100 years ago in high school our token black guy sang the tigger song with lyrics modified for nigger. I forgot how it went but I remember feeling emotionally moved by it.
Lol the censor board and Winnie the Pooh reminds me of the time Chinese censors were having a rough time trying to censor Megan Three Stallion's (the artist who was featured in Cardi B's W.A.P.) performance livestreamed at Coachella...
It's got nothing to do with Disney (other than them having changed the laws overall), it's to do with the original books. The first book is in the public domain, but the second book which introduced tigger, is not yet.
Sure parody is a defence to copyright infringement. At the end of the day, it's not my job to say it's protected by parody. That's your job as the Defendant. I only have to prove that you infringed onto my copyrights.
Even if it is clear parody, I can quietly withdraw or settle my claim against you to prevent others from even thinking about it. It's why SLAPP (Strategic Lawsuit Against Public Participation) legislation has to exist.
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
Second, some forms of fair use -- which permit use of copyrighted material -- do take into account whether someone was aiming to make money from it (though it's not a "all noncommercial use is fair game" sort of thing):
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
I realize this won't be a popular view, but I don't think you should be able to use, and profit from, a character someone else created, regardless of how long ago they were created. The original work becoming public domain, sure, but write your own characters.
This comic doesn't work with original characters, there is a lot of prior knowledge on the part of the reader that allows the author to get right into the story without all the world building required to care about a new universe and it's characters.
The original work becoming public domain, sure, but write your own characters.
I don't understand what you're suggesting here. How would you reconcile the original work being public domain with still wanting to restrict the use of its characters?
Although I don't share your point of view, I respect and would like to know more, would you care to elaborate on the reasons that led to or justify your opinion ?
I'm taking the lumps of the community here with you, but I do feel that civilization benefits when creators can reasonably profit from their creations and it's derivative works.
I don't think it needs to be as extreme as us copy write controls, but I don't feel it should be opened up the way this community seems to think it should be.
These down votes are lame. I disagree with you completely, but your opinion is still valid. I think after the original author is long dead, I'd like to see new perspectives breathing new life into old fictional characters. Otherwise, are you saying we can't make new stories about Hercules, Odysseus, Jesus, etc?