Plagiarism - what are the boundaries?

Started by Sleepless, February 01, 2004, 04:23:32 PM

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TheVoiceOfNick

#15
February 02, 2004, 04:05:46 PM
Quote from: Raikus1) Sampling -- using small phrases or references.
2) Spoofing -- directly making fun of someone else's work.

This is right... the U.S. has Fair Use laws that permit people to spoof or sample works that are in the open.  I understand this topic pretty well, since I recently did a spoof of a Got Milk commercial (turned into a PSA about lactose intolerance).  I spoke about it with an attorney, and he gave me some great advice.  I never had to pay anyone, and Got Milk has no case against me.

Let's not forget about the Barbie Cases... like the artist from Utah who uses Barbie's image in his art, and the band that did the song "Barbie Girl"... they were both sued by Mattel (the makers of Barbie), and Mattel lost on both points... some things are so ingrained in our culture, that they are no longer protected in ways that other copyrighted or trademarked things are.

SoNowThen

#16
February 02, 2004, 04:15:10 PM
It was my understanding from the Donnie Darko commentary, that Richard Kelly did have to clear the Smurf comversation with whoever held the rights.


Which I think is completely stupid, but who the hell am I?


Another question would be: with all the fun they make of rich, powerful people, how is it that South Park doesn't get sued???
Those who say that the totalitarian state of the Soviet Union was not "real" Marxism also cannot admit that one simple feature of Marxism makes totalitarianism necessary:  the rejection of civil society. Since civil society is the sphere of private activity, its abolition and replacement by political society means that nothing private remains. That is already the essence of totalitarianism; and the moralistic practice of the trendy Left, which regards everything as political and sometimes reveals its hostility to free speech, does nothing to contradict this implication.

When those who hated capital and consumption (and Jews) in the 20th century murdered some hundred million people, and the poster children for the struggle against international capitalism and America are now fanatical Islamic terrorists, this puts recent enthusiasts in an awkward position. Most of them are too dense and shameless to appreciate it, and far too many are taken in by the moralistic and paternalistic rhetoric of the Left.

Gloria

#17
February 02, 2004, 04:20:08 PM
Quote from: SoNowThenIt was my understanding from the Donnie Darko commentary, that Richard Kelly did have to clear the Smurf comversation with whoever held the rights.
Another question would be: with all the fun they make of rich, powerful people, how is it that South Park doesn't get sued???

I think the Smurfs are copyrighted, while people's names aren't. I think that's why South Park doesn't get sued. Didn't that happen with Spike TV and Spike Lee? He didn't own the rights to the name 'Spike.'

TheVoiceOfNick

#18
February 02, 2004, 04:22:18 PM
Quote from: GloriaDidn't that happen with Spike TV and Spike Lee? He didn't own the rights to the name 'Spike.'

That whole incident is well-known to have been a marketing ploy.

SoNowThen

#19
February 02, 2004, 04:26:34 PM
Quote from: Gloria
Quote from: SoNowThenIt was my understanding from the Donnie Darko commentary, that Richard Kelly did have to clear the Smurf comversation with whoever held the rights.
Another question would be: with all the fun they make of rich, powerful people, how is it that South Park doesn't get sued???

I think the Smurfs are copyrighted, while people's names aren't. I think that's why South Park doesn't get sued.

I'm not talking about copyright with that, I'm talking about slander. The job they did on Redford and Streisand (sp?), you'd think with the lack of sense of humor of those two, they would've tried to sue.
Those who say that the totalitarian state of the Soviet Union was not "real" Marxism also cannot admit that one simple feature of Marxism makes totalitarianism necessary:  the rejection of civil society. Since civil society is the sphere of private activity, its abolition and replacement by political society means that nothing private remains. That is already the essence of totalitarianism; and the moralistic practice of the trendy Left, which regards everything as political and sometimes reveals its hostility to free speech, does nothing to contradict this implication.

When those who hated capital and consumption (and Jews) in the 20th century murdered some hundred million people, and the poster children for the struggle against international capitalism and America are now fanatical Islamic terrorists, this puts recent enthusiasts in an awkward position. Most of them are too dense and shameless to appreciate it, and far too many are taken in by the moralistic and paternalistic rhetoric of the Left.

Raikus

#20
February 02, 2004, 04:58:31 PM
That's all under the protection of parody. Basically, someone has to have a reasonable expectation of seriousness and truthfulness coming from the source that is libeling or slandering the individual for them to have a case.

South Park is an obviously comedic show that is protected under parody law. If the Wall Street Journal were to publish material like that, they could be sued because the common individual has a legitimate reason to believe what they print because they are a factually based newspaper.

Most of the current legislation about parody law was created due to Jerry Falwell vs. Larry Flint (Hustler Magazine). Hustler ran a full page spoof of Southern Comfort featuring Jerry Falwell as the spokesperson and the article referred to Falwell loosing his virginity to his mother in the outhouse. The Supreme Court sided with Flint's right to publish the parody since it was obvious no reasonable person would believe it.
Yes, to dance beneath the diamond sky with one hand waving free, silhouetted by the sea, circled by the circus sands, with all memory and fate driven deep beneath the waves, let me forget about today until tomorrow.
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