[videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread David Howell



Andrew, just go back, sign up with Veoh and be done with it.

David
http://www.davidhowellstudios.com

--- In videoblogging@yahoogroups.com, andrew michael baron
[EMAIL PROTECTED] wrote:

 Shut up? Thanks for the great advise Josh.
 
 The point of the matter is that David last said this:
 
  Uhhh...Gumby isnt public domain.
 
 and he also said this:
 
   It looks like Veoh and their promise to rid their site of
   copyrighted
   material was rather empty.
 
 These statements are false.
 
 Let it be known people on the videoblogging list that these 
 statements are not true.
 
 If I dont speak up, no one else will.
 
 
 
 
 On Apr 24, 2006, at 1:37 AM, Josh Leo wrote:
 
  what the heck is going on here... both of you shut up and start 
  talking about the issue at hand here... put your ego's aside and 
  have beneficial discussion,.,
 
  On 4/24/06, andrew michael baron [EMAIL PROTECTED] wrote:
  Way to stay off-topic and avoid your dishonest and false statements.
  None of it is your fault per say, and I assume you can't help it, but
  I only addressed you to let you know that you were wrong.
 
  On Apr 24, 2006, at 1:19 AM, David Howell wrote:
 
   Oh Andrew...please feel free to get your stubby little fingers 
  typing
   away then. Rather than write back to me though, address whatever 
  it is
   you have to say to the owners of the Gumby copyright.
  
   David
   http://www.davidhowellstudios.com
  
   --- In videoblogging@yahoogroups.com, andrew michael baron
   andrew@ wrote:
  
   David, I could add a pretty long rant about knee jerking responses
   but I'll just suck it up and get right to the point:
  
   Copyrights and trademarks can expire, lapse or be changed for a
   number of reasons. I have found that in fact there are several 
  Gumby
   cartoons that are a part of the public domain. Here are a few:
   http://tinyurl.com/p283s
  
  
   On Apr 23, 2006, at 9:45 PM, David Howell wrote:
  
   Uhhh...Gumby isnt public domain. The little guy is far from that.
  
   http://www.gumbyworld.com/copy.htm
  
   It looks like Veoh and their promise to rid their site of
   copyrighted
   material was rather empty.
  
   David
   http://www.davidhowellstudios.com
  
   --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:
  
   I don't know if that's true that Gumby is public domain - it's 
  60's
   right?
  
   However if stuff is in the public domain, yes one is free to make
   any kind
   of derivative work, and then even copyright that work.
  
   Hence the development of such animals as the GPL in order to 
  ensure
   that 'free' works can only be spawned into further 'free' works.
  
   joly
  
   At 03:24 PM 4/22/2006, you wrote:
   I noticed on Veoh, they have a complete Gumby video on the home
   page in the 'featured videos' section.
   http://veoh.comhttp://veoh.com/
  
   I assume the particular Gumby video
http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public 
  domain
   because Michael Eisner is featuring it, along with a couple of
   complete Superman videos that I have seen tagged as public 
  domain on
   the Archive before.
  
   Since I am then allowed to use the public domain video of 
  Gumby to
   create or recreate my own work, or version, wouldn't that mean
   that I
   may also freely refashion Gumby for a contemporary world? In
   otherwords, if I am able use the video myself to make my own
   video, I
   would make a new Gumby out of the old Gumby. I would use the
   music in
   the video, mash the likeness, reshape him a bit physically 
  speaking,
   but would especially make his psyche much different; he would 
  do and
   say different kinds of things and have different body 
  behaviors, for
   instance. I might have some plans to add a couple of permeant
   deformations to his walk and give his a few classic behavioral
   problems, for instance. Gumby himself could change and evolve
   instead
   of be trapped in time, the way he is now. Perhaps I could give
   the new
   Gumby away for free and encourage others to take him and develop
   him.
   Gumby could be reborn into a global star!
  
   Would I be allowed to do all of the above with my public domain
   Gumby without getting into trouble with the Gumby trademark and
   other
   later, non-public domain Gumby stuff claimed to be owned entirely
   by a
   private entity?
http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q
  
   I would assume that somehow, I would not be able to reshape 
  Gumby,
   even if I did it all with the materials that I got from the public
   domain Gumby video.
  
   Surely, there is a conflict here and I would assume there is a
   simple answer that has already been worked out legally. Does 
  anyone
   know what that would be?
  
  
  
  
  
  
   --
  
   ---
   WWWhatsup NYC
   http://pinstand.com - http://punkcast.com
   ---
  
  
  
  
 

[videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread JD Lasica



Hi Andrew, it's too bad your email query didn't get more thoughtful
responses here. I suspect it's because it's largely a legal question,
and most of us aren't lawyers. Be that as it may ...

You're right: varioius early versions of Gumby are indeed in the
public domain. Here are 8 PD gumby cartoons:

http://www.amazon.com/gp/product/B0002VKLQK/103-5161085-4495048?v=glancen=130

To your larger question about creating derivative works: I'm no
attorney, but my understanding is that

- you're free to make derivative works from any work in the public
domain, including these Gumby cartoons

- you could copyright your specific work but not Gumby's likeness,
since he has been re-copyrighted. So your scenario of giving away
Gumby likely wouldn't work.

- trademarks are a whole nuther ball of wax.

There are lots of examples of copyrighted works enterting the public
domain, and then corporations trying to exercise retroactive claims
over the use of such works. They can't. Still, it's a somewhat murky
area of the law -- which is what these corporatons are counting on. I
wouldn't assume that a simple answer has been worked out -- it's not
in their interests to provide clearcut answers.

Shall I ask my lawyer friends to weigh in? :~)

jd lasica
realpeoplenetwork.com


  




  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Andreas Haugstrup



On Mon, 24 Apr 2006 09:24:02 +0200, JD Lasica [EMAIL PROTECTED] wrote:

 Hi Andrew, it's too bad your email query didn't get more thoughtful
 responses here. I suspect it's because it's largely a legal question,
 and most of us aren't lawyers. Be that as it may ...

I usually don't mind giving my opinion even though I'm not a lawyer, but 
when I saw Andrew's email last night the issue struck me as particulary 
confusing/complex. I don't know what my opinion is. :o)

 Shall I ask my lawyer friends to weigh in? :~)

I'd love to hear what they have to say.

-- 
Andreas Haugstrup Pedersen
URL: http://www.solitude.dk/ 
Commentary on media, communication, culture and technology.


  




  
  
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[videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Chuck Olsen




We're going to need an extra day at Vloggercon for cage matches.

--- In videoblogging@yahoogroups.com, Josh Leo [EMAIL PROTECTED] wrote:

 what the heck is going on here... both of you shut up and start talking
 about the issue at hand here... put your ego's aside and have beneficial
 discussion,.,





  




  
  
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[videoblogging] Re: Trademark/Copyrights Question/Lime Jello

2006-04-24 Thread missbhavens1969



I can think of at least five matches that I'd totally bet money on. For some I'd like the added 
fun of a kiddie pool full of lime jello.

I can hear it now: Vlogger Smack-Down '06. We'll sell you the whole seat but you'll only need 
the edge!


--- In videoblogging@yahoogroups.com, Chuck Olsen [EMAIL PROTECTED] wrote:

 
 We're going to need an extra day at Vloggercon for cage matches.
 
 --- In videoblogging@yahoogroups.com, Josh Leo joshleo@ wrote:
 
  what the heck is going on here... both of you shut up and start talking
  about the issue at hand here... put your ego's aside and have beneficial
  discussion,.,










  
  
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[videoblogging] Re: Trademark/Copyrights Question/Lime Jello

2006-04-24 Thread Casey McKinnon



I hope you'll be betting in my favour, Bekah... I may not be in this
debate/smackdown thread but I can always fight on behalf of someone...
like Feyd-Rawtha Harkonnen fighting on behalf of the Padishah Emperor
in Dune... 

Casey, ready to kick vlogass.


--- In videoblogging@yahoogroups.com, missbhavens1969
[EMAIL PROTECTED] wrote:

 I can think of at least five matches that I'd totally bet money on.
For some I'd like the added 
 fun of a kiddie pool full of lime jello.
 
 I can hear it now: Vlogger Smack-Down '06. We'll sell you the whole
seat but you'll only need 
 the edge!
 
 
 --- In videoblogging@yahoogroups.com, Chuck Olsen
reallystinkyguy@ wrote:
 
  
  We're going to need an extra day at Vloggercon for cage matches.
  
  --- In videoblogging@yahoogroups.com, Josh Leo joshleo@ wrote:
  
   what the heck is going on here... both of you shut up and start
talking
   about the issue at hand here... put your ego's aside and have
beneficial
   discussion,.,
 







  




  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread andrew michael baron



We are not having a problem at all right now, but I always think 
about this with regards to our theme song that we have adopted, Zoom 
a Little Zoom.

It came from an album called Space Songs with Tom Glazer, a popular 
1940's folk musician:
http://www.acme.com/jef/singing_science/

Unlike the rest of the albums in the six-LP set produced around the 
same time, this album experienced a lapse in copyright and for some 
reason, perhaps accidentally (I think they simply forgot at the 
time), the album entered into the public domain.

Today, as we have adopted the song for Rocketboom, the song seems to 
be at risk of becoming more associated with Rocketboom than it's 
original context. We also often use the other songs in the album to 
tie in our own thematic.

Its just something I'm curious about; I wouldn't want to go back and 
take down or edit out all that music in the future.



On Apr 24, 2006, at 3:44 AM, Andreas Haugstrup wrote:

 On Mon, 24 Apr 2006 09:24:02 +0200, JD Lasica [EMAIL PROTECTED] 
 wrote:

 Hi Andrew, it's too bad your email query didn't get more thoughtful
 responses here. I suspect it's because it's largely a legal question,
 and most of us aren't lawyers. Be that as it may ...

 I usually don't mind giving my opinion even though I'm not a 
 lawyer, but
 when I saw Andrew's email last night the issue struck me as 
 particulary
 confusing/complex. I don't know what my opinion is. :o)

 Shall I ask my lawyer friends to weigh in? :~)

 I'd love to hear what they have to say.

 -- 
 Andreas Haugstrup Pedersen
 URL: http://www.solitude.dk/ 
 Commentary on media, communication, culture and technology.



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[videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Casey McKinnon



It's funny because I used a public domain version of Cole Porter's
Let's Do It for the end titles of Kitkast and although it sounds
like a nice sweet song, it had a few racist slurs that I cut out of
the clip I used. The line was:

Chinks do it, Japs do it...

I was shocked when I first heard it... Rudy and I think it may have
fallen in the public domain because of those racist slurs.

Casey
http://www.kitkast.com/
 

--- In videoblogging@yahoogroups.com, andrew michael baron
[EMAIL PROTECTED] wrote:

 We are not having a problem at all right now, but I always think 
 about this with regards to our theme song that we have adopted, Zoom 
 a Little Zoom.
 
 It came from an album called Space Songs with Tom Glazer, a popular 
 1940's folk musician:
 http://www.acme.com/jef/singing_science/
 
 Unlike the rest of the albums in the six-LP set produced around the 
 same time, this album experienced a lapse in copyright and for some 
 reason, perhaps accidentally (I think they simply forgot at the 
 time), the album entered into the public domain.
 
 Today, as we have adopted the song for Rocketboom, the song seems to 
 be at risk of becoming more associated with Rocketboom than it's 
 original context. We also often use the other songs in the album to 
 tie in our own thematic.
 
 Its just something I'm curious about; I wouldn't want to go back and 
 take down or edit out all that music in the future.
 
 
 
 On Apr 24, 2006, at 3:44 AM, Andreas Haugstrup wrote:
 
  On Mon, 24 Apr 2006 09:24:02 +0200, JD Lasica [EMAIL PROTECTED] 
  wrote:
 
  Hi Andrew, it's too bad your email query didn't get more thoughtful
  responses here. I suspect it's because it's largely a legal question,
  and most of us aren't lawyers. Be that as it may ...
 
  I usually don't mind giving my opinion even though I'm not a 
  lawyer, but
  when I saw Andrew's email last night the issue struck me as 
  particulary
  confusing/complex. I don't know what my opinion is. :o)
 
  Shall I ask my lawyer friends to weigh in? :~)
 
  I'd love to hear what they have to say.
 
  -- 
  Andreas Haugstrup Pedersen
  URL: http://www.solitude.dk/ 
  Commentary on media, communication, culture and technology.
 
 
 
  Yahoo! Groups Links
 
 
 
 
 
 











  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Charles Iliya Krempeaux



Hello,This is one of the areas when SMIL would be useful.(For those who don't know what SMIL is...) SMIL is a markup language like HTML. But designed with our type of stuff in mind.With it, swap out a 
song (in SMIL) as easily as you could swap out an image (in HTML).See yaOn 4/24/06, 
andrew michael baron [EMAIL PROTECTED] wrote:
We are not having a problem at all right now, but I always thinkabout this with regards to our theme song that we have adopted, Zooma Little Zoom.It came from an album called Space Songs with Tom Glazer, a popular
1940's folk musician:http://www.acme.com/jef/singing_science/Unlike the rest of the albums in the six-LP set produced around thesame time, this album experienced a lapse in copyright and for some
reason, perhaps accidentally (I think they simply forgot at thetime), the album entered into the public domain.Today, as we have adopted the song for Rocketboom, the song seems tobe at risk of becoming more associated with Rocketboom than it's
original context. We also often use the other songs in the album totie in our own thematic.Its just something I'm curious about; I wouldn't want to go back andtake down or edit out all that music in the future.
On Apr 24, 2006, at 3:44 AM, Andreas Haugstrup wrote: On Mon, 24 Apr 2006 09:24:02 +0200, JD Lasica [EMAIL PROTECTED] wrote:
 Hi Andrew, it's too bad your email query didn't get more thoughtful responses here. I suspect it's because it's largely a legal question, and most of us aren't lawyers. Be that as it may ...
 I usually don't mind giving my opinion even though I'm not a lawyer, but when I saw Andrew's email last night the issue struck me as particulary confusing/complex. I don't know what my opinion is. :o)
 Shall I ask my lawyer friends to weigh in? :~) I'd love to hear what they have to say. -- Andreas Haugstrup Pedersen URL: 
http://www.solitude.dk/  Commentary on media, communication, culture and technology.-- 
Charles Iliya Krempeaux, B.Sc.
charles @ reptile.casupercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
___
Make Televisionhttp://maketelevision.com/



  




  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Deirdre Straughan



On 4/24/06, Casey McKinnon [EMAIL PROTECTED] wrote:

 I was shocked when I first heard it... Rudy and I think it may have
 fallen in the public domain because of those racist slurs.

Let's Do It is in the public domain? How did you determine that?

I wouldn't get too exercised about the lyrics. When originally
written, they were probably neutral, at least to white people. Not so
long ago, it was acceptable to call black people negroes.

As far as I can tell (having listen to a lot of Cole Porter), there
are various versions of some songs depending on how they were used,
e.g. originally as numbers in a musical, later adapted as stand-alone
songs. The line I get no kick from cocaine from I Get a Kick Out of
You evidently bothered nobody in the 20s, but was excised from some
later versions, then reinstated for the Broadway show Anything Goes
in the 1980s. That show itself was kind of a compilation of Porter
favorites.

--
best regards,
Deirdré Straughan

www.beginningwithi.com (personal)
www.tvblob.com (work)





  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread WWWhatsup



 One [proposal] would, for instance, create a new federal crime of just trying to commit copyright infringement. 


CHAIRMAN SMITH READIES NEW DIGITAL COPYRIGHT BILL
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
For the last few years, a coalition of technology companies, academics and computer programmers has been trying to persuade Congress to scale back the Digital Millennium Copyright Act. Now Congress is preparing to do precisely the opposite. A proposed copyright law would expand the DMCA's restrictions on software that can bypass copy protections and grant federal police more wiretapping and enforcement powers. The draft legislation, created by the Bush administration and backed by Rep. Lamar Smith (R-TX), already enjoys the support of large copyright holders such as the Recording Industry Association of America. The 24-page bill is a far-reaching medley of different proposals cobbled together. One would, for instance, create a new federal crime of just trying to commit copyright infringement. Such willful attempts at piracy, even if they fail, could be punished by up to 10 years in prison. Rep Smith is the chairman of the U.S. House of Representatives subcommittee that oversees intellectual-property law. Rep Smith's press secretary, Terry Shawn, said Friday that the Intellectual Property Protection Act of 2006 is expected to be introduced in the near future.
http://news.com.com/Congress+readies+new+digital+copyright+bill/2100-1028_3-6064016.html?tag=html.alert

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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Adrian Miles



around the 24/4/06 andrew michael baron mentioned about Re: 
[videoblogging] Re: Trademark/Copyrights Question that:
Unlike the rest of the albums in the six-LP set produced around the 
same time, this album experienced a lapse in copyright and for some 
reason, perhaps accidentally (I think they simply forgot at the
time), the album entered into the public domain.

just to confuse matters more. Because it is public domain in one 
market does not mean it is the case in others. The Australian 
Copyright Council has an awesome website, which while obviously about 
local rules does in most cases provide reasonable guides to 
elsewhere. It has pdfs on pretty much every possible use of material.
URL: http://www.copyright.org.au/ 
URL; http://www.copyright.org.au/specialinterest/film.htm 
URL: http://www.copyright.org.au/publications/infosheets.htm 

YMMV
-- 
cheers
Adrian Miles
this email is bloggable [ ] ask first [ ] private [x]
hypertext.RMIT URL:http://hypertext.rmit.edu.au/admin/briefEmail.html 





  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-24 Thread Anne Walk



thanks for the links, Adrian! very useful info for everyone.On 4/24/06, Adrian Miles [EMAIL PROTECTED]
 wrote:around the 24/4/06 andrew michael baron mentioned about Re:[videoblogging] Re: Trademark/Copyrights Question that:
Unlike the rest of the albums in the six-LP set produced around thesame time, this album experienced a lapse in copyright and for somereason, perhaps accidentally (I think they simply forgot at the
time), the album entered into the public domain.just to confuse matters more. Because it is public domain in onemarket does not mean it is the case in others. The AustralianCopyright Council has an awesome website, which while obviously about
local rules does in most cases provide reasonable guides toelsewhere. It has pdfs on pretty much every possible use of material.URL: http://www.copyright.org.au/ 
URL; http://www.copyright.org.au/specialinterest/film.htm URL: http://www.copyright.org.au/publications/infosheets.htm
 YMMV--cheersAdrian Milesthis email is bloggable [ ] ask first [ ] private [x]hypertext.RMIT URL:http://hypertext.rmit.edu.au/admin/briefEmail.html
 Yahoo! Groups Links* To visit your group on the web, go to:http://groups.yahoo.com/group/videoblogging/* To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]* Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/-- Anne Walkhttp://loadedpun.com


  




  
  
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[videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread David Howell



Uhhh...Gumby isnt public domain. The little guy is far from that.

http://www.gumbyworld.com/copy.htm

It looks like Veoh and their promise to rid their site of copyrighted
material was rather empty.

David
http://www.davidhowellstudios.com

--- In videoblogging@yahoogroups.com, WWWhatsup [EMAIL PROTECTED] wrote:

 I don't know if that's true that Gumby is public domain - it's 60's
right?
 
 However if stuff is in the public domain, yes one is free to make
any kind
 of derivative work, and then even copyright that work.
 
 Hence the development of such animals as the GPL in order to ensure
 that 'free' works can only be spawned into further 'free' works.
 
 joly
 
 At 03:24 PM 4/22/2006, you wrote:
 I noticed on Veoh, they have a complete Gumby video on the home
page in the 'featured videos' section.
 http://veoh.comhttp://veoh.com/
 
 I assume the particular Gumby video
http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain
because Michael Eisner is featuring it, along with a couple of
complete Superman videos that I have seen tagged as public domain on
the Archive before.
 
 Since I am then allowed to use the public domain video of Gumby to
create or recreate my own work, or version, wouldn't that mean that I
may also freely refashion Gumby for a contemporary world? In
otherwords, if I am able use the video myself to make my own video, I
would make a new Gumby out of the old Gumby. I would use the music in
the video, mash the likeness, reshape him a bit physically speaking,
but would especially make his psyche much different; he would do and
say different kinds of things and have different body behaviors, for
instance. I might have some plans to add a couple of permeant
deformations to his walk and give his a few classic behavioral
problems, for instance. Gumby himself could change and evolve instead
of be trapped in time, the way he is now. Perhaps I could give the new
Gumby away for free and encourage others to take him and develop him.
Gumby could be reborn into a global star!
 
 Would I be allowed to do all of the above with my public domain
Gumby without getting into trouble with the Gumby trademark and other
later, non-public domain Gumby stuff claimed to be owned entirely by a
private entity?
 http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q
 
 I would assume that somehow, I would not be able to reshape Gumby,
even if I did it all with the materials that I got from the public
domain Gumby video.
 
 Surely, there is a conflict here and I would assume there is a
simple answer that has already been worked out legally. Does anyone
know what that would be?
 
 
 
 
 
 
 --
 
 ---
 WWWhatsup NYC
 http://pinstand.com - http://punkcast.com
 ---










  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread andrew michael baron



David, I could add a pretty long rant about knee jerking responses 
but I'll just suck it up and get right to the point:

Copyrights and trademarks can expire, lapse or be changed for a 
number of reasons. I have found that in fact there are several Gumby 
cartoons that are a part of the public domain. Here are a few:
http://tinyurl.com/p283s


On Apr 23, 2006, at 9:45 PM, David Howell wrote:

 Uhhh...Gumby isnt public domain. The little guy is far from that.

 http://www.gumbyworld.com/copy.htm

 It looks like Veoh and their promise to rid their site of copyrighted
 material was rather empty.

 David
 http://www.davidhowellstudios.com

 --- In videoblogging@yahoogroups.com, WWWhatsup [EMAIL PROTECTED] wrote:

 I don't know if that's true that Gumby is public domain - it's 60's
 right?

 However if stuff is in the public domain, yes one is free to make
 any kind
 of derivative work, and then even copyright that work.

 Hence the development of such animals as the GPL in order to ensure
 that 'free' works can only be spawned into further 'free' works.

 joly

 At 03:24 PM 4/22/2006, you wrote:
 I noticed on Veoh, they have a complete Gumby video on the home
 page in the 'featured videos' section.
 http://veoh.comhttp://veoh.com/

 I assume the particular Gumby video
 http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain
 because Michael Eisner is featuring it, along with a couple of
 complete Superman videos that I have seen tagged as public domain on
 the Archive before.

 Since I am then allowed to use the public domain video of Gumby to
 create or recreate my own work, or version, wouldn't that mean that I
 may also freely refashion Gumby for a contemporary world? In
 otherwords, if I am able use the video myself to make my own video, I
 would make a new Gumby out of the old Gumby. I would use the music in
 the video, mash the likeness, reshape him a bit physically speaking,
 but would especially make his psyche much different; he would do and
 say different kinds of things and have different body behaviors, for
 instance. I might have some plans to add a couple of permeant
 deformations to his walk and give his a few classic behavioral
 problems, for instance. Gumby himself could change and evolve instead
 of be trapped in time, the way he is now. Perhaps I could give the new
 Gumby away for free and encourage others to take him and develop him.
 Gumby could be reborn into a global star!

 Would I be allowed to do all of the above with my public domain
 Gumby without getting into trouble with the Gumby trademark and other
 later, non-public domain Gumby stuff claimed to be owned entirely by a
 private entity?
 http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q

 I would assume that somehow, I would not be able to reshape Gumby,
 even if I did it all with the materials that I got from the public
 domain Gumby video.

 Surely, there is a conflict here and I would assume there is a
 simple answer that has already been worked out legally. Does anyone
 know what that would be?






 --

 ---
 WWWhatsup NYC
 http://pinstand.com - http://punkcast.com
 ---








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[videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread David Howell



Oh Andrew...please feel free to get your stubby little fingers typing
away then. Rather than write back to me though, address whatever it is
you have to say to the owners of the Gumby copyright.

David
http://www.davidhowellstudios.com

--- In videoblogging@yahoogroups.com, andrew michael baron
[EMAIL PROTECTED] wrote:

 David, I could add a pretty long rant about knee jerking responses 
 but I'll just suck it up and get right to the point:
 
 Copyrights and trademarks can expire, lapse or be changed for a 
 number of reasons. I have found that in fact there are several Gumby 
 cartoons that are a part of the public domain. Here are a few:
 http://tinyurl.com/p283s
 
 
 On Apr 23, 2006, at 9:45 PM, David Howell wrote:
 
  Uhhh...Gumby isnt public domain. The little guy is far from that.
 
  http://www.gumbyworld.com/copy.htm
 
  It looks like Veoh and their promise to rid their site of copyrighted
  material was rather empty.
 
  David
  http://www.davidhowellstudios.com
 
  --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:
 
  I don't know if that's true that Gumby is public domain - it's 60's
  right?
 
  However if stuff is in the public domain, yes one is free to make
  any kind
  of derivative work, and then even copyright that work.
 
  Hence the development of such animals as the GPL in order to ensure
  that 'free' works can only be spawned into further 'free' works.
 
  joly
 
  At 03:24 PM 4/22/2006, you wrote:
  I noticed on Veoh, they have a complete Gumby video on the home
  page in the 'featured videos' section.
  http://veoh.comhttp://veoh.com/
 
  I assume the particular Gumby video
  http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain
  because Michael Eisner is featuring it, along with a couple of
  complete Superman videos that I have seen tagged as public domain on
  the Archive before.
 
  Since I am then allowed to use the public domain video of Gumby to
  create or recreate my own work, or version, wouldn't that mean that I
  may also freely refashion Gumby for a contemporary world? In
  otherwords, if I am able use the video myself to make my own video, I
  would make a new Gumby out of the old Gumby. I would use the music in
  the video, mash the likeness, reshape him a bit physically speaking,
  but would especially make his psyche much different; he would do and
  say different kinds of things and have different body behaviors, for
  instance. I might have some plans to add a couple of permeant
  deformations to his walk and give his a few classic behavioral
  problems, for instance. Gumby himself could change and evolve instead
  of be trapped in time, the way he is now. Perhaps I could give the new
  Gumby away for free and encourage others to take him and develop him.
  Gumby could be reborn into a global star!
 
  Would I be allowed to do all of the above with my public domain
  Gumby without getting into trouble with the Gumby trademark and other
  later, non-public domain Gumby stuff claimed to be owned entirely by a
  private entity?
  http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q
 
  I would assume that somehow, I would not be able to reshape Gumby,
  even if I did it all with the materials that I got from the public
  domain Gumby video.
 
  Surely, there is a conflict here and I would assume there is a
  simple answer that has already been worked out legally. Does anyone
  know what that would be?
 
 
 
 
 
 
  --
 
  ---
  WWWhatsup NYC
  http://pinstand.com - http://punkcast.com
  ---
 
 
 
 
 
 
 
 
  Yahoo! Groups Links
 
 
 
 
 
 
 











  
  
SPONSORED LINKS
  
  
  

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Use
  
  

   
  







  
  
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread andrew michael baron



Way to stay off-topic and avoid your dishonest and false statements. 
None of it is your fault per say, and I assume you can't help it, but 
I only addressed you to let you know that you were wrong.

On Apr 24, 2006, at 1:19 AM, David Howell wrote:

 Oh Andrew...please feel free to get your stubby little fingers typing
 away then. Rather than write back to me though, address whatever it is
 you have to say to the owners of the Gumby copyright.

 David
 http://www.davidhowellstudios.com

 --- In videoblogging@yahoogroups.com, andrew michael baron
 [EMAIL PROTECTED] wrote:

 David, I could add a pretty long rant about knee jerking responses
 but I'll just suck it up and get right to the point:

 Copyrights and trademarks can expire, lapse or be changed for a
 number of reasons. I have found that in fact there are several Gumby
 cartoons that are a part of the public domain. Here are a few:
 http://tinyurl.com/p283s


 On Apr 23, 2006, at 9:45 PM, David Howell wrote:

 Uhhh...Gumby isnt public domain. The little guy is far from that.

 http://www.gumbyworld.com/copy.htm

 It looks like Veoh and their promise to rid their site of 
 copyrighted
 material was rather empty.

 David
 http://www.davidhowellstudios.com

 --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:

 I don't know if that's true that Gumby is public domain - it's 60's
 right?

 However if stuff is in the public domain, yes one is free to make
 any kind
 of derivative work, and then even copyright that work.

 Hence the development of such animals as the GPL in order to ensure
 that 'free' works can only be spawned into further 'free' works.

 joly

 At 03:24 PM 4/22/2006, you wrote:
 I noticed on Veoh, they have a complete Gumby video on the home
 page in the 'featured videos' section.
 http://veoh.comhttp://veoh.com/

 I assume the particular Gumby video
 http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain
 because Michael Eisner is featuring it, along with a couple of
 complete Superman videos that I have seen tagged as public domain on
 the Archive before.

 Since I am then allowed to use the public domain video of Gumby to
 create or recreate my own work, or version, wouldn't that mean 
 that I
 may also freely refashion Gumby for a contemporary world? In
 otherwords, if I am able use the video myself to make my own 
 video, I
 would make a new Gumby out of the old Gumby. I would use the 
 music in
 the video, mash the likeness, reshape him a bit physically speaking,
 but would especially make his psyche much different; he would do and
 say different kinds of things and have different body behaviors, for
 instance. I might have some plans to add a couple of permeant
 deformations to his walk and give his a few classic behavioral
 problems, for instance. Gumby himself could change and evolve 
 instead
 of be trapped in time, the way he is now. Perhaps I could give 
 the new
 Gumby away for free and encourage others to take him and develop 
 him.
 Gumby could be reborn into a global star!

 Would I be allowed to do all of the above with my public domain
 Gumby without getting into trouble with the Gumby trademark and 
 other
 later, non-public domain Gumby stuff claimed to be owned entirely 
 by a
 private entity?
 http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q

 I would assume that somehow, I would not be able to reshape Gumby,
 even if I did it all with the materials that I got from the public
 domain Gumby video.

 Surely, there is a conflict here and I would assume there is a
 simple answer that has already been worked out legally. Does anyone
 know what that would be?






 --

 ---
 WWWhatsup NYC
 http://pinstand.com - http://punkcast.com
 ---








 Yahoo! Groups Links
















 Yahoo! Groups Links












  
  
SPONSORED LINKS
  
  
  

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Individual
  
  
Use
  
  

   
  







  
  
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  Visit your group "videoblogging" on the web.
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread Josh Leo



what the heck is going on here... both of you shut up and start talking about the issue at hand here... put your ego's aside and have beneficial discussion,.,On 4/24/06, 
andrew michael baron [EMAIL PROTECTED] wrote:
Way to stay off-topic and avoid your dishonest and false statements.None of it is your fault per say, and I assume you can't help it, butI only addressed you to let you know that you were wrong.On Apr 24, 2006, at 1:19 AM, David Howell wrote:
 Oh Andrew...please feel free to get your stubby little fingers typing away then. Rather than write back to me though, address whatever it is you have to say to the owners of the Gumby copyright.
 David http://www.davidhowellstudios.com --- In videoblogging@yahoogroups.com, andrew michael baron
 [EMAIL PROTECTED] wrote: David, I could add a pretty long rant about knee jerking responses but I'll just suck it up and get right to the point: Copyrights and trademarks can expire, lapse or be changed for a
 number of reasons. I have found that in fact there are several Gumby cartoons that are a part of the public domain. Here are a few: http://tinyurl.com/p283s
 On Apr 23, 2006, at 9:45 PM, David Howell wrote: Uhhh...Gumby isnt public domain. The little guy is far from that. 
http://www.gumbyworld.com/copy.htm It looks like Veoh and their promise to rid their site of copyrighted material was rather empty. David
 http://www.davidhowellstudios.com --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:
 I don't know if that's true that Gumby is public domain - it's 60's right? However if stuff is in the public domain, yes one is free to make
 any kind of derivative work, and then even copyright that work. Hence the development of such animals as the GPL in order to ensure that 'free' works can only be spawned into further 'free' works.
 joly At 03:24 PM 4/22/2006, you wrote: I noticed on Veoh, they have a complete Gumby video on the home page in the 'featured videos' section.
 http://veoh.comhttp://veoh.com/ I assume the particular Gumby video 
http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain because Michael Eisner is featuring it, along with a couple of
 complete Superman videos that I have seen tagged as public domain on the Archive before. Since I am then allowed to use the public domain video of Gumby to
 create or recreate my own work, or version, wouldn't that mean that I may also freely refashion Gumby for a contemporary world? In otherwords, if I am able use the video myself to make my own
 video, I would make a new Gumby out of the old Gumby. I would use the music in the video, mash the likeness, reshape him a bit physically speaking, but would especially make his psyche much different; he would do and
 say different kinds of things and have different body behaviors, for instance. I might have some plans to add a couple of permeant deformations to his walk and give his a few classic behavioral
 problems, for instance. Gumby himself could change and evolve instead of be trapped in time, the way he is now. Perhaps I could give the new Gumby away for free and encourage others to take him and develop
 him. Gumby could be reborn into a global star! Would I be allowed to do all of the above with my public domain Gumby without getting into trouble with the Gumby trademark and
 other later, non-public domain Gumby stuff claimed to be owned entirely by a private entity? 
http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q I would assume that somehow, I would not be able to reshape Gumby, even if I did it all with the materials that I got from the public
 domain Gumby video. Surely, there is a conflict here and I would assume there is a simple answer that has already been worked out legally. Does anyone
 know what that would be? --
 ---WWWhatsup NYC http://pinstand.com - 
http://punkcast.com ---
 Yahoo! Groups Links
 Yahoo! Groups LinksYahoo! Groups Links* To visit your group on the web, go to:
http://groups.yahoo.com/group/videoblogging/* To unsubscribe from this group, send an email to:[EMAIL PROTECTED]
* Your use of Yahoo! Groups is subject to:http://docs.yahoo.com/info/terms/-- Josh Leo
www.JoshLeo.com





  
  
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[videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread David Howell



My dishonest and false statements? I posted a link to a site that says
they hold all the copyrights on the Gumby character. Fire off an email
to them informing them that they are wrong.

Go piss up someone elses tree you little twerp.

David
http://www.davidhowellstudios.com

--- In videoblogging@yahoogroups.com, andrew michael baron
[EMAIL PROTECTED] wrote:

 Way to stay off-topic and avoid your dishonest and false statements. 
 None of it is your fault per say, and I assume you can't help it, but 
 I only addressed you to let you know that you were wrong.
 
 On Apr 24, 2006, at 1:19 AM, David Howell wrote:
 
  Oh Andrew...please feel free to get your stubby little fingers typing
  away then. Rather than write back to me though, address whatever it is
  you have to say to the owners of the Gumby copyright.
 
  David
  http://www.davidhowellstudios.com
 
  --- In videoblogging@yahoogroups.com, andrew michael baron
  andrew@ wrote:
 
  David, I could add a pretty long rant about knee jerking responses
  but I'll just suck it up and get right to the point:
 
  Copyrights and trademarks can expire, lapse or be changed for a
  number of reasons. I have found that in fact there are several Gumby
  cartoons that are a part of the public domain. Here are a few:
  http://tinyurl.com/p283s
 
 
  On Apr 23, 2006, at 9:45 PM, David Howell wrote:
 
  Uhhh...Gumby isnt public domain. The little guy is far from that.
 
  http://www.gumbyworld.com/copy.htm
 
  It looks like Veoh and their promise to rid their site of 
  copyrighted
  material was rather empty.
 
  David
  http://www.davidhowellstudios.com
 
  --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:
 
  I don't know if that's true that Gumby is public domain - it's 60's
  right?
 
  However if stuff is in the public domain, yes one is free to make
  any kind
  of derivative work, and then even copyright that work.
 
  Hence the development of such animals as the GPL in order to ensure
  that 'free' works can only be spawned into further 'free' works.
 
  joly
 
  At 03:24 PM 4/22/2006, you wrote:
  I noticed on Veoh, they have a complete Gumby video on the home
  page in the 'featured videos' section.
  http://veoh.comhttp://veoh.com/
 
  I assume the particular Gumby video
  http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain
  because Michael Eisner is featuring it, along with a couple of
  complete Superman videos that I have seen tagged as public domain on
  the Archive before.
 
  Since I am then allowed to use the public domain video of Gumby to
  create or recreate my own work, or version, wouldn't that mean 
  that I
  may also freely refashion Gumby for a contemporary world? In
  otherwords, if I am able use the video myself to make my own 
  video, I
  would make a new Gumby out of the old Gumby. I would use the 
  music in
  the video, mash the likeness, reshape him a bit physically speaking,
  but would especially make his psyche much different; he would do and
  say different kinds of things and have different body behaviors, for
  instance. I might have some plans to add a couple of permeant
  deformations to his walk and give his a few classic behavioral
  problems, for instance. Gumby himself could change and evolve 
  instead
  of be trapped in time, the way he is now. Perhaps I could give 
  the new
  Gumby away for free and encourage others to take him and develop 
  him.
  Gumby could be reborn into a global star!
 
  Would I be allowed to do all of the above with my public domain
  Gumby without getting into trouble with the Gumby trademark and 
  other
  later, non-public domain Gumby stuff claimed to be owned entirely 
  by a
  private entity?
  http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q
 
  I would assume that somehow, I would not be able to reshape Gumby,
  even if I did it all with the materials that I got from the public
  domain Gumby video.
 
  Surely, there is a conflict here and I would assume there is a
  simple answer that has already been worked out legally. Does anyone
  know what that would be?
 
 
 
 
 
 
  --
 
  ---
  WWWhatsup NYC
  http://pinstand.com - http://punkcast.com
  ---
 
 
 
 
 
 
 
 
  Yahoo! Groups Links
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Yahoo! Groups Links
 
 
 
 
 
 







  




  
  
  YAHOO! GROUPS LINKS



  Visit your group "videoblogging" on the web.
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Re: [videoblogging] Re: Trademark/Copyrights Question

2006-04-23 Thread andrew michael baron


Shut up? Thanks for the great advise Josh.The point of the matter is that David last said this:Uhhh...Gumby isnt public domain. and he also said this: It looks like Veoh and their promise to rid their site of copyrighted material was rather empty.These statements are false. Let it be known people on the videoblogging list that these statements are not true. If I dont speak up, no one else will.On Apr 24, 2006, at 1:37 AM, Josh Leo wrote: what the heck is going on here... both of you shut up and start talking about the issue at hand here... put your ego's aside and have beneficial discussion,.,On 4/24/06,  andrew michael baron [EMAIL PROTECTED] wrote: Way to stay off-topic and avoid your dishonest and false statements.None of it is your fault per say, and I assume you can't help it, butI only addressed you to let you know that you were wrong.On Apr 24, 2006, at 1:19 AM, David Howell wrote:  Oh Andrew...please feel free to get your stubby little fingers typing away then. Rather than write back to me though, address whatever it is you have to say to the owners of the Gumby copyright.  David http://www.davidhowellstudios.com --- In videoblogging@yahoogroups.com, andrew michael baron  [EMAIL PROTECTED] wrote: David, I could add a pretty long rant about knee jerking responses but I'll just suck it up and get right to the point: Copyrights and trademarks can expire, lapse or be changed for a  number of reasons. I have found that in fact there are several Gumby cartoons that are a part of the public domain. Here are a few: http://tinyurl.com/p283s  On Apr 23, 2006, at 9:45 PM, David Howell wrote: Uhhh...Gumby isnt public domain. The little guy is far from that.  http://www.gumbyworld.com/copy.htm It looks like Veoh and their promise to rid their site of copyrighted material was rather empty. David  http://www.davidhowellstudios.com --- In videoblogging@yahoogroups.com, WWWhatsup joly@ wrote:  I don't know if that's true that Gumby is public domain - it's 60's right? However if stuff is in the public domain, yes one is free to make  any kind of derivative work, and then even copyright that work. Hence the development of such animals as the GPL in order to ensure that 'free' works can only be spawned into further 'free' works.  joly At 03:24 PM 4/22/2006, you wrote: I noticed on Veoh, they have a complete Gumby video on the home page in the 'featured videos' section.  http://veoh.comhttp://veoh.com/ I assume the particular Gumby video  http://tinyurl.com/jruf7http://tinyurl.com/jruf7 is public domain because Michael Eisner is featuring it, along with a couple of  complete Superman videos that I have seen tagged as public domain on the Archive before. Since I am then allowed to use the public domain video of Gumby to  create or recreate my own work, or version, wouldn't that mean that I may also freely refashion Gumby for a contemporary world? In otherwords, if I am able use the video myself to make my own  video, I would make a new Gumby out of the old Gumby. I would use the music in the video, mash the likeness, reshape him a bit physically speaking, but would especially make his psyche much different; he would do and  say different kinds of things and have different body behaviors, for instance. I might have some plans to add a couple of permeant deformations to his walk and give his a few classic behavioral  problems, for instance. Gumby himself could change and evolve instead of be trapped in time, the way he is now. Perhaps I could give the new Gumby away for free and encourage others to take him and develop  him. Gumby could be reborn into a global star! Would I be allowed to do all of the above with my public domain Gumby without getting into trouble with the Gumby trademark and  other later, non-public domain Gumby stuff claimed to be owned entirely by a private entity?  http://tinyurl.com/mgu4qhttp://tinyurl.com/mgu4q I would assume that somehow, I would not be able to reshape Gumby, even if I did it all with the materials that I got from the public  domain Gumby video. Surely, there is a conflict here and I would assume there is a simple answer that has already been worked out legally. Does anyone  know what that would be? --  ---  WWWhatsup NYC http://pinstand.com -  http://punkcast.com ---  Yahoo! Groups Links  Yahoo! Groups LinksYahoo! Groups Links* To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/* To unsubscribe from this group, send an email to:[EMAIL PROTECTED] * Your use of Yahoo! Groups is subject to:http://docs.yahoo.com/info/terms/-- Josh Leo www.JoshLeo.com  SPONSORED LINKS  Fireant  Individual  Use YAHOO! GROUPS LINKS  Visit your group "videoblogging" on the web.    To unsubscribe from this group, send an email