com/articles/20111018/10203716402/how-copyright-infringement-turned-vampires-into-big-business.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111018/10203716402/how-copyright-infringement-turned-vampires-into-big-business.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111018/10203716402/how-copyright-infringement-turned-vampires-into-big-business.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>damn-helpful-thieving-'creatives'</slash:department>
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<pubDate>Wed, 3 Feb 2010 16:42:19 PST</pubDate>
<title>Mark Cuban Tells Newspapers To Pull Out Of Google... As He Invests In Competitors?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100203/1337558027.shtml</link>
<guid>http://www.techdirt.com/articles/20100203/1337558027.shtml</guid>
<description><![CDATA[ Over the last few months my post about all the <a href="http://www.techdirt.com/articles/20091111/0049546883.shtml">aggregator sites owned by Rupert Murdoch</a> as he was complaining about aggregators "stealing" his traffic has received a fair bit of attention.  Yet it hasn't stopped similar hypocrisy from Murdoch and others.  This week, Mark Cuban got a ton of attention for his silly claims that <a href="http://gigaom.com/2010/02/02/mark-cuban-tells-media-google-is-a-vampire/?utm_source=gigaom&#038;utm_medium=navigation" target="_blank">Google is a vampire</a> and media publications should all opt-out.  Cuban is a smart guy and has to know that this is so wrong that it's laughable, leading some people to wonder if he's pulling some sort of trick on these media publications.
<br /><br />
Danny Sullivan comes to the rescue by pointing out that while Cuban is telling sites that Google traffic is worthless, he's <a href="http://searchengineland.com/google-vampire-mark-cuban-mahalo-35039" target="_blank">invested in Mahalo, an aggregator site that lives off of Google traffic</a> and still tries to do some similar aggregation efforts, such as IceRocket.com (which is a direct competitor to Google News... though no one uses it).  Meanwhile, an old interview dug up by Michael Arrington has Cuban talking about how much <a href="http://www.techcrunch.com/2010/02/03/mark-cuban-may-hate-news-aggregators-but-he-also-wants-to-invest-in-them/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+Techcrunch+(TechCrunch)&#038;utm_content=Google+International" target="_blank">he'd like to invest in TechMeme</a> -- a similar aggregator.  Clearly, Cuban is playing some sort of trick on media companies.
<br /><br />
The thing that I can't figure out is what sort of trick he's playing.  He's simply wrong about Google traffic being worth nothing.  While much of Google traffic might not convert to regular users, enough of them do to matter.  But, even more to the point, we've found that the ads shown on archive articles (i.e., those found via Google searches) tend to get a much higher number of clicks than those shown on front page articles.  And it's pretty obvious why once you think about it.  People coming from Google are searching for something -- and so they'll look around your whole page, meaning that they don't suffer from the same sort of ad blindness that regular visitors do.
<br /><br />
Sullivan posits a conspiracy theory that even he doesn't believe in, that by getting news publishers to pull out of Google News it could help Cuban's investments, but even he admits that seems pretty far-fetched.  So is Cuban just really really confused or is he playing at some game?<br /><br /><a href="http://www.techdirt.com/articles/20100203/1337558027.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100203/1337558027.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100203/1337558027.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hypocrisy-in-action</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100203/1337558027</wfw:commentRss>
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<item>
<pubDate>Mon, 10 Aug 2009 16:11:00 PDT</pubDate>
<title>Author Using Questionable Copying Claim Against Twilight Author For Publicity</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090806/1917485794.shtml</link>
<guid>http://www.techdirt.com/articles/20090806/1917485794.shtml</guid>
<description><![CDATA[ Copyright is only supposed to cover the specific expression, not the idea or concept -- but for many, that's tough to grasp.  Unfortunately, the group of folks who sometimes don't understand has included some judges, leading to some wacky rulings at times.  However, it still hasn't reached the point where novelists are able to claim ownership of basic plot concepts (though some are trying to claim you can <a href="http://www.techdirt.com/articles/20070813/030322.shtml">patent a plot</a>).  Yet, pretty much any time you have a really successful author, someone shows up and claims that the idea for the famous book was "stolen" from them.  It <a href="http://www.techdirt.com/articles/20060421/1710243.shtml">happened</a> (multiple times) with <i>The Da Vinci Code</i>.  It's <a href="http://www.techdirt.com/articles/20090616/0335525246.shtml">happened</a> (multiple times) with <i>Harry Potter</i>.  And, now it's happening to the author of the <i>Twilight</i> vampire series, Stephenie Meyer.  Another author (represented by his lawyer, J. Craig Williams) is claiming that the plot of one of the books has <a href="http://www.reuters.com/article/mediaNews/idUSN0425960020090804" target="_new">similarities to a book she wrote a few years earlier</a>.  However, the supposed copying seems weak at best:
<blockquote><i>
 In a cease-and-desist letter Williams sent to Hachette Book Group, he provided comparisons from the two books of a wedding, a sex-on-the-beach episode and a passage where a human-turned-vampire describes the wrenching change.
<br /><br />
As another instance of similarities, Williams pointed out that characters in both books call their wives "love."
</i></blockquote>
As you look at the details, it's almost <i>always</i> a situation where the jealous author is really just using the lawsuit as an attempt to get publicity for their book (which is why we're not naming the other book).  As if to prove that, the author's lawyer claims:
<blockquote><i>
"I think the fans have to read both books and make up their own mind, like a judge is going to have to," Williams said.
</i></blockquote>
Shouldn't there be sanctions for abusing copyright law to file bogus lawsuits just to get some press for your book?<br /><br /><a href="http://www.techdirt.com/articles/20090806/1917485794.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090806/1917485794.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090806/1917485794.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>idea-expression-dichotomy</slash:department>
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