Polish IP & IT law

Archive for: movies

Measurable value of fair use

September 16th, 2007, Tomasz Rychlicki

The Computer and Communications Industry Association has published a report, PDF file, 2,28MB, that finds fair use exceptions add more than $4.5 trillion (1 000 000 000 000) in revenue to the U.S. economy and add more value to the U.S. economy than copyright industries contribute. Meanwhile there is also a provoking story available at slashdot.org about the Canadian Recording Industry Association admitting legality of P2P.

You can also check what others think about downloading music from the Internet. Here is a short movie clip from “Christian Rock Hard“. It was the episode 709 of Comedy Central’s South Park. It originally aired on October 29, 2003.

There is also a very interesting statement of Trent Reznor of Nine Inch Nails available at boingboing.net website.

As for the special situation in China, it does not seem to be easy to obtain Western music via legal channels, so I have the following suggestion for our fans: If you can find and buy our legal CDs, I express my thanks for your support. If you cannot find it, I think that downloading from the Internet is a more acceptable option than buying pirated CDs. Our music is easy to find on the Internet, and you might not need to spend much effort to find most of our songs. If you like our songs after you’ve heard them, please feel free to share it with your friends. As I have put all my effort and heart into my music, I sincerely hope that more and more people can share the enjoyment with us.

Categories: US law | copyright law | movies.

YouTube, et tu filia contra me?

September 5th, 2007, Tomasz Rychlicki

Update on September 8, 2007
Hey readers, hey hackers, hey lame^H^Hwyers, you know who you are. I installed a plugin so everyone will be able to watch those short movie’s fragments directly on my website. But of course I still recommend you to use VLC software.

YouTube has removed couple of movies’ fragments I put there to use as an illustration of my post and to explain some legal issues. I haven’t got enough free time to follow what professor Wendy Seltzer did. I wrote about that in the post titled Effective Wendy. I do not want to share a correspondence with Comedy Central or 20th Century Fox lawyers or what is more important to educate them for free about fair use or the right to citation. However, if there will be any communications I write about that on this website. I also hope that American lawyers started to learn Polish language (some hints: include terms such as prawo autorskie and prawo cytatu) but I guess they will find Polish branch to do their job. Anyway they are all invited. Below, I present you as an illustration links to those movies in FLV ile format together with posts’ titles I wrote. I suggest you to use VLC software to watch it. It works with almost each operating system and its free.

Krusty the Clown as trademark in the Simpsons (660 KB), which I originally used in the post titled Krusty the Clown.

Eric Cartman’s opinion about Family Guy series (3,8 MB), which I originally used in the post titled The Simpsons about Family Guy and American Dad.

South Park and downloading music from Internet (1,7 MB), which I originally used in the post titled South Park gang and downloading from the Internet.

Categories: Polish law | US law | copyright law | movies.

August 30th, 2007, Tomasz Rychlicki

Update on September 5, 2007.
A short movie fragment that I used as an illustration was removed from my profile by Youtube. So, here is a direct link to Krusty the Clown as trademark in the Simpsons, FLV format, 660 KB. I suggest you to use VLC software to watch it. It works with almost each operating system and its free.

The hype around the Simpsons has faded a little bit so I decided to write a post in this subject. I recalled myself this short fragment which you may watch below.

Initially, I ignored this gag but later on I decided to check if Krusty has told Marge the truth about his likeness and trademark rights. You probably know how it is with greedy clowns, it is always better to check what they say. A quick search performed with the Trademark Electronic Search System showed information about trademarks no 74080331, 74080332, 74080379, 74080308 and 74080380. You may read from the last trademark file for instance about:

Goods and Services (Abandoned) IC 041. US 107. G & S: entertainment services in the form of providing a series of television programs, motion picture production and distribution services and children live action shows.

For those of you who are interested deeper in this subject matter here is an additional search I performed for trademark no 74080308:

Trademark Name: KRUSTY THE CLOWN

(WORDS ONLY)

Filing Date: July 20, 1990

Serial Number: 74-080308

Official Gazette Status: ABANDONED – NO STATEMENT OF USE

Status Date: February 21, 1993

Goods/Services: STATIONERY, WRITING PAPER AND ENVELOPES, MOUNTED AND UNMOUNTED PHOTOGRAPHS, HOUSEHOLD GLUE AND PASTE, PAINT BRUSHES, PLAYING CARDS, COMIC BOOKS, POSTERS, TABLECLOTHS MADE OF PAPER, STAPLERS, PENCIL CUPS, DESK TOP ORGANIZERS, DESK CALENDARS, WALL CALENDARS, GREETING CARDS, COLORING BOOKS, PAPER NAPKINS, WRAPPING PAPER, INSTRUCTIONAL AND EDUCATIONAL BOOKS, CHILDREN’S BOOKS, GAME BOOKS, FICTIONAL NOVELS AND SHORT STORY BOOKS (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

International Class: 16 (PAPER GOODS AND PRINTED MATTER) – PRIMARY CLASS

U.S. Class:
22 (GAMES, TOYS, AND SPORTING GOODS) – SECONDARY CLASS
23 (CUTLERY, MACHINERY, HAND TOOLS, AND PARTS THEREOF)
29 (BROOMS, BRUSHES AND DUSTERS)
37 (PAPER AND STATIONERY)
38 (PRINTS AND PUBLICATIONS)
5 (ADHESIVES)

Register Type: PRINCIPAL REGISTER

Active/Inactive: INACTIVE

First Use Date: FIRST USE DATE NOT AVAILABLE (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

First Commerce Date: IN COMMERCE DATE NOT AVAILABLE (INTERNATIONAL CLASS: 16; US CLASS: 22, 23, 29, 37, 38, 5)

Publication Date: May 28, 1991

Correspondent: WILLIAM H. LOCKARD, ESQ. FOX, INC. P.O. BOX 900, BEVERLY HILLS, CA 90213

Intent to Use: FILED AS INTENT TO USE

Word Count: 3

OWNERSHIP INFORMATION:
Owner: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) 10201 WEST PICO BOULEVARD, LOS ANGELES, CA 90035 AS OF May 28, 1991

Applicant: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) LOS ANGELES, CA AS OF July 20, 1990

Applicant: TWENTIETH CENTURY FOX FILM CORPORATION (DELAWARE CORPORATION) LOS ANGELES, CA AS OF July 20, 1990

As you can see, Krusty the Clown was’t precise as he should be. I think, he did not consult his trademark attorney. But I must also admit, that the “generic reaction” performed by Marge was at least perfidious. ;)

Categories: US law | movies | trademark law.

Drink, don’t patent

July 17th, 2007, Tomasz Rychlicki

There is a review of a book at thebachelorguy.com website that corresponds with a subject of this post. Additionaly, I would like to recommend you to check patentlysilly.com website and the Gallery of Obscure Patents available at delphion.com and (Internet is form porn, what do you think the Net was born for?) the collection of sex patents presented at fleshbot.com website. Below, I also present a short list of so-called “Internet patents” granted for software inventions and business models by USPTO. I hope that potential readers who are against granting patents for such “inventions” as well, will surivive this reading without any heart problems.

U.S. Patent No. 6,029,141 (issued Feb. 22, 2000).
U.S. Patent No. 5,625,694 (issued Apr. 29, 1997).
U.S. Patent No. 5,781,438 (issued July 14, 1998).
U.S. Patent No. 5,987,441 (issued Nov. 16, 1999).
U.S. Patent No. 5,191,573 (issued Mar. 2, 1993).
U.S. Patent No. 5,675,734 (issued Oct. 7, 1997).
U.S. Patent No. 5,960,411 (issued Sept. 28, 1999).
U.S. Patent No. 5,715,314 (issued Feb. 3, 1998).
U.S. Patent No. 5,867,799 (issued Feb. 2, 1998).
U.S. Patent No. 5,708,780 (issued Jan. 13, 1998).
U.S. Patent No. 5,764,906 (issued June 9, 1998).
U.S. Patent No. 5,835,896 (issued Nov. 10, 1998).
U.S. Patent No. 5,774,870 (issued June 30, 1998).
U.S. Patent No. 5,724,424 (issued Mar. 3, 1998).
U.S. Patent No. 5,838,790 (issued Nov. 17, 1998).
U.S. Patent No. 5,809,242 (issued Sept. 15, 1998).
U.S. Patent No. 5,794,210 (issued Aug. 11, 1998).
U.S. Patent No. 5,948,061 (issued Sept. 7, 1999).
U.S. Patent No. 5,794,207 (issued Aug. 11, 1998).
U.S. Patent No. 5,838,906 (issued Nov. 17, 1998).

Original work titled “The Internet is for porn” is avaliable at avenueq.com website in RealMedia container format, but below you can watch another version done by World of Warcraft player. I can only speculate that this one was used and done without a proper permission or a license agreement from the owner of the Avenue Q show. But from the other hand, they could use fair use defence (parody) of course. Well, that’s the Internet.

See this movie on YouTube:

I have to add that this post was inspired by the lecture of many websites that devoted its space to news about Michael Meurer’s and Jim Bessen’s book entitled “Do Patents Work?“, which will be published in 2008 and I await it much more then new Harry Potter’s book. I also recommend you to check the compillation made by Dennis Crouch on his website with regard to the mentioned book.

Categories: US law | copyright law | movies | patent law.

Marysia is not Marusia

June 24th, 2007, Tomasz Rychlicki

Czterej Pancerni i Pies (Four tank men and a dog) is a cult series in Poland. See imdb.com website and the intro clip posted below.

See this movie on YouTube:

Today, I read an article about famous Polish pop singer Maryla Rodowicz being involved in a civil suit which was brought against her by Aleksandra Przymanowska, wife of Janusz Przymanowski – the author of a book and TV screenplay. Rodowicz has recorded a song Marusia (MP3 file format). The title of this song was also a name of a woman’s character from the mentioned TV series, a Russian nurse, played by Pola Raksa, JPG file, who was a girlfriend and later on a wife of a main character, Janek Kos. Mrs. Przymanowska claims that Maryla Rodowicz who made a contested music video of this song (it is a pity I didn’t find it) is allegedly ridiculing the TV series and Marusia’s character (who was younger and slimmer then Maryla Rodowicz and generally acted as a paragon of beauty for many generations). Mrs. Przymanowska also demands 130.000 PLN in damages and moral loss. I await a judgement in this case and I admire that Maryla Rodowicz put her songs on marylarodowicz.pl website to download for free.

Update on September 19, 2007.
Warsaw’s District Court ruled today that the use of 180 seconds of the Czterej Pancerni i Pies movie in Maryla’s music video was inspiration and it did not infringe any rights. The judgement is not published yet.

Update on October 11, 2007.
Finally, I have found the questioned movie clip. Now, you can watch it for yourself.

See this movie on YouTube:

Apple against Euro 2012

May 13th, 2007, Tomasz Rychlicki

I had a really good laugh. But let’s get to the point. Below, you may find a passage from the article available at wprost.pl website. Here is my translation.

Apple considers legal measures against the host countries of Euro 2012 in Poland and Ukraine, “Wprost” learned. Why? The multimedia presentation of the Polish-Ukrainian candidacy shown in Cardiff, the place where in April 2007 the host for Euro 2012 was being chosen, allegedly contained elements plagiarized from the commercials of Apple’s iPod.
The presentation is said to have contained a similar idea of dancing silhouettes and an almost identical music theme to those used in Apple commercials. We have unofficially learnt that the Polish Apple branch have already informed the headquarters in the USA. Jerzy Bebak from Apple Poland refused to comment on this issue.

Below, you will find both the iPod commercial and the Euro 2012 presentation.

See this movie on YouTube:

Well, what can I say? I already know that the Apple headquarters employs lame lawyers, that’s for sure. On top of that, it occurs that similar “masterminds” that have little knowledge of copyright law work in the Polish branch as well.

Categories: copyright law | movies.

Effective Wendy

April 15th, 2007, Tomasz Rychlicki

I’m not going to write too long story. You could familiarize yourself with the issue while reading my post entitled “Effectiveness of removals from YouTube“. After another intervention filed by Wendy Seltzer, the questioned short movie she has uploaded on Youtube was restored. You may watch it for now.

See this movie on YouTube:

But even professor Seltzer has doubts that the Super Bowl’s clip that was questioned by NFL’s lawyers will be available for much more longer period of time. Just read her post at wendy.seltzer.org. There is a whole story about the whole problem she faced. Well, all I can do, is to save this file, FLV format. If you’ve missed some stories posted earlier on this website, then let me tell you, that it is published in the FLV format. I suggest you to use VLC software for watching it. It works with almost each operating system and its free.