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tecchous-thicc-buttocks · 6 months

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bsd fandom has been SLEEPING on the crazy potential of the government spies. this is unacceptable I will tolerate it no longer.

think about it: the pm was definitely not tachi's first mission as a hunting dog?? (the southern hemisphere doesn't exist in bsd but) if I tell you fukuchi sent him on a mission to south america and his cover was a tango dancer YOU CANNOT TELL ME IM WRONG HE CAN BUST OUT THE MOVES I STG IM NOT DELUSIONAL

ango was investigating some powerful ability user and was sent undercover as a housekeeper in that dude's house. hence, all drawings of ango in a maid outfit are canon, he told me himself actually.

I know 100% rimbaud has a bunch of tattoos under his coat because he was trying to infiltrate some biker gang at some point in his career. he's probably incredibly ripped under his layers of year-round seasonal depression and jackets. don't try to argue with me.

#tango tachi has been living in my head for the past week and I can no longer function as a human being #IMAGINE THOSE HIPS #i'm going insane #alt: belly dancer tachi #I've never seen a male belly dancer irl but but #consider it #CONSIDER IT #he's sent to the middle east to investigate smth and he's got the coins on the hips the wrists the ankles #شيك شاك شوك starts playing #(as a foreigner he'd just look so out of place but shush)#rimbaud has to shave his head due to said biker gang #he's actually just been wearing a wig of his own hair this entire time #rimbaud with a buzz cut??????#and a super heavy french accent while riding harleys in the highways of america yeehaw #bsd spy potential is INSANE #im gonna make this a series i stg #(it's gonna be tachi-centric but who tf cares)#tachi michi spy adventures #trademarking that #bsd #bungou stray dogs #bsd tachihara #tachihara bsd #ango bsd #bsd ango #rimbaud bsd #bsd rimbaud #bsd hcs #bsd headcanons

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hell0mega · 4 months

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people are drawing Steamboat Willie Mickey doing all this crazy shit and whatnot, but you could always do that. you can do that now, with current Mickey, just fine. it's fanart and it's legally protected. hell you could take Disney-drawn Mickey and put a caption about unions or whatever on it and it would still be protected under free speech and sometimes even parody law.

what is special about public domain is that you can SELL him. you could take a screenshot and sell it on a tshirt. you can use him to advertise your plumbing business. people have already uploaded and monetized the original film.

you could always have Mickey say what you want, but now you can profit off it.

#steamboat willie #Mickey mouse #Disney #public domain #you can't trademark him as like a logo or mascot of your plumbing business i just mean like #you can slap him in your commercial or side of the van #i just have seen soooo many people make ORIGINAL art of him and I'm like #no that's not the point!! you can already do that!!!#(obvs if it's a comic or something talking about him being free or whatever then yeah like i get it)#(but those people who put him as a fighter in their game?? Quinton reviews uploading the original video?? boss shit)#(THAT'S what it's about)

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halberdierminister · 9 months

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Look at this cool new t-shirt I made for fans of Abraham Lincoln! I made it on my own time, with my own resources, and without any affiliation to existing public or private institutions concerned with history, education, hospitality, culture or retail. You can find it at my new Threadless shop or directly at bit.ly/imissabe

#abraham lincoln #abe lincoln #i miss abe #other important disclaimers include that this is about the assassinated former president of the united states of america #and not about the assassinated former prime minister of japan #i figured the top hat would make that clear but as long as im covering my own ass i should make sure to bring that up too #anyway the art is all original #and the phrase is not trademarked #and it is available in a wide variety of sizes #and on a wide variety of products

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mostlysignssomeportents · 5 months

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It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

#pluralistic #copyfight #scotus #mickey mouse #public domain #ip #contract #trademark #tm #jennifer jenkins #copyright #disney #nominative use

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thecolacorporation · 10 days

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Last week I received a cease and desist letter, claiming that my F*CK THE LAPD design was in violation of LAPD intellectual property. A few days later my lawyer sent this letter, seen here in its entirety.

#acab #acab1312 #fuck 12 #fuckthepolice #iplaw #copyright #copyright law #trademark #intellectual property

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jayblanc · 3 months

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Further news on the Chengdu 2023 Worldcon Scandal

The more we know, the less honest the Hugo results look. And there's some questions about how the Chendgu 2023 Worldcon was organised.

First of all, the Numbers Don't Add Up. Literally.

Second, it appears that the Chendgu 2023 Worldcon might have been coopted by Chinese Publishing companies. And that their corporate promotion lists might have been used as voting slates. This comes after a game of musical chairs, relocation and alterations from the original winning bid organisation to a new holding company. I have asked Kevin Standlee, chair of the WSFS Marks Protecttion Committee, to clarify what due diligence was taken to protect the Worldcon and Hugo trademarks. (Information via Arthur Lia and other commenters.)

Third, Chinese fandom is also upset over this. Using carefully selected phrasing to express their displeasure at "unspeakable factors". (Via Ersatz Culture at File 770)

Finally Hugo Administrator Dave McCarty categorically declares that the Ballot was conducted properly. He also declines to explain any of the discrepancies, or explain the precise reason for the unexplained disqualifications. He also stated that those who had any further questions "can't understand plain English" and "are slow".

This all strengthens my concerns, and widens them to the possibility that the name of the Hugo Awards and the Worldcon was deliberately coopted by a publishing business group in China. There's the strong possibility that this means that an unfettered licence to the trademarks that protect the Hugo Awards might have slipped into the hands of people willing to abuse them.

I note that Saudi Arabia, Tel Aviv, and Uganda all have bids for future Worldcons.

#hugo awards #chengdu 2023 #censorship #science fiction #worldcon #trademark #china

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steddieasitgoes · 2 years

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One of my favorite things about fic writers who endlessly churn out fics for the same ship, is seeing what little details stick from fic to fic even when they’re not in the same universe

#fan fiction #ao3 #steddie #i notice I’ve started doing this myself #and It’s cute #almost like our own little trademark #our own canon!#mine

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woundgallery · 1 year

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#teeth #red #his trademark bloody fangs #feral things

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ceriseo · 1 month

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on the surface level baelor the blessed seems like a great deviation from previous instances of the trademarked targaryen crazy, but hes actually one of the purest examples of such. its just that instead of basing his maniacal egocentric worldview on his valyrian blood he places it on his perceived piety in the faith of the seven. and so instead of carpet bombing the riverlands and basking in everyones total reverence of him and abusing the woman around him he just makes everyone conform to his zealotry and basks in their total reverence of him. and of course abuses the woman around him.

#previous instances of trademarked targ crazy being maegor daemon and aemond. and thee pinnacle himself aerion brightflame.#house targaryen #asoiaf #baelor the blessed #valyrianscrolls

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