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Post by jeffwaynefan on Mar 30, 2006 11:42:28 GMT
No, Jeff's argument is that he always uses and maintains The before War as this is how H.G concieved it to be used.
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Post by Lensman on Apr 2, 2006 23:17:45 GMT
I`m sure I remember reading somewhere that Jeff Wayne has copyright of the "The" in TWOTW.. As was said above, a title cannot be copyrighted. Nor can short phrases, let alone individual words! In case there's any doubt, let me quote from the U.S. Govt's official Copyright circular. Under the section "WHAT IS NOT PROTECTED BY COPYRIGHT?" we find: ~~~~~~~~~~~ Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents ~~~~~~~~~~~ www.copyright.gov/circs/circ1.html#wnpAs was said, potatoprince, if you want to "own" a title it has to be a trademark, not a copyright.
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Post by FALLINGSTAR on Apr 3, 2006 2:56:46 GMT
So if that's the case then does Pendragon own the title HGWTWOTWORLDS so no-one else can use it - as the letters TM appear after the title?
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Post by Commandingtripod on Apr 3, 2006 6:28:36 GMT
So what will it mean when the copy right does run out? I'm still confused.
Sorry to be asking this if it has already been asked.
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Post by jeffwaynefan on Apr 3, 2006 11:31:30 GMT
So if that's the case then does Pendragon own the title HGWTWOTWORLDS so no-one else can use it - as the letters TM appear after the title? Oh, I thought you new . . . The TM at the end represents what Pendragon are - (TM) Total Muppets.
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Post by Lensman on Apr 4, 2006 1:06:36 GMT
< TM> means the company is claiming it *wants* the Trademark, not that it actually *owns* the Trademark. Basically it's the corporate version of a dog staking a claim to territory by, um, scent-marking. Now, if the dog really *owned* the territory, there would be a large "Beware of Dog" sign in its yard. The corporate equivalent of that is the "R"-in-a-circle <®> sign of a Registered Trademark. What the government *intended* < TM> to be used for is to indicate a company is in the process of getting an actual Registered Trademark. But in practice, it may mean nothing more than they're trying to discourage anyone *else* from trademarking the words/ name. So here we have a Chihuahua named Pendragon going into the territory of a Great Dane named Paramount and peeing in *its* yard. The Chihuahua would *like* to own the Great Dane's territory, but if the Dane comes out of its house and growls-- or in this case, tells its lawyers "Sic 'em!"-- the Chihuahua is gonna run away. Paramount has a prior legal claim to the title "H.G. Wells' War of the Worlds" with its contract with Wells' estate, and of course a prior use of the name on a movie adapatation (the 1953 version). And Paramount also has lots of lawyers and deep pockets, which Pendragon doesn't. And no, one company could not obtain a registered trademark for the title and another company a very slightly different trademark by leaving out the "The" or leaving out the periods after "H.G." or any such minor variation. That would qualify as something so similar as to cause confusion. Trademarks must be distinctive. Does Pendragon really intend to own a Registered Trademark for "The War of the Worlds" or "H.G. Wells' The War of the Worlds"? The only actual product they've issued-- the DVD-- does not have a < TM> or "R"-in-a-circle <®> after the title. I'd say that is *much* more significant than the presence of a < TM> on their website. There are some amusing cases of companies putting < TM> after everything in sight. The game company TSR (now Wizards of the Coast) infamously put <Nazi TM> in an Indiana Jones game. A "Star Wars" boardgame had <tractor beam TM> and <hyperdrive TM>. All these are just cases of, um, Pissing in the Wind TM. ;D
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Post by Lensman on Apr 4, 2006 1:31:43 GMT
So what will it mean when the copy right does run out? It means that any publishing company could sell copies of Wells' novel, or a sequel to it, without paying royalties to Wells' estate, and any film company in any country could make an adaptation or sequel based directly on Wells' novel without needing permission from anyone. Paramount and the other film companies would still own the rights to their adaptations. The copyright to their movies, including images and original or unique elements in those movies, would be protected by the studios' copyrights dating from the times their movies were released. At least that is my understanding. I am not an intellectual properties lawyer, so I may be wrong. I'm not sure the legal force of Paramount's contract with Wells' estate will expire when the copyright period does.
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Post by FALLINGSTAR on Apr 5, 2006 19:37:38 GMT
So if that's the case then does Pendragon own the title HGWTWOTWORLDS so no-one else can use it - as the letters TM appear after the title? Oh, I thought you new . . . The TM at the end represents what Pendragon are - (TM) Total Muppets. Forgot about that!
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Post by beecus on May 10, 2006 6:54:09 GMT
Still confused he he So, if I were to make an animated version of the film, pretty much scene for scene of the book using my own artwork, music, voiceovers and so on BUT using a different title that is ok to do? It seems to me a lot of the copyright is based on the title alone? Apart from JW owning the music and his image and Paramount owning their image.
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Post by Commandingtripod on Jul 2, 2006 13:10:36 GMT
So what will it mean when the copy right does run out? It means that any publishing company could sell copies of Wells' novel, or a sequel to it, without paying royalties to Wells' estate, and any film company in any country could make an adaptation or sequel based directly on Wells' novel without needing permission from anyone. So for example, I could produce and sell copies of WOTW without having to pay anyone for anything?
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Post by Lensman on Jul 4, 2006 5:46:37 GMT
So, if I were to make an animated version of the film, pretty much scene for scene of the book using my own artwork, music, voiceovers and so on BUT using a different title that is ok to do? If you're in the USA and your film is based directly on the book, not on any other film, then yes it's legal. The title is irrelevant. Unless someone has trademarked "The War of the Worlds", you can use that title. But again, I am not an intellectual properties lawyer, and if you're thinking about developing a commercial film, you are strongly advised to consult one. It seems to me a lot of the copyright is based on the title alone? No, not at all. The story, characters, setting, dialogue, and everything unique about the book-- everything that sets it apart from other books-- is copyrighted. Changing the title for a movie has little to do with copyright; it's a marketing thing. In fact, titles *cannot* be copyrighted, only trademarked. There's a great deal of misconception and confusion about even basic copyright facts, especially on the Internet were the "information wants to be free" philosophy is so pervasive. Here's some good, reliable, basic info on copyright: www.templetons.com/brad/copyright.htmlwww.templetons.com/brad/copymyths.htmlMost *basic* copyright info should be the same not only in the USA but also British Commonwealth countries, the EU, and in fact every country which has signed the Berne Convention on international copyright. Things are noticably different in eastern Europe, the former Soviet Union, and communist countries; copyrights are flagrantly ignored in those places. But then, it's flagrantly ignored on the Internet, too. So for example, I could produce and sell copies of WOTW without having to pay anyone for anything? In places like the U.S. where the copyright has expired, yes. In places like the U.K. where it is still in force, no.
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Post by Commandingtripod on Jul 4, 2006 6:02:45 GMT
So for example, I could produce and sell copies of WOTW without having to pay anyone for anything? In places like the U.S. where the copyright has expired, yes. In places like the U.K. where it is still in force, no. Ah ok thanks. Now I get it.
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