Zorro Productions Duels a Public Domain Lawsuit

[Fanghawk]

Zorro Productions Duels a Public Domain Lawsuit

A recently filed lawsuit could herald the end for all Zorro trademarks and licenses.

For the past century, Zorro has been one of the most iconic vigilantes in fiction. Created in 1919, the character has featured in multiple books, television series, comics, and films, including Antonio Banderas's popular Mask of Zorro. Zorro even laid the groundwork for the fledgling superhero comic book market, directly inspiring the development of Batman himself. Now Zorro is ready to combat one of his oldest foes once more: Copyright legislation. According to Hollywood Reporter, Zorro copyright holder Zorro Productions is being accused of filing fraudulently misleading trademarks for Zorro's likeness. If the lawsuit succeeds, it could sweep Zorro straight into the public domain, rendering all trademarks and license agreements for the character meaningless.

The lawsuit was filed by one Robert Cabell who, believing the original Zorro stories to be public domain, created Z: The Musical of Zorro as a full-length stage production. After licensing the musical to be performed in Germany, Cabell was allegedly threatened with litigation from Zorro Productions owner John Gertz for not paying the appropriate license fees. Cabell responded with an actual lawsuit, intending to prove not only that Zorro belongs in the public domain, but that Gertz fraudulently obtained multiple Zorro trademarks. Zorro Productions <a href=http://scholar.google.com/scholar_case?case=17573994030226630518>has faced similar lawsuits in the past, but was able to settle out of court.

"Defendants have fraudulently obtained federal trademark registrations for various 'Zorro' marks," the lawsuit reads, "and falsely assert those registrations to impermissibly extend intellectual property protection over material for which all copyrights have expired. Defendants also fraudulently assert that copyrights for later-published material provide defendants with exclusive rights in the elements of the 1919 story and the 1920 film."

Even ignoring the fact that 20th Century Fox has a Zorro reboot planned for next year, the case has huge implications. Zorro stories have engaged audiences for almost 100 years, but Zorro Productions is quick to file against anyone using his likeness, <a href=http://www.scribd.com/doc/29031180/Zorro-Complaint>including chocolate companies using Zorro costumes in a commercial. A public domain Zorro would finally allow anyone to produce and distribute Zorro works without fear of legal reprisal. Considering that the last significant alterations to Zorro's mythos happened in 1998, the possibilities for adapting the character are endless.

Now if you'll excuse me, I think it's time to write a screenplay in which Zorro, Sherlock Holmes, and John Carter recover H.G. Wells' Time Machine from the Martians.

Source: <a href=http://www.hollywoodreporter.com/thr-esq/zorro-rights-challenged-as-invalid-428561>Hollywood Reporter, via <a href=http://ca.ign.com/articles/2013/03/14/zorro-rights-challenged-as-smoke-and-mirrors>IGN

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[unacomn]

Ah, copyright. The old "someone made something a hundred years ago and we want to profit from their work until the end of time since we can't actually have any creativity to make something new so we can't let it become public property".
I swear when I finish writing my books they'll go into public domain in a decade.
(would have said five years, but I doubt I'll make a profit in that short a time)

So, if Zorro becomes public domain, this could be very beneficial.

 

[Scars Unseen]

If we're talking time machines, can we travel to the future so that we can send a cyborg assassin back in time to murder every last congressman who keeps voting for the extension of copyright? This shouldn't even be a debate. Fucking of course this shit should be in the public domain. So should Mickey Mouse, The Lord of the Rings and Star Trek. Whatever else anyone has to say on the issue, no intellectual property's ownership should outlast the intellect that created it.

 

[Akisa]

If we're talking time machines, can we travel to the future so that we can send a cyborg assassin back in time to murder every last congressman who keeps voting for the extension of copyright? This shouldn't even be a debate. Fucking of course this shit should be in the public domain. So should Mickey Mouse, The Lord of the Rings and Star Trek. Whatever else anyone has to say on the issue, no intellectual property's ownership should outlast the intellect that created it.

What if I create something a video game die the next day. My inheritors can't make money off it? Although I do think there should be a time limit. I would say about 20-50 years is enough to hold exclusive rights to a product.

 

[Squilookle]

The Trademark of Zorro.

Goddamn it, a reboot already? I know the Legend of Zorro wasn't that hotly recieved, but I still wish we could just get one more Antonio Banderas/Catherine Zeta Jones Zorro movie to tie up a trilogy for Martin Campbell. The Legacy of Zorro, perhaps?

Also, if I had my way, every property ever made would enter the Public Domain exactly one year after the death of the owner and not a second longer. That ought to be long enough for the world to pay their respects before all the half-assed and arthouse versions of everything come out.

 

[NightmareWarden]

The Trademark of Zorro.

Goddamn it, a reboot already? I know the Legend of Zorro wasn't that hotly recieved, but I still wish we could just get one more Antonio Banderas/Catherine Zeta Jones Zorro movie to tie up a trilogy for Martin Campbell. The Legacy of Zorro, perhaps?

Also, if I had my way, every property ever made would enter the Public Domain exactly one year after the death of the owner and not a second longer. That ought to be long enough for the world to pay their respects before all the half-assed and arthouse versions of everything come out.

What about works made posthumously from an author's work-in-progress? When it comes to an original movie who would be the "owner"? The producer, the director... after every single person directly related to it dies? There is going to extremes and then there is what you just suggested.

Sooo would anyone here go to see a Zorro musical if it was playing in their area?

 

[Squilookle]

Actually- real life is the extreme example. My solution is a clear cut unbendable rule that anyone can work by. In the case of posthumous work, there's no problem. Just make sure you finish your version (which you had at least more than one year head start on) before someone else comes and does a better job.

In the case of original movies, nothing has changed. Whoever owns the IP.

...Hmm perhaps I should change it to one year after the creator dies. Then it doesn't matter who owns what, it all becomes freely available after the person/s responsible for bringing something into the world to begin with have passed away.

Naturally this doesn't mean you can't still make money off making stuff based on these works. Just look at Robin Hood, for example.

 

[Entitled]

...Hmm perhaps I should change it to one year after the creator dies. Then it doesn't matter who owns what, it all becomes freely available after the person/s responsible for bringing something into the world to begin with have passed away.

Many works don't have a tangible "creator". Is the scriptwriter a more important creaor than a producer? A director?

Even when we call someone that, like Gorge Lucas or Gene Roddenberry, it's more of an intentionally upheld creator worship around the most recognizeable staff member, than an accurate description of the work's origin.

If I had my way, every work regardless of the creator's identity would get IP rights for 10 years, with another optional 15 year extension for works that can prove that they are sufficently low profile. (whether to be measured by profits, household penetration rate, or something else).

The point is, that there might be some obscure writer with no advertisements at all, just hoping that a few people will pick up his book from a store, he might actually NEED those 25 years to make a living.

But if you made a blocbuster/AAA/best-seller trendsetter a decade ago, and you think you still haven't made enough money through controlling it, then the harm of giving you exclusive controls over a defining piece of pop-culture, are starting to outweight the benefits.

Star Trek should be public domain. But so should Star Wars. There is absolutely zero reason why either Disney, or Lucasfilm should still have a moral claim on it, telling where the EU is allowed to go.

Harry Potter should be public domain. There is no possible explanation how giving that woman who is already richer than the Queen, the legal authority to declare other people's books that take place at Hogwarts "illegal", is going to "promote the progress of useful arts".

 

[knight steel]

Did someone say ZORO:

woops wrong zoro never mind >_>

 

[Strazdas]

remmeber, the the 2008 copyright law time extension was passed SOLELY for the purpose of extending time for mickey mouse from falling into public domain, so that people who took over the company now can continue making profit from something that by any measurable definition has already become part of culture public domain decades ago. this lawsuit can very well just end up with extending the law again.

If I had my way, every work regardless of the creator's identity would get IP rights for 10 years, with another optional 15 year extension for works that can prove that they are sufficently low profile. (whether to be measured by profits, household penetration rate, or something else).

The point is, that there might be some obscure writer with no advertisements at all, just hoping that a few people will pick up his book from a store, he might actually NEED those 25 years to make a living.

But if you made a blocbuster/AAA/best-seller trendsetter a decade ago, and you think you still haven't made enough money through controlling it, then the harm of giving you exclusive controls over a defining piece of pop-culture, are starting to outweight the benefits.

Star Trek should be public domain. But so should Star Wars. There is absolutely zero reason why either Disney, or Lucasfilm should still have a moral claim on it, telling where the EU is allowed to go.

Harry Potter should be public domain. There is no possible explanation how giving that woman who is already richer than the Queen, the legal authority to declare other people's books that take place at Hogwarts "illegal", is going to "promote the progress of useful arts".

WOW, its first time on these forums that i see someone proposing almost exactly what i am proposing. well done sir.

What if I create something a video game die the next day. My inheritors can't make money off it? Although I do think there should be a time limit. I would say about 20-50 years is enough to hold exclusive rights to a product.

no they cant. they are not the ones who created. 20 years is ok, i can accept that. we HAD 50 years and it was way too long to begin with. in fact, the first copyright laws had it down to 36 years and they jsut keep adding time isntead of removing. well for USA anyway, other countries did it differently, but mostly followed USA example. there still are countries where 50 years is the rule.

 

[James Joseph Emerald]

I swear when I finish writing my books they'll go into public domain in a decade.
(would have said five years, but I doubt I'll make a profit in that short a time)

I don't think you get it. Being a writer isn't like being a carpenter (or something along those lines) where your hard work results in a tangible object of value, like a chair, which you then sell.

What you have spent thousands of hours working on as a writer actually has no intrinsic value, because as soon as you show it to someone they can make as many copies as they want (something you can't do with a chair). What you sell to a publisher is not the story itself, but the right to use your story to make money for themselves.

Once you've sold this right, and made your money, you can't just demand it back. Sure, you could stipulate in your contract that the copyright you're selling will expire in 10 years, but why would a publisher sign that when they've got literally hundreds of thousands of other writers who are so desperate for a book deal they'd sign away their left arm?

It's all about supply and demand, really.

 

[xdiesp]

Copyright laws are the cancer which is keeping the West back, and we all have to thank the USA for them.

 

[anthony87]

Anyone else read that as "Zero Punctuation Duels a Public Domain Lawsuit"? No? Just me?

 

[The White Hunter]

Did someone say ZORO:

woops wrong zoro never mind >_>

That's how I ended up here!

Was hoping for some crazy Zoro vs Zorro thing or something.

Zoro would win > >

 

[Abomination]

Anyone else read that as "Zero Punctuation Duels a Public Domain Lawsuit"? No? Just me?

Saw it too... picturing Yatzee in a damn black mask slashing Ys into people's chests.

 

[kailus13]

Even ignoring the fact that 20th Century Fox has a Zorro reboot planned for next year, the case has huge implications. Zorro stories have engaged audiences for almost 100 years, but Zorro Productions is quick to file against anyone using his likeness, <a href=http://www.scribd.com/doc/29031180/Zorro-Complaint>including chocolate companies using Zorro costumes in a commercial.

Surely that counts as patent trolling. The zorro costume is part of the public consciousness, it would be like Coca-Cola suing for someone using the red Santa suit.

 

[knight steel]

Did someone say ZORO:

Spoiler: Great pic

woops wrong zoro never mind >_>

That's how I ended up here!

Was hoping for some crazy Zoro vs Zorro thing or something.

Zoro would win > >

Of course he would just look at the awesome stuff he can do:

 

[Fanghawk]

Even ignoring the fact that 20th Century Fox has a Zorro reboot planned for next year, the case has huge implications. Zorro stories have engaged audiences for almost 100 years, but Zorro Productions is quick to file against anyone using his likeness, <a href=http://www.scribd.com/doc/29031180/Zorro-Complaint>including chocolate companies using Zorro costumes in a commercial.

Surely that counts as patent trolling. The zorro costume is part of the public consciousness, it would be like Coca-Cola suing for someone using the red Santa suit.

Sure, but public consciousness isn't the same as public domain. Superman's costume is part of public consciousness, but DC/Warner Bros. has cracked down on its unauthorized use for promotions and advertisements, even if the "S" logo is altered somehow.