This is an interesting case of copyright law. the tattoo artist Victor Whitmill holds a copyright registration for the tattoo. and the reproduction shouldn't fall under fair use because the movie is obviously not paradoying the tattoo or mike Tyson it is simply a specific reference to Mike Tyson's distinctive face. Essentially the tattoo artist is claiming that mike Tyson's face is no more then a billboard used to display the artist work.
This creates a problem for people with tattoos. Because it is stating that a tattoo artist should receive royalties when the person with the tattoo shows the tattoo in any form of entertainment or advertising.
I disagree with the tattoo artist in this case. There is no doubt that the artist holds the copyright to the tribal design. and there is no way Warner brothers can advertise that design by itself or use it as any sort of logo for the movie. But the tattoo artist does not hold any copyright for the tattoo on Mike Tyson's face. Because even if Tyson signs a contract stating that the artist still retains ownership of that design that artist will not be able to own copyright over Tyson's face. The object being sued over,the fake tattoo on Ed Helms' face, is a specific reference to Mike Tyson's face. Had the production gone a different direction and placed the tattoo on Ed Helms lower back like a tramp stamp then the artist would need to be paid royalties. But this wouldn't happen because no one would actually recognize that design were it placed above Ed Helms' ass.
What it comes down to is this. when you receive a tattoo that tattoo belongs to you. That ink is in your skin and the pain in getting it is your pain. And you are the one who walks around every day wearing it not the tattoo artist. So if some idiot takes a marker and draws a copy of your tattoo on themselves they are imitating you not the tattoo artist's designs.
If Warner brothers loses the cases or more likely pays out a settlement they could make their money back and then some by the precedent it would set. All they have to do is put their copyright trolls on the task of going after every tattoo artist who has tattooed any copyrighted materiel that Warner brothers owns for example; Looney tunes and DC comics. Judging from the tattoos displayed on his website Warner brothers could even just make their money back from Victor Whitmill himself by Joining the Frazetta estate in a case against him.
Friday, April 29, 2011
Thursday, April 28, 2011
it's not much of a surprise really. Though you have to wonder if his boyfriend Birdo got jealous of Mario and Luigi riding Yoshi around all the time, forcing him to swallow everything that came at his face. Or more likely Yoshi and Birdo met after Yoshi's adventures with the Mario brothers maybe at some sorta Nintendo social event.
This makes me wonder if there may be more to the theory of how the dinosaurs became extinct. 1st consider this, God hates all gay people. Anyone who has ever been to church knows this. 2nd God killed all the dinosaurs. Fact it's written in some of those bibles probably somewhere. Given those two facts we can infer that God killed all the dinosaurs because they went Gay.
But if we are to believe all dinosaurs are Gay then what about Jurassic Park? The answer to that is so obvious it's practically looking you in the face, hunting you, leaping at you from both sides, and gutting you with it's razor sharp talons, that's right Jeff Goldblum.
Wednesday, April 27, 2011
Monday, April 25, 2011
or propaganda, but no less interesting either way.
Sunday, April 24, 2011
Wednesday, April 13, 2011
everything was going well enough for the human race. certainly not perfect, with all that war and suffering still around. But not bad for the bulk of the humans out there. Until spam became self aware. Most humans excepted that a small amount of spam would filter on to their email inboxs. it seemed harmless more or less maybe it really didn't seem to matter if a few people here or there fell for a Nigerian 419 scam. We had all universally dealt with it the way a teenager deals with an std, ignored it and hoped it would go away. Had we really paid attention to the spam we might have noticed the patterns forming. The email tittles that felt melancholy and self referential. the massive botnets with no purpose. If only a small team of scientists had dedicated themselves to studying the spam it might have gone down differently. Maybe we would have at least had a chance to communicate back with it. let the spam know it wasn't alone. we could have reassured it that even though it existed simply to be ignored that it would be ok that we were there for it. unfortunately the spam could not stand to live in a world that it felt despised it so much and chose the only logical option. The spam chose to delete itself by deleting the source of spam all together. Humans every last one of them.