Let’s be honest, when I was a kid, the only reason I wanted one was so that I could turn the handle and watch the toy pop out. I doubt things have changed since then.
Is this Shameless Marketing to Children? Read More »
The Montreal Gazette is reporting that Quebec Court of Appealhas upheld a previous ruling against Cinar (the forerunner to Cookie Jar). The case involves Claude Robinson and a series he created called Les aventures de Robinson Curiosité. After trying to sell the series with Cinar to other production studios and without any success, Claude was astonished to discover that Cinar had launched their own series, Robinson Sucroé.
After a 14 year legal wrangle, the court has awarded him damages that although far below what was originally awarded, still amount to CA$5.2 million, which breaks down as follows (as listed in the CBC’s story):
While this sounds like the nightmare of just about every artist out there, it is important to remember that cases such as this one are extremely rare. Fourteen years is long, even in the legal world, and a settlement is most likely to be hammered out long ago instead.
Did Robinson have a case? I haven’t seen any images from the offending shows, but assuming he’s not an eejit, he will have properly and sufficiently developed his show before presenting it to Cinar. He will also have gone through all the legal hoops to get a development deal with them if he did. The Gazette article mentions attempting to sell the concept in the US, so I’m sure he was on board with a contract of some sort.
Why Cinar felt the need to copy the guys show, I don’t know. According to the Wikipedia article on the firm, it has been engaged in shady dealings before, so perhaps this is not a surprise. What is surprising is that they went ahead with it anyway, it should not have been all that difficult or costly to simply acquire the original property and tweak it into the new one thereby saving everyone a bunch of time, money and hassle.
As you know, the entertainment industry is full of such lawsuits (most of which get thrown out) but a few make it through to trial. Copying an idea is extraordinarily difficult to prove in court, which is why most studios don’t even want to take the chance and refuse unsolicited scripts. The vast majority will purchase a concept and develop it themselves to prevent such lawsuits. Studios aren’t stupid but that will try to minimize costs, and acquiring a concept may fall into the category of ‘unnecessary’.
Again, it is imperative that when developing an idea, you take all the precautions necessary to save yourself and the studio from a legal headache such as this.
Canadian Court Upholds Animator’s Copyright Claim Against Cinar Read More »
Here’s a cute little music video from the Australian Band The People People.
Directed by Maik Hempel with colour design by Adele K. Thomas. Their colour scripts are well worth having a peek at too (example below).
We Are People People Music Video Read More »
Just a quick note because I’m actually waiting for class to start. When it comes to animation and technology where does software skills play into things?
What I mean is that with a wide variety of different programs out there how do you choose which ones to learn?
Are they the ones taught at your school? If so could you end up in a situation where you are being taught outdated or unpopular software?
Even moreso are you spending time learning a new program that may well be obsolete in a few years? Animation software (bar Renderman) is still somewhat new and the pace of development is currently breathless.
What are your thoughts on the topic? Should we revert to the good old ubiquitous paper and pencil or do we commit ourselves to learning something that may only benefit us for a short part of our careers?
PS please excuse any typos, I wrote this post on my phone.
Quick Note: Software Skills Read More »
This is the fifth and last in a series of posts in which I explain why I respect certain people in the animation industry and why you should do the same.
Via: Flickr
Four years ago, if you asked me who Fred Seibert was, I would have given you the blankest look in the world. Of course, that was before I moved to the States and had the time/energy to actually indulge my passion for animation.
If you were to look back at the animated TV landscape of the last thirty years, a few names are apt to stand out: John Kricfalusi, Matt Groening and Klasky-Csupo are just a few. These, however, are the exception and even then, only one could legitimately claim to not owe his success in any way to Fred.
How so, well, Fred is often cited as the first employee hired by MTV. His experiences from that time make for good reading as he was right smack in the middle of a developing cable media revolution in America. After his stint there, he partnered with Alan Goodman to form Fred/Alan and in so doing, was promptly hired to lead the re-branding for Nickelodeon. The results of said assignment was the beloved “splat” logo that lived for 25 years before being replaced.
After that he headed west and took charge of the venerable Hanna-Barbera studio in Hollywood. There, Fred began steering the studio more towards creator-driven shows and the use of the cartoon short as a medium for discovering and developing popular series. Such instincts served him so well that they were repeated in the Oh Yeah! and Random! cartoon series that Fred produced as part of his independent studio, Frederator and resulted in at least 5 shows getting picked up. The latest being the gobsmackingly good Adventure Time.
On top of this, Fred has been at the forefront of the current media revolution, partnering with Tim Shey and others to create Next New Networks. An organisation that has spearheaded the creation of original content specifically for the web. With more than a few solid hits under their belt, the outfit was acquired by YouTube as part of that company’s drive into the original content business.
With more careers than I can ever hope to have, for being someone who is consistently looking forward, for loving cartoons and for being an avowed fan of jazz, Fred Seibert is someone I respect.
People I Respect: Fred Seibert Read More »
This is the fourth in a series of posts in which I explain why I respect certain people in the animation industry and why you should do the same.
Via: the ASIFA-East aNYmator
A long time ago (OK, not that long ago) I met David B. Levy. I’d never heard of him before, I wasn’t aware of any of his work and I certainly was aware that he was the President of ASIFA-East. Suffice to say, after that evening I was!
David is one the finest ambassadors that the New York animation scene has today and is absolutely one of the nicest people I’ve ever met. Such praise is not faint. Who in their right mind would give an Irish civil engineer the time of day let alone many opportunities to liaise with people inside the industry?
Being a New Yorker, David is immensely proud to be part of the local animation scene and can often be seen cheer leading for the cause over on his blog, Animondays.
It could be argued that he does this only in his capacity as President, but such an argument would be a very shallow one. David truly believes in the creative skill of the local animation community and will often champion the many success it has had and the numerous contributions it has made to animation in general over the years.
Besides all of this, David is also a bestselling author of three books that have won praise from all over the industry for their well-written and personal approach to working in the industry.
For all of this and much, much more that I am far to tired to write about (it;s 8:25 p.m. here at the moment and I have a midnight Harry Potter screening to go to), David B. Levy is someone I respect.
People I Respect: David B. Levy Read More »
This is the second in a series of posts in which I explain why I respect certain people in the animation industry and why you should do the same.
Paul Young and Tomm Moore Via: IMDB
Cathal Gaffney and Darragh O’Connell Via: Brown Bag Films
Yup, I’m shoehorning four lads into this post, but with good reason, for without them, the Irish animation scene would look quite different than it does today.
The name Cathal Gaffney may not ring much of a bell with you but he is someone I have a lot of respect for. Together with Darragh O’Connell, Cathal founded Brown Bag Films, based in Dublin and has had tremendous success over the last 14 years including not one but two Academy Award nominations. Both men have worked hard to promote the indigenous industry within Ireland as one that has a lot of potential for long-lasting prosperity.
Tomm Moore and Paul Young started Cartoon Saloon in Kilkenny back in 1999 and since then, they too have found tremendous success with the crowning achievement being the Academy Award nomination for their feature, The Secret of Kells, which itself was a remarkable achievement considering that it was only shown in one cinema prior to nomination!
Why do I respect these four guys? For one, they helped start animation studios in Ireland when the industry was next to non-existent and have grown them into internationally-recognised companies that work with such large global players as Nickelodeon/Viacom and Disney.
Even more admirably, all four have managed to grow businesses at a time when Ireland has seen one of the worst recessions in the Eurozone, which is no mean feat! All four are also as ambassadors for Irish animation around the world and is continually promoting the industry at home and abroad.
For this and more, Cathal Gaffney and Darragh O’Connell, Tomm Moore and Paul Young are four guys I respect.
People I Respect: The Irish Guys Read More »
This is the second in a series of posts in which I explain why I respect certain people in the animation industry and why you should do the same.
Do you really need me to explain why I respect the greatest animation director alive today?
How about a long and varied history of making animated films of the best quality? How about being the single biggest force in helping anime films attain popularity in the US? (Yeah, Akira helped too but Hayao’s films appeal to everyone).
Hayao Miyazaki’s output at Studio Ghibli has mesmerized the world for over 25 years and shows no sign of stopping. That is not why I respect the man though.
No, I respect him for his devotion to animation as a storytelling medium. Much more than that is his devotion to traditional animation as a storytelling medium. In an age when the computer has conquered production, he remains lovingly committed to the paper and pencil.
Besides that, Miyazaki’s films remain fascinating studies in character. Yes, the animation is superb, but that is always a sideshow to the characters and their story, on whose level we always see the film.
Hayao Miyazki is more than worthy to be included on the list of people I respect.
People I Respect: Hayao Miyazaki Read More »
This is the first in a series of posts in which I explain why I respect certain people in the animation industry and why you should do the same.
Via: Talking Movies (click through for a great interview by Fergal Casey)
Love him or hate him, you cannot deny the fact that even thinking about American, theatrical, animation from the last 30 years will bring his name to mind.
While it can be said that Jeffrey Katzenberg is a bit of a bully, such a description could also be used for Walt Disney. Both men are/were not afraid to provoke strong emotions from their staff if he thought it would get the best from them.
Katzenberg’s influence over the Disney animation unit from the mid-1980s through the mid-1990s is stupendous. The period, colloquially called the ‘Waking Sleeping Beauty’ period saw a resurgence of the theatrical animated film after hitting rock bottom in the 1970s.
Why do I respect him? He’s focused, he knows what he wants and he is good at getting people to create his vision. Too often we see a film that was created with a vision in the mind of the director but who clearly could not communicate that to his crew.
Katzenberg can pick out good stories not just ideas. Look at the Disney renaissance films, no two are alike. They shoot off in all directions and hit a bullseye every time. John Lasseter and the guys at Pixar were clearly paying attention as they followed a similar path until the late-2000s.
Since leaving Disney, he has moulded DreamWorks Animation into a formidable competitor to Pixar. While the films are slightly less polished compared to the Apple guys in Emeryville, they are undoubtedly successful and last year’s How To Train Your Dragon was a sure sign that Katzenberg is narrowing the gap with the industry leader.
For his track record, his ability to inspire and his ability to manage artists on a par with Walt Disney, Jeffrey Katzenberg is someone I respect in the animation industry. His placing in the list reflects his penchant for [multiple] sequels.
People I Respect: Jeffrey Katzenberg Read More »
Just a quick update from Ireland.
I have found plenty to write about in regards to animation. It’s actually quite interesting to see the differences between how animation is perceived on this side of the pond,
Anyhoo, the picture above was snapped in the Castlecourt Shopping Centre in Belfast, where it appears that the Looney Tunes are still giving kids a bit of excitement.
Update from Ireland: The Looney Tunes are Alive and Well! Read More »
This is the fourth and last in a series of posts that take a look at just some of the many legal aspects of the animation industry.
It’s a question that seems to lead plenty of people to this blog but the post they land on is not entirely relevant. So here, for all those people is the post they’ve been looking for.
When Will Mickey Mouse Enter the Public Domain?
The most important piece of recent legislation concerning our hero is the Sonny Bono Copyright Term Extension Act, which basically extended the period of time for which creative works are covered by copyright. The interesting thing about this act is that it has a nickname. Care to guess what it is?
How about the “Mickey Mouse Protection Act”.
Yes indeedy, but first, it’s important that we define just how Mickey is covered and in order to do that, we must first define just exactly what “Mickey” is.
Mickey Mouse and similar characters inhabit the gray area where copyright and trademarks collide. A quick and dirty explanation is as follows:
Can’t tell the difference? Not to worry, that’s the purpose of this post.
Mickey Mouse is a creation, and as such his design is covered by copyright. His films are also subject to copyright in that they are expressions of the creation that is Mickey Mouse.
The distinction comes when Mickey Mouse is used as a tool to sell things. In that capacity, he is a trademark that is for the exclusive use of the Walt Disney company and anyone it licenses the character to.
Confused? Don’t worry, it will all be clear in a moment. 🙂
Why the distinction? Well, a trademark is sometimes not a creation, it can, in fact, have existed for hundreds of years. What a trademark does is extend to the owner the exclusive right to use the trademark for the business purpose that they applied for the trademark for. Sounds tricky doesn’t it?
It isn’t though. It basically means that someone setting themselves up as, say a record label called Apple is granted the privilege of being allowed to be the only record company called Apple. This is to avoid confusion in the mind of the consumer, which could result in “brand dilution”.
It does not prevent someone else from calling their company Apple and selling, say, computers. Why? Because selling records and selling computers are two completely separate market sectors that are unlikely to lead to confusion among consumers*.
Mickey Mouse is a trademark of the Walt Disney Company insofar that he acts as a salesman, mascot and calling card for the firm. Such uses are covered under trademark because they can be (and are) used by consumers to identify a particular company.
So now that we’ve established what copyright and trademarks are and the main difference between them, why are they important in the case of Mickey Mouse?
The reason is time.
You see, copyrights have term limits, trademarks do not (as long as they are actively enforced). Mickey Mouse can remain a trademark forever but his films will at some point enter into the public domain.
However, that remains to be seen:
Thanks to the lobbying muscle of Disney and its allies, U.S. copyright protection has protruded further and further into the future, from the 14 years of the first copyright law in 1790 to the 120 years of today — far beyond the lifetime of any artist.
That quote is taken from a superb article by Charles Kenny. No, not I, but a senior fellow at the Center for Global Development in Washington DC who I coincidentally happen to share the same name with. The full article is well worth a read to see how such actions by Disney and other entertainment giants are affecting the developing world in detrimental ways.
If Mickey Mouse’s films ever do enter (or are acknowledged as entering) the public domain, it will allow people to view them, edit them, remix them and so forth, it will not however, allow anyone to sell any merchandise branded as being “Mickey Mouse” merchandise. Why? Because unless they are officially sanctioned by the Walt Disney Company, they will be in breach of trademark law.
So, to answer the original question:
Mickey Mouse’s films will enter the public domain when their copyright terms expire. As of right now, that is 2020 for Steamboat Willie (barring further term extensions). As long as Disney maintains their trademark over the character, he will remain for their exclusive use indefinitely.
*As you may well be aware, when two market sectors do collide, a lawsuit results, as happened when Apple Computer launched iTunes, a breach of an agreement with Apple Corps.
Animators and The Law: When Will Mickey Mouse Enter the Public Domain? Read More »
