Apparently Lady Gaga Doesn’t Like Animation

Lady GoogooVia: TBI

This just in, yesterday, The Hollywood Reporter among others posted that Lady Gaga has won an injunction against a parody creation from Mind Candy called Lady Goo Goo. The reason?

“Lady Gaga argued that the character would confuse consumers.”AWN

There’s a couple of different aspects to this decision but all spell potential trouble for animators or studios so they are well worth being aware of.

Firstly, there’s the issue of confusion with the real Lady Gaga and secondly there’s the issue of parody works and whether or not they are legal. Before you carry on reading though, here’s a video of Lady Goo Goo herself:

http://www.youtube.com/watch?v=v53lmd5URQQ

Starting with the confusion, Gaga relied on trademark law and its reliance on the famed tests which essentially boil down to the “moron in a hurry” scenario. The court ruled that consumers and fans of Gaga would be susceptible to confusion between Gaga and Goo Goo and thus the latter should not be permitted .

Anyone with half a brain would conclude that this is a clear admission from Gaga that her fans are clearly idiots but as Mike Masnick at Techdirt put it:

Unfortunately, Lady Gaga doesn’t have a sense of humor about the situation and it appears that neither do the UK courts.

Michael Action Smith of Mind Candy puts it fairly bluntly:

“It’s pretty obvious that kids will be able to tell the difference between the two characters.” I can certainly tell the difference, but Lady Gaga and the courts couldn’t

The shame is that millions of kids fell in love with Lady Goo Goo’s debut single on YouTube and now won’t be able to enjoy her musical exploits. It was all done in the name of fun and we would have thought that Lady Gaga could have seen the humor behind this parody.

This leads us nicely into the second aspect of the ruling, which is that parody works are not strictly legal in the UK, where the lawsuit was filed.

The importance of this aspect? Well, in the US, parody works are considered legally distinct from the original material and as a result, do not require prior approval from the copyright holder. This is not the case in the UK, which has no laws regarding parody works. The result is that Gaga was legally able to sue over a parody featuring an animated baby and some Eurotrash music.

Why is this a concern for animators and studios? Because animation has relied on parody and making fun of things since almost the day it was invented! Imagine if all the classic Warner Bros. shorts couldn’t have parodied the political and entertainment figures of the day? Imagine if the Simpsons couldn’t send up films like Citizen Cane? Imagine if Weird Al Yankovic couldn’t release a video to go with his parody of a song? (Side note, Al had is own run-in with Lady Gaga but because he’s in the US, he could release his single anyway).

Our ability to create would be seriously hindered wouldn’t it? The world would be a much more serious place in the absence of all this comedy and poking of fun.

Animation has delighted in being one of the prime candidates when it comes to sources of parody. Nevertheless, this lawsuit simply proves that you have to be on your toes when it comes to this kind of thing, because as bad of a control freak as it makes Lady Gaga look (and all the increased attention the lawsuit has garnered as a result), it ultimately forces a studio to write off an investment it made and to swallow the costs of the project with no hope of getting them back.

Small studios and animators cannot be expected to be effective economic units if they face the prospects of lawsuits like this. There is no reason why Lady Goo Goo had to be yanked in the UK, the decision hurts everyone, including Gaga herself.

Why The Tangled DVD Is A Waste Of Your Money

Via: Amazon.com

It’s not secret I like Tangled. It’s fun and although the story and characters are slightly less than mirror-polished, it’s an engaging film that manages to astound with it’s visuals, as Jim Hull managed to put it on twitter:

[blackbirdpie url=”https://twitter.com/jameshull/status/54014060982841344″]

It’s true, the visuals are stunning and its the main reason I like the film. However, I am one of those folks that has an old-style TV. You know the ones, with a square screen and that take up as much space in the living room as an elephant. Am I behind the times? Yes, I am and I realise it. However for me, if it came down to it, I would rather spend the couple of hundred dollars on a flight to Ireland than a new TV. It’s not that I don’t like watching the boob tube [snicker], it’s just how I prioritize things.

Despite the fact that I like the movie, I was disappointed by the Tangled DVD. The only extras included on the disc are some original “storybook” version of the film’s opening and a countdown of films that makes Tangled the (supposed) 50th feature released by Disney.

Here’s my problem, and it’s likely to be your problem too. Why the heck would you pay $14.99 for a DVD with basically just the film on it? If you’re a truly insane or disadvantaged in who supplies your DVDs, you would have to pay the $29.99 that Disney recommends!

First of all, $14.99 is expensive, even for a DVD (when stores can sell CDs profitably for half the price, you know there’s something up). The extras included were and are available online so you do not gain anything by having the DVD. The ultimate insult is that for an extra fiver on Amazon.com, you can get the Blu-Ray/DVD combo pack but that is a matter of economics and I’m sure most people plumped for that version despite the fact that it offers only a few more extras and even then only on the Blu-Ray disc, the DVD is exactly the same as the stand-alone version.

So ask yourself: “why should I pay money for a plastic disc with just the movie on it? Why not save my money and download it from the internet? It’s not like there’s a lack of choice there”:

Snapshot of just some of the torrents available out there.

I do not advocate downloading films from the internet. The practice is quote/unquote “illegal” and if the MPAA thinks they’ve caught you, it can be a legal nightmare trying to get it sorted out. If you have ethical feels about it, there are always plenty of free (as in speech) and public domain films out there just gagging for your attention.

The point is, why on earth would I fork over a pile of money for something I can just download from the internet (legality aside)? It doesn’t make any sense to sell films like that any more because there is absolutely no incentive to the public to buy the film. If it came with some kind of extra that I could not download form the internet (read: a physical item) than there is a chance that people would be much more likely to purchase it.

I think that’s something that content producers cannot get their heads around. People no longer consider content a physical good whose reproduction can be controlled. People today (myself included) generally assume that if we can get it from the internet, then it probably should be free (there’s an economics background to this that can wait for another day, but trust me in the meantime).

Just to add insult in injury, there was a time when DVDs came stuffed to the gills with extra features. Since the introduction of Blu-Ray, we’ve seen those features gradually get pulled as the studios have attempted to incite use to get Blu-Rays instead. Unfortunately a new HD TV is a heck of a lot of money to spend and a few extras that I used to be able to get aren’t going to be the deal-breaker for me.

With less features on the DVD and with a nominal difference in price, why the heck would I buy the single DVD? If I just want to see the film, there is a heck of a lot of reasons why I should just go and download it or watch it through other means and I’m pretty sure that’s what plenty of folks are doing to the detriment of the studio and the artist who work in the industry.