Man Sues BBC Claiming Copyright On Doctor Who's Dalek Leader

Susan Arendt

Nerd Queen
Jan 9, 2007
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I don't buy it. The picture is just too perfect. How often does concept art make it into production completely unscathed?
 

feather240

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MurderousToaster said:
Sorry dude, but if I were a teenager in the seventies and I found out that my character was in Doctor Who, I wouldn't sue. I'd be fucking overjoyed.
...and then sue.
 

qou2600

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Oct 20, 2009
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HerbertTheHamster said:
Good, then we might be rid of the silliest villain known to man.

-I WILL DESTROY EVERYTHING!
-...Why?
-BECAUSE
He actually had a legitimate, although twisted, reason to want to destroy everything. He believe he had created a master race and believed that all other species were inferior to his creations and therefore did not deserve to live and the only way for his creations to assume their natural place of supreme rulers of everything is to destroy everything that isn't a dalek. He is a Hitler-esque villain blinded by a flawed logic.
 

Susan Arendt

Nerd Queen
Jan 9, 2007
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j-e-f-f-e-r-s said:
Susan Arendt said:
I don't buy it. The picture is just too perfect. How often does concept art make it into production completely unscathed?
I dunno, you tell me:








I think you'd be surprised. Concept artists don't just create vague pictures for the rest of the design department to use. Usually, they are the ones who actually come up with the concrete designs, which the rest of the team then actualise.

As far as this guy's argument goes, I can see things from his side. If he lost the sketches, then there goes his case. By the time he found them, Doctor Who was practically dead, so there'd be no reason for action against the BBC. As for why he didn't try and litigate as soon as the show was rebooted: it takes a lot of chutzpah, even in this litigation-happy day and age, to try and bring a legal case against a large corporation against the BBC.

Ultimately, this guy may well have a case, and I'm going to try and refrain from casting judgement one way or the other. After all, that's what court cases themselves are for.
While I see the point you're trying to make, I don't think Link counts, given that he was already an established character by the time that art was rendered. Snake, too, for that matter.

But there's also a big difference between going from image to image and from image to real life. They didn't just have to draw Davros, they had to make him. I'm not saying the dude's claim is impossible, I just don't buy it.
 

PurplePlatypus

Duel shield wielder
Jul 8, 2010
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Even if it is true, the character he made up was submitted to a contest. Often with contests the terms are they gain the rights use the piece of work, your essentially handing over part of the copyright. You need to so they can at least show it on TV if you win. The character is partly the IP of the BBC to begin with, it?s a derivative work. The amount of time that has passed since he first realised what was happening, something like that can work against you.
 

Split Moon

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Aug 4, 2009
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I'm going with what the others say about the paper looking a little too perfect. I have a drawing i did 16 years ago and it's gone yellow and fraile with age. I had that drawing pressed aginst two think pages of an art book to keep it dry and to stop it from degrading. I'm not calling bullshit but i'm not saying he didn't do it ether. I'm just saying it looks quite fishy...
 

Flauros

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Mar 2, 2010
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Seems.....so random it must be true.

That could be why its so smart.


Or that its absolutely true. Or a ***** to prove. Unless one one of the writers says "yup, its true. I didnt know they didnt acknowledge the kid, they just gave me this fucking piece of paper, idunno"
 

unoleian

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I was told once that cases like this are practically always thrown out unless the person claiming to be the original creator can prove beyond a shadow of a doubt that he thought of it first. That is, it needs to be certified and dated, otherwise no case can be made.

I was always told that, if I was to submit something I created to another person or organization, to mail myself a copy of the work or proof of ownership/creation, and to not open that envelope. The postmark becomes a certified date, and the contents can be used as proof of intellectual ownership.


At least, that's what I've been led to believe over the years...
 

CrashBang

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Jun 15, 2009
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If it is legit then I think that this "Clark also just wants to be recognized for the character he says he created as a young lad" is fair enough, he certainly deserves recognition at least
 

Sonic Doctor

Time Lord / Whack-A-Newbie!
Jan 9, 2010
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Popido said:
Well, now we know who created Dalek.
You mean that we now know who possibly created Davros, not the Daleks.

The guy as a kid "drew his drawing" in 1972. Doctor Who's pilot story arch episodes "The Unearthly Child" aired on November 23, 1963. The second story arch to come after that was The Daleks, so the Daleks were in Doctor Who from pretty much the start.

Yes Davros the creator came long long after. Though, now that I see he used a Dalek body design for the contest, especially with the Doctor Who people judging the contest, I can see why they would take his idea and not tell him or care. He just cut their design in half and stuck a man on top of it. Because of that, I think the guy should receive no money.

Fun Doctor Who Fact: Dalek is just the name of Davros's race backwards, the Kelad.
 

DragonsAteMyMarbles

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Feb 22, 2009
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TimeLord said:
I was all ready to call bullshits when I read the title.
But if he can prove that the idea was his from the start, someone at the BBC is doomed!
DOOMED I SAY!

Especially if they decide to bring back Davros somehow.
If?
Like the Master, Davros does not die.

OT: I'm not buying it. If he found the sketches in 1990, why not sue when Davros was brought back in 2009? Why wait until now?
Also, as has been said, the paper is far too white to look like it was used in the '70s. Hell, newspapers from last month would be yellow by now.

(different pulping method, I know, but still)
 

faefrost

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Jun 2, 2010
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Is it just me, or does anyone else not see the BBC copying the kids drawing exactly including the headgear and the microphone arm? I mean does that not look more like a childs drawing of the Davros character he just saw on TV< than something that the big TV producers are going to run away with and recreate down to the slightest prepubescent detail? It's a 12 year olds Doctor Who fan art. Unless he has one that has a date/time stamped entry from it being recieved as a contest entry by the BBC, that's all it will ever be. Well that and yet another bitter and nroken story of the man doing the little guy wrong told down at the pub on a saturday night.
 

Ghengis John

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Dec 16, 2007
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madmatt said:
Ghengis John said:
Azuaron said:
Ghengis John said:
Cheesebob said:
Wha...What stops me from drawing a dalek and doing the same thing?
Carbon dating?
You can't carbon date to tell if something came from 1972 or 1975. Three years is too close (carbon dating estimations have errors of 40 years or more), and it hasn't been enough time for carbon dating to be effective anyway (typically need several centuries, minimum).
I never said it could tell us the difference between 1972 and 1975, I said we could use it to tell the difference between something made in 1972 and 2011.
Not much use i'm afraid - the significant difference is those 3 years. All the BBC needs to say is, it can't be reasonably be proved to be 1975 or before. After that they can say that HE was copying THEM on something he saw on the show, rather than the other way around
I didn't mean in the case, I meant in response to why not just draw one now and say the same thing.
 

Catalyst6

Dapper Fellow
Apr 21, 2010
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Celtic_Kerr said:
Eri said:
At first I was readying my copyright troll bat, but then, This might be an upset.
Here is my question: why did he wait 35 years to sue them? The moment that shit came out, he should have stepped on it. However, he waited till the show go huge, till the villain made a lot of profit, and now he can collect more. However, Copyrights last what? 20 years - 30 years unless renewed? He might have shot himself on this

EDIT: Just noticed that he lost the sketches
Well, he couldn't just let an opportunity like this slip by. Suing immediately after noticing? That wouldn't get him much. No, let it run for thirty years and let them collect some dough, *then* sue.

That's assuming that it actually happened at all.
 

ReiverCorrupter

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Jun 4, 2010
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ZombieGenesis said:
Starke said:
And the odds that this contest didn't have the standard forfeiture of intellectual property clause is... what?

You know, that bit that says "all submissions become the property of the " clause that appears in the formal rules for almost all contests of this sort?
Those Clauses are entirely subject to use in the competition though.
Plus the BBC had nothing to do with the company the drawing was submitted to- so they wouldn't have had any rights over it anyway.

If this is REAL (as in, those drawings aren't fraud) then yes, he deserves a share of the income for his intellectual property.
There's an added complexity too: he had built upon the Daleks. It wasn't his sole property anyway, even if he came up with it. I'm not sure what the laws would say about that.
 

Dahemo

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Aug 16, 2008
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HerbertTheHamster said:
Good, then we might be rid of the silliest villain known to man.

-I WILL DESTROY EVERYTHING!
-...Why?
-BECAUSE
Isn't that most villains in most mediums? If only I could undo the last twenty years of ingrained pop culture cynicism. Which brings me neatly to the topic. Carbon date the drawings and get it over with, if it's genuine then the link is more than tenuous and he deserves a pay day or at least some recognition. If it's a fake, please tell me he can be counter suited as I hate money-grubbing time-wasters like this. The current legal system is enough of a joke without such terrible attempts to grab a slice of the pie.

For U.S. readers, the Daily Mail is currently the most purchased newspaper in the U.K. and coincidentally is one of the most factless, bigoted, racist and hate filled tabloid rags you could even encounter. I would use it as toilet paper but for fear that it would insidiously cause me to complain about immigrants afterwards.

Probably nonsense...
 

Arizona Kyle

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Aug 25, 2010
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MattRooney06 said:
i dunno, isn't it odd how he didnt do anything about it when he first found his sketches, but now has?

well if its legit then i think he deserves the cash
i guesss but i wouldnt give him a boat load really