In Regards to the Legality of Tributes

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Re: In Regards to the Legality of Tributes

Postby DoNotDelete » Thu Oct 29, 2015 3:14 pm

The KKM wrote:Not sure what you're talking, but it's likely Astal- Spaz kept inserting him everywhere.

Yep. Astal it was.

Not a character I had any prior knowledge of.
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Re: In Regards to the Legality of Tributes

Postby LBD_Nytetrayn » Thu Oct 29, 2015 6:03 pm

The KKM wrote:
LBD_Nytetrayn wrote:
MetalSkulkBane wrote:I never got those legal details.

I still don't know how Sega could use "Sega does what Nintendon't" line in their commercials.


If I recall correctly, it was "Genesis Does What Nintendon't," comparing their 16-bit console to the 8-bit NES.

I don't know why they couldn't use the line, so long as there's truth to it, which is why those ads were generally comparisons.

--LBD "Nytetrayn"


Might be a question of different laws in different places- I'm assuming Poland is like Portugal in that ads can't use other brands even for comparisons (unless they pay for it, of course, but who's gonna sell their rights to be slammed). So that campaign over here would necessarily be "Mega Drive does what the competition't" or something like that.

Which is why instead we got complete dementia that looks like Tetsuo Body Hammer repositioned for child-d-ren-dr-dTO BE THIS GOOD TAKES ASGEEGSA


Yeah, pretty sure it's different here. Pepsi Challenge, Ford vs. Chevy, McDonald's vs. Burger King, and all that fun stuff.

--LBD "Nytetrayn"
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Re: In Regards to the Legality of Tributes

Postby KingKaiju » Fri Oct 30, 2015 5:49 am

Technically these kinds of tributes and cameos are illegal and they do infringe on copyright. However, no one does themselves any favors by suing a company for making a friendly reference to your work.
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Re: In Regards to the Legality of Tributes

Postby linebyline » Mon Nov 02, 2015 12:20 am

The KKM wrote:I don't think that not saying they were just cameos is as malicious as you're implying, considering based on all this at the time, for all people knew, they WEREN'T just glorified cameos.

Oh, I didn't mean to imply anything about anyone's intentions. That's just the rumor as I remembered hearing it, which is something like third-hand at best. And my guess would be that the people making the biggest fuss over it were also working with second- or third-hand information, hence the confusion.

KingKaiju wrote:Technically these kinds of tributes and cameos are illegal and they do infringe on copyright. However, no one does themselves any favors by suing a company for making a friendly reference to your work.

Well, the're very likely illegal. What Mobotropolis said about Fair Use being too vague to rely on is true, but it cuts both ways. You don't want to go suing people willy-nilly, because there are penalties for frivolous suits, using intellectual property law to silence criticism (probably why mentioning competitors' names is considered OK in the US, but that's more a trademark thing than copyright), and other abuses of the system.

It's just that most of the time, the bigger, richer rights-holder is extremely likely to win, since individuals and smaller companies often can't afford to keep the legal proceedings going for as long as it would take to prove Fair Use. Plus, companies dedicated to abusing the system can flourish by being fly-by-night operations that are hard to catch, and always reappear under different names.

On the bright side, Warner-Chappel doesn't own "Happy Birthday To You" anymore. (Arguably they never did, or haven't for a long time, but now it's official.) Not that it has anything to do with the comics.
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