At what point does something cease being derivative and becomes simply a part of culture?
90+ years after it is published, or after enough change to the original that it is considered a different work. Copyright isn't like the Kleenex or Aspirin trademark; it's still under ownership until the right expires or is specifically waived.
Which is to say, you can refer to a copyrighted thing for free, but actually quoting from it is where the money comes in. If the actors in
Reign of Fire
had actually called the black knight Darth Vader, and recited text word-for-word, some lawyer somewhere would at least have had impure thoughts about royalty payments. But because it was vagued up so much, it shared more in common with Star Wars's not-copyrightable sources than with Star Wars.
Every time somebody on a movie screen sings "Happy Birthday," some foundation in the midwest gets a HUGE fee. Yes, "Happy Birthday" is under copyright protection, and the owners of that right charge massive amounts for each use in print or other media.
MALORY: I think it's sweet that you and your partner sing to each other on television. Others may think it's
vaguely gay, but I disagree.
DAN: Thank you.
MALORY: Nonetheless, you can't do it anymore.
DAN: Why not?
MALORY: It's against the law.
DAN: It's against the law to be vaguely gay?
***
DAN: It's against the law to sing "Happy Birthday" on television?
MALORY: Federal copyright law.
DAN: "Happy Birthday" is protected material?
MALORY: Yes.
DAN: Who holds the copyright on "Happy Birthday"?
MALORY: Mildred and Patty Hill.
DAN: Who are they?
MALORY: The authors?
DAN: The authors.
MALORY: They wrote it.
DAN: They wrote the song.
MALORY: Did you think that song just happened?
DAN: Well...yeah.
but actually quoting from it is where the money comes in
But it has to be a relatively substantial quote. I don't think you can be sued just for having a character say "Luke, I am your father."
Every time somebody on a movie screen sings "Happy Birthday," some foundation in the midwest gets a HUGE fee.
This is why so many movies have characters singing "For S/He's a Jolly Good Fellow" instead.
From the "I Really Don't Want To Be At Work Today" files, here is a Wooden iPod Case
I find the political controversy about Star Wars III kinda funny.
[link]
I believe the conservative site "Free Republic" is also calling for a boycott since they consider Lucas anti-american.
"Free Republic" is also calling for a boycott
Yeah, good luck with that.
I find the political controversy about Star Wars III kinda funny.
As if it wasn't established 30 years ago that the freedom-loving Republic was betrayed and brought down so that a power-mad Emperor could take control.
My Star Wars action figures saw much use too. They also had many makeshift starships made out of cardboard.
I spent the three years between Empire Strikes Back and Return of the Jedi playing with my Princess Leia figure pretending that she was a bounty hunter bargaining for Han Solo with Jabba the Hut. I swear. When it actually happened, I wanted to sue Lucas for copying me. Granted, I was 13.
Much peace-ma and sympathy for shrift's and her family's loss.
Lots of health-ma to Deena's father.
Hippo birdies to Corwood and belated ones to Vortex.
That is all (finally caught up).
