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

Vanguard_Ex

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Mar 19, 2008
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Cheesebob said:
Wha...What stops me from drawing a dalek and doing the same thing?
I was thinking that, unless they find a way to prove that the drawing is from years back he ain't going nowhere.

Furthermore, why has he waited so long if he didn't bother in 1990 and thought too much time had passed?!
 

harvz

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Jun 20, 2010
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i dont know about anyone else, but i keep my drawings from 35 years ago (16 years from before i was born) perfectly folded, not a crinkle and looking like i had folded twice and pressed it under heavy books for a few days...is it just me or does the paper look like the recycled kind?
 

Saltyk

Sane among the insane.
Sep 12, 2010
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Hungry Donner said:
SirBryghtside said:
It might be true, but I don't think he's going to win. Really not enough evidence, he could have easily knocked that up last week.
My thoughts exactly, it's unlikely that he can prove that these pictures are from 1972 or that he submitted them to the contest and lacking proof he doesn't have a case.
I think you are OVER estimating his chances here. First, he has to prove that there ever was a contest to begin with.
 
Mar 30, 2010
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For proof, Clark provides a sketch of a villain that looks exactly like Davros, with the name "Davros" at the top, that he claims was submitted in the contest. Davros is one of the most popular Doctor Who villains ever, so if the sketch is real and Clark somehow has a case, he could apparently be in for a windfall.
So wait, even though he sent this sketch in to the BBC in the 70s it turned up in his possession in the 90s? Usually when I post something to someone, they end up with possession of said mailed item. I can understand this claim if the sketch turned up inside the BBC archives, but not in this guys house.

Come to think of it... ...

Hey, Mr Lucas! Yeah, see these drawings of my supervillain Darth Vader I have in my hands here?! Well even though I still have them here I promise I sent them away to you in the 70s! Gimme some money!

Sorry, it would appear I'm in a rather skeptical mood today...
 

Ca3zar416

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Sep 8, 2010
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It's going to be difficult to prove that those sketches are from that time. He would also have to prove that he actually submitted a different yet close copy to the competition and who knows if they actually kept all those.
 

tharglet

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Karma168 said:
Add that to the fact that it is impossible for an adult to write like a child (muscle memory has become to advanced)
.. though it's not impossible to find a child to do the honours. Need to prove he did it in the first place too, even if the writing checks out.


I'm also sceptical of the claim - if the photo included here is an accurate representation the paper seems like it's in a bit of a too good condition. Also the fact he got it back doesn't seem to add up - I wasn't around in that era, but I'd be kinda surprised if people were in the habit of mailing stuff back.
 

cythereal

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Apr 30, 2010
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I think the man should get everything he's earned. Lets see, 10 minutes as a freelance concept artist for a campy tv sci-fi show, plus interest, I think 50 bucks or so would be more than generous. Or just give him the color television he should have won for the competition.
 

Gerkuman

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cythereal said:
I think the man should get everything he's earned. Lets see, 10 minutes as a freelance concept artist for a campy tv sci-fi show, plus interest, I think 50 bucks or so would be more than generous. Or just give him the color television he should have won for the competition.
Doctor Who is a massive moneyspinner for the BBC, mostly in DVD sales. If he is the creator of Davros, then he'd probably get some residuals. We're talking thousands, in all probability.
 

loremazd

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Dec 20, 2008
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I'm a bit confused here, how can you copywright drawing of a man riding inside something that's already copywritten?
 

Birthe

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Apr 26, 2010
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I think the drawing looks like it's been copied from sth., you know as if he's hold it against the light to draw it from somewhere.

I mean yeah if the story is true it's pretty bad and all, but I mean that all just sounds too odd to me.

So he lost the sketch and didn't think of searching for it back then, then in the 1990ties it magically reappeared and so he put it in a safe so he could start a lawsuit now when the 5th season of the new dr who is out...

Also I mean what I see there is a picture of a man sitting in half a Dalek, not very original and really not hard to come up with this one. Also the paper is still super white and the sketch is easy to make out... it didn't fade out and the paper didn't turn yellow... wow magic paper they had there, I recently found sketches of my bro made in the 80ties and that didn't look quite that quality...
 

Hinro

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Dec 9, 2010
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In 1996 I came up with the idea of a game that involved catching mystical creatures in some sort of container and using them to battle each other to become stronger. There was a series of competitive places that you would take said creatures and, when you defeated the leader of the facility, you would get a congratulatory medal. When you collected enough of these medals you could enter a tournament to prove that you were the strongest out of all those around you.

Two years later I hear of Pokemon which has a similar structure to it. While I suppose it is possible that, somehow, someone from Nintendo over heard me talking about this game to my friends I highly doubt it. It was just a strange coincidence. I believe it would be the same in this situation and, even if it wasn't a coincidence and he really did steal the design from a 13 year old kid, you'd never be able to prove it with the evidence he has. "Well I have drawings that proves I designed him". Maybe so but there's no way to prove when you drew them. "I entered these drawing in a Doctor Who contest". That may be able to be proven if they would be bothered to look into it but even if it was determined, there would be no proof on whether the person who is credited on designing the character actually went to said contest or even saw the design.

The fact remains there is no viable evidence that he actually designed the character so he should, just like me, just live with the fact that one of their ideas is making millions of people happy and not care about getting a reward. After all, I'm pretty sure the company would just rather agree to never use the character again over paying some random guy off just to use one character in a series with dozens of enemies.
 

Mad1Cow

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Jan 8, 2011
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I was inclined to think "this guy was an idiot, let do and move on with our lives". I sent in loads of things to tv studios and toy companies that were doing contests and have seen something very similar under a different name come into existence, but I just curse under my breath and get on with life. (NOTE I don't think the companies screwed me over, I just think I'm a very unlucky person...either that or all my ideas are bland and foreseeable...which wouldn't surprise me...)

Honestly thinking "I don't have the time to sue you atm", really doesn't seem like it was all too important then huh matey?
 

Comrade_Beric

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May 10, 2010
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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?
If the contest had been held in 1992, then I'd be totally with you on that one. But 1972? Maybe not. Lawsuits weren't such a hot thing back then and they might not have thought to make everyone sign what would eventually become standard procedure.

Then again even if they did make the kid sign the paperwork, what are the odds that they've been able to keep up with it for the last 40 years or that making a 13yo boy sign a contract would hold weight in today's courts?
 

wulfy42

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Jan 29, 2009
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Just because he drew a picture does not mean he has a copywright on the idea. Many people think of ideas all the time, even draw them or create a written sample of something, unless you actually copywrite it it's free for other people to take your idea and expand on it etc.

Even if what he says is true (thats a stretch) he still wouldn't be entitled to anything. A simple scetch of a possible villian does not give him a any legal standing here.

He should have simply written the BBC and told them his story and seen what they said/did. It's quite likely they would have offered him something or given him some recognition etc. He especially should have done so back in 1975 if he objected to their use of his idea. He didn't even inform them of the fact they were using his idea back then (no need for proof for that...and in fact they might have been able to find the proof themselves at that time) and then they would at least not have continued to use his idea in the future.

Whole thing is ridiculous.
 

Arawn.Chernobog

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Nov 17, 2009
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So he CONVENIENTLY found the sketches he had lost back when the villain was introduced?

Unless we can get some dates, I'm going to have to call bullsh!t on this one.