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.com>http://veoh.com/
>
>I assume the particular Gumby video <http://tinyurl.com/jruf7>http://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/mgu4q>http://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?
>
>
>
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