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Servo300 Donating Member (653 posts) Send PM | Profile | Ignore Mon Jun-07-04 02:19 PM
Original message
Bradbury Blasts Moore Over 'Fahrenheit' Title
Bradbury Blasts Moore Over 'Fahrenheit' Title

POSTED: 12:56 pm EDT June 7, 2004
UPDATED: 2:31 pm EDT June 7, 2004

He won the hearts and minds of critics and audiences at the Cannes Film Festival, but Michael Moore has upset a legendary science fiction author with the title his anti-Bush documentary "Fahrenheit 9/11."

More:

http://treets.thekansascitychannel.com/svc/lnk.cfm?l=36883422&t=1

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Justice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:21 PM
Response to Original message
1. Hey, Do you think Bradbury has a thing for Moore?
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Shredr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:23 PM
Response to Original message
2. He just wants money
He's just pissed that Michael Moore didn't pay him for rights to the title. I don't know why Moore didn't, I don't know the legalities of that kind of thing, but I'm sure if Bradbury got paid, he'd be pro-Moore.
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Justice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:26 PM
Response to Reply #2
6. I would think Moore Researched The Implications
of using the name before launching it.

What are Bradbury's politics? I searched newsmeat.com - and found a Raymond Bradbury in Kentucky - but didn't think Ray B. would be living there (nothing wrong with it, just not the obvious place).
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:59 PM
Response to Reply #6
24. He doesn't live in Kentucky.
He lives in Los Angeles, and has since he was a child.
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 10:24 AM
Response to Reply #6
85. It's changed enough
Bradbury has absolutely NO basis to do anything, nor should be upset. He SHOULD be thrilled, because it's caused people like me to go out and re-read his book!! What a dumb bastard!
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rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:29 PM
Response to Reply #2
8. You can't copyright a title
So Bradbury should shut his piehole.
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Beaker Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:49 PM
Response to Reply #8
45. plus...
the title isn't the same, it just shares the word "Fahrenheit". lots of movies have similar titles to others, and some movies have the exact same title, be they remakes or just totally different films, that have nothing to do with each other, for instance the two movies called "Heat"- ditto with "Gladiator", and "Catch me if you can" to name a few recent examples.

Either Bradbury's a cranky Repuke,
OR-
Moore is paying him to make a fuss to keep the "controversy" brewing...

with MM's track record, it could go either way.
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Fight_n_back Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:54 PM
Response to Reply #8
61. Yes
you can't

I mean I agree that you can't...

and Bradbury should shut up.
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:49 PM
Response to Reply #2
17. You can't copyright a title
Even if Moore had called it Fahrenheit 451, he would have been within his legal right to do so.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:35 PM
Response to Reply #2
36. There ARE no rights to the title -- titles can't be copyrighted
Period.

I haven't read the article, but Bradbury is nuts IMO for making a case about it of any kind -- unless he's just wanting some additional publicity for his book, which would be fine with me.
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DoNotRefill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:55 PM
Response to Reply #36
48. Really?
Whew. In that case, I can't WAIT to publish my new book, "Gone with the Wind"...It's about a Southern woman named Harlot O'Sceara...

How long do ya think it'll take me to get sued?
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indigobusiness Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:00 PM
Response to Reply #48
52. You could use the title...
Edited on Mon Jun-07-04 04:01 PM by indigobusiness
and write that kind of parody and be within the law.

If you perpetrate a scam so that people might think they are buying the original...that is fraud.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:15 PM
Response to Reply #48
55. Yes, really
The real questio is how long do you think it would take you to find a publisher? And if you self-published, what bookstore(s) would carry it? But of course you could sell it on the web and really get filthy rich (not).

You may (or may not) recall there was a rip-off parody on GWTW a few years ago. I don't recall who sued (I thought Margaret Mitchell didn't have any heirs), but someone did. It was around the time of the GWTW sequel (the one you've never heard of since). I think the title of the parody was "The Wind Done Gone" or something like that, and it was purportedly GWTW told from the viewpoint of the slaves. The parody won in court.
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DoNotRefill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:52 PM
Response to Reply #55
60. Is Moore's work a parody of F 451?
That strikes me as quite a stretch....
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:02 PM
Response to Reply #60
64. Fahrenheit 9/11 isn't a parody of Fahrenheit 451? Of course it is.
Edited on Mon Jun-07-04 05:03 PM by thebigidea
Though the documentary itself isn't, surely the title is!
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DoNotRefill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:13 PM
Response to Reply #64
68. Huh. And here I thought it was just a rip-off...
kind of like "Burger Queen" or "McDougal's" hamburger stand.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:14 PM
Response to Reply #68
69. Which would be true if Moore's film used Bradbury's plot
Edited on Mon Jun-07-04 05:16 PM by thebigidea
seeing as it doesn't, where's the ripoff?

And copyright is NOT the same thing as trademark, so your burger stand comment is pretty meaningless.

Maybe they should sue Franken over "The O'Franken Factor" - what a RIPOFF!

And I will never be able to sleep soundly at night while those copyright-infringing THIEVES at Mad Magazine are able to go about their business...
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jdsmith Donating Member (612 posts) Send PM | Profile | Ignore Tue Jun-08-04 10:13 AM
Response to Reply #48
82. "The Wind Done Gone" case
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jdsmith Donating Member (612 posts) Send PM | Profile | Ignore Tue Jun-08-04 10:13 AM
Response to Reply #48
83. "The Wind Done Gone" case
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:23 PM
Response to Original message
3. Well, Michael Moore could have asked for permission
That does seem f*cked up.
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cestmoi Donating Member (211 posts) Send PM | Profile | Ignore Mon Jun-07-04 02:38 PM
Response to Reply #3
15. I think you and Bradbury are wrong.
Does Bradbury own the word Farenheit? I don't think so. This reminds me of the Barbie flap when Mattel tried stopping artists using Barbie dolls in ways that Mattel doesn't sanction.

The title Farenheit 451 has a cultural meaning and Moore has every right to appropiate it for his own use.

When dogs piss on a tree, they may have marked their terriority but it doesn't mean they own the damn tree.
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:53 PM
Response to Reply #15
20. Also a good point. Has the copyright on the original novel run out?
If so, then you are correct.

If not, and given that Moore's movie can't claim the "satire" defense, maybe Bradbury has a right.

Ok, you got me. I don't know enough about copyright law and precedent to have an informed opinion on this.

So inform me.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:43 PM
Response to Reply #20
42. what do you mean "given that Moore's movie can't claim satire"?
of course it can! It is!
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:50 PM
Response to Reply #42
46. Well, I haven't seen it personally, but given the subject matter
how can it?

He dredges up the unpleassant and shallowly-buried facts of Imperial Frauid and Collusion. he asks tough questions and puts forth stuff only seen on DU because the "Liberal Media" fears their Bushevik masters.

They could get Character Assassinated, or like the guys who published those Drunken Bush Daughter pictures, they might get the real thing.

And they know it, too.

But, anyway, how could a movie that advertises itself as such be a "satire"?
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:52 PM
Response to Reply #46
47. I'm speaking about the title. Parody WOULD be the more appropriate term
Edited on Mon Jun-07-04 03:57 PM by thebigidea
And you're telling me Moore doesn't use satire? Sarcasm? Bathos? Puns? Metaphor? Dramatic Irony?

(turns into Python skit)
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cestmoi Donating Member (211 posts) Send PM | Profile | Ignore Mon Jun-07-04 03:56 PM
Response to Reply #46
50. Satire defined
sat·ire
A literary work in which human vice or folly is attacked through irony, derision, or wit.

The branch of literature constituting such works. See Synonyms at caricature.

Irony, sarcasm, or caustic wit used to attack or expose folly, vice, or stupidity.
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sendero Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:42 PM
Response to Reply #15
41. I'm sick to death..
.... of absurd "intellectual property" rights that are so all-encompassing they restrict legitimate enterprise and expression.

If Bradbury has any legal standing in the argument whatsoever (I'm betting heavily he does not), then let him sue.

Otherwise he can bitch and moan like an old curmudgeon. Who cares?

And to think I read and liked a lot of Bradbury fiction in my younger days. Just goes to show that just because you like a book does not mean you will like the author. :)
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mike1963 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:01 PM
Response to Reply #3
63. Did Bradbury ask Fahrenheit's heirs for permission? I don't think so...
sheesh
:eyes:
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frylock Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:25 PM
Response to Original message
4. you gotta be kidding me!
Moore probably should have gave him a call about the title, but lighten up you old bitterman.

In the interview with the Swedish paper, Bradbury reportedly predicted a dim forecast for "9/11" at the box office. "Who cares? Nobody will see his movie," Bradbury told the paper. "It is almost dead already. Never mind, nobody cares."
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:25 PM
Response to Original message
5. Sorry, I like Bradbury's work, but no one owns the English Language...
Bradbury should just get over it.

Bradbury also called Moore a "horrible human being" in the interview, yet insisted that his anger had nothing to do with Moore's political views.

"He copied my title; that is what happened," Bradbury reportedly said in the interview. "That has nothing to do with my political opinions."



That's a little over the top in my opinion...
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:29 PM
Response to Reply #5
71. Nope ...

If he copied the title, the movie would be called "Fahrenheit 451".

Perhaps Bradbury is just pissed because he was planning on writing 460 sequels to Fahrenheit 451. Shit, he can do 452 to 910, but 911 is not taken.

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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:27 PM
Response to Original message
7. Here we go again
There was another thread on a similar article 2 days ago.

Summary:
Titles aren't copyright property (otherwise, porn producers with their cutesy parodies of legit film titles would all be out of business)

Bradbury is a far-right wingnut who did write some great books. He also called Clinton a s**thead and was thrilled when Shrub got elected because Shrub would fix education (i.e., bring it back to where it was in the good old days of . . . whenever).

Upshot--Bradbury is a bit of a crank who would criticize anything anti-Bush, money or no money.
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genius Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:29 PM
Response to Original message
9. Bradbury's an ego.
He was mad at me for telling him he was ONE of my favorite science fiction writers as opposed to my favorite. He seems to think he's God's gift to the world.
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:31 PM
Response to Reply #9
72. Is he the next Hubbard????

Maybe he should just start a cult if he wants everybody to worship him. In that regard, he'll always be runner up to Hubbard.

But, I'm looking forward to "Fahrentology".

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genius Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 07:56 PM
Response to Reply #72
80. Good one
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Kid_A Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:30 PM
Response to Original message
10. Because he stole a title he's a "horrible human being"?
That sounds a bit harsh. Someone ripped off a joke of mine once, but I don't think I reacted by judging their status as a homo sapien. Seems to me Mr. Bradbury is a little jealous.
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Lin Donating Member (594 posts) Send PM | Profile | Ignore Mon Jun-07-04 02:31 PM
Response to Original message
11. "waaaaawaaaaWAAHHH" -O'Reilly meet Ray, Ray share a hanky
with O'Reilly, this has envy written all over it. :puke:
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:35 PM
Response to Original message
12. If Moore is really lucky
, Bradbury will find a lawyer partisan enough to sue. Just ask Al Franken how much publicity a 'wholly without merit' lawsuit can generate.

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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:36 PM
Response to Original message
13. Wait a minute
Bradbury's title isn't very original. After all, isn't it the temperature at which paper burns? He borrowed it from science. He should get a life.
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russian33 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:38 PM
Response to Original message
14. Was Bradbury's book called Fahrenheit 9/11? NO!
Did it have word Fahrenheit in it? Yes.
Does Ray Bradbury own the rights to the word Fahrenheit? NO!
Should Bradbury go pound sand? Yes!
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:47 PM
Response to Original message
16. Bradbury is in the right on this
He owns the copyright to Fahrenheit 451, and Moore's use of Fahrenheit in his title specifically plays off the fame of the Bradbury story.

Bradbury will win a settlement, whether it is in court or out of court.

Moore should have asked permission. It would have been cheaper to pay Bradbury before the movie had notoriety than now.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:51 PM
Response to Reply #16
19. nonsense. Parody. Fair use.
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jdsmith Donating Member (612 posts) Send PM | Profile | Ignore Mon Jun-07-04 02:56 PM
Response to Reply #19
22. Parody and allusion
Moore alludes to Bradbury's classic text as a way of adducing its meanings in short order rather than having to go about re-creating RB's structure for critiquing censorship.

Isn't Bradbury trying to silence Moore? And didn't somebody once write a famous science fiction novel about silencing free expression?
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:37 PM
Response to Reply #22
75. They call that IRONY (n/m)
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:13 PM
Response to Reply #19
27. That would have to be decided by legal experts
I think the way you are interpreting parody, there would be no distinction between parody and copying, and there would be no use in having a copyright.

I view this as distinctly different than Fox's claim of a trademark on "Fair and Balanced" and Al Franken's take off of it, which clearly was a parody (as in mocking) of Fox. Moore is not mocking Bradbury at all. My take is that he is paying homage to Bradbury, not using parody.

Let the lawyers sort it out. Bradbury has a right to defend his property, even if it does piss off Moore supporters.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:14 PM
Response to Reply #27
28. It already has been by the Supreme Court
Edited on Mon Jun-07-04 03:23 PM by thebigidea
and no, "Fahrenheit 9/11" is most certainly parody. There is no legal term for "homage"

This has nothing to do with supporting Moore, this is about the current state of fair use laws. Being prone to satire myself, I'm well aquainted with the laws involved.

"I think the way you are interpreting parody, there would be no distinction between parody and copying, and there would be no use in having a copyright."

Not at all. Its not the way I'm interpreting parody, its the way the Supreme Court is.

If Moore were "copying," the title of his film would be "Fahrenheit 451" and it would be an adaptation of Bradbury's book. A scathing indictment of the Bush administration using a title riffing on an anti-censorship book certainly does not add up to "copying"

It is a "transformative," to use the Supreme's word.

And this will not see any legal action. Bradbury is just grumbling, and will soon forget about it. Just don't bring the topic up at any sci-fi conventions, as I'm sure it'll be enough to trigger a tirade for the next few years.
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:53 PM
Response to Reply #16
21. He does not have a copyright
He has a copyright to the words in his book. He can't copyright Fahrenheit 451, and he sure as hell can't copyright Fahrenheit 9/11.

Or maybe the heirs to Fahrenheit should sue Bradbury for using the name.

Reminds me of when Warner Brothers threatened to sue the Marx Brothers for making a movie "A Night in Casablanca," Grouch wrote back that they were the Marx Brothers before Warner became Warner Brothers. IOW, wholly without merit.
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:05 PM
Response to Reply #21
25. I confess that I don't know specifically what copyrights Bradbury has
I am not a lawyer, but I have been called in as an expert witness on a similar type of dispute between AOL and AT&T over the use of the term "You have mail". (And I didn't sleep in a Holiday Inn Express)

AT&T claimed this expression as part of the copyright to the UNIX operating system, which had been in existence before AOL was even started.

AOL's defense was their use of "You have mail" was completely out of context of the the UNIX operating systems login prompt that used exactly the same words.

The parties settled out of court, so AOL must have finally conceded some merit to AT&T's position.

The title Fahrenheit 451 is just as much a part of the copyright on the book as page 1 is.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:09 PM
Response to Reply #25
26. yes, but that has nothing to do with it.
Edited on Mon Jun-07-04 03:20 PM by thebigidea
They both argued for the rights to "You have mail" - Moore isn't calling his film "Fahrenheit 451," is he?

"Fahrenheit 9/11" is parody/satire/whateveryouwannacallit. Fair use.

Take a look at the Campbell v. Acuff-Rose Music case, the one with 2 Live Crew doing a demented version of "Pretty Woman"

Or, to put it in barely comprehensible legalese straight from the Supremes:

" Parody, like other comment and criticism, may claim fair use. Under the first of the four §107 factors, "the purpose andcharacter of the use, including whether such use is of a commercial nature . . . ," the enquiry focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is "transformative," altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. The heart of any parodist's claim to quote from existing material is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's work."

http://supct.law.cornell.edu/supct/html/92-1292.ZS.html

Fine reading on this topic can be had in Negativland's wonderful book, "The Letter U and the Numeral 2"
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:23 PM
Response to Reply #26
30. It does have something to do with it
Edited on Mon Jun-07-04 03:24 PM by kcwayne
People who use slight variations of a famous name for a business enterprise regular lose when sued by the company that made the name famous.

There was a recent case of a guy that had a porn store called Victor's Secret, and lost his case against Victoria's Secret. There are many others.

Again, it doesn't have to be a literal copy, it just has to use the prime image in a way that the court deems to be inappropriate use.

From the briefings I got when I served on the AOL/AT&T case, these matters don't seem cut and dried, there isn't an exact formula for what constitutes a violation, which keeps lawyers gainfully employed fighting these battles.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:26 PM
Response to Reply #30
31. Ok, then how do you explain Mad Magazine?
Of course, if you have enough money and lawyers you can stretch this out endlessly...

but Bradbury doesn't have a leg to stand on here.
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sendero Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:39 PM
Response to Reply #30
38. You can't compare...
.... a trademarked business name to a book or song title. Sorry, no relation in law or logic.
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:40 PM
Response to Reply #30
40. That's trademark
I suppose Bradbury could have trademarked Fahrenheit 451, but I don't think he did.

I write romance novels and know a teeny bit about copyrights. I could write a book and call it Gone with the Wind if I wanted to. It'd be a really stupid idea, though. Imagine all the people who'd buy my book and expect Scarlet and Rhett.
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Justice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:16 PM
Response to Reply #30
56. Trademark vs. Copyright

Victoria's Secret case was a trademark case.

I've not seen anything that suggests Bradbury trademarked the name of this book. so, he is making noise based on copyright.
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:40 PM
Response to Reply #25
76. So you're saying there is no precedent ...

If there was no ruling, there is no precedent. So you're citing air.

Personally, I think the phrase "You've got mail" has prior art belonging to the US Postal Service.

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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 07:20 PM
Response to Reply #76
78. Snail mail has no prior art for electronic presentation
at least nothing implemented. Someone at the postal service may have written a white paper proposing such a scheme, but I seriously doubt they would have art prior to 1982, which is the depth of AT&T's usage of the term on their email client. I'd be surprised that any formal recognition of the presence of email is documented prior to 1994 in the postal service.
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 04:30 PM
Response to Reply #78
88. Prior art in notification ...

The mail man walks up and says ...

"Hey BillyBob, ya'll got mail today."

Hence the prior art.

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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 07:18 PM
Response to Reply #88
89. Maybe you're a lawyer, I am not
but my understanding of prior art which comes from patents I have and my experience on the AOL/AT&T case suggests that prior art must be materially the same expression. The AOL/AT&T prior art dealt specifically with the use of "You've got mail" as attached to an electronic email program. This is a different expression than a mailman handing out a piece of mail and verbally saying "you have mail".

Likewise, there are limits on the breadth of the expression. For example, Apple sued Microsoft over the use of graphical windows in a user interface. Apple lost, even though the work they leveraged from Xerox that came out of the Park Place R&D clearly put them in the position of having the first graphically based user interface that used square windows as the key vehicle for interaction.

On a patent that I have, there was a company with prior art that claimed (and had a patent for) all rights to the idea of inserting ads into a radio program streamed over the internet. My patent was awarded for a system to insert ads into a radio program streamed over the internet. The prior art was too broad, and my patent was specific to a particular methodology for doing it. The other patent is still valid, but it is non-enforceable. It should never have been granted, but lawyers make mistakes too.
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 11:34 PM
Response to Reply #89
90. Methodology

You would have to patent some clever piece of TECHNOLOGY for saying "You've got mail" in a new and improved way. Perhaps your system was integrated into a voice synthesis system that automatically created voice inflections.

Otherwise, the notion of "playing a recording" when an event is triggered is pretty fucking well covered. Ya wanna here what other geeks have to say about this???? Take it to Slashdot!!!!

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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:37 PM
Response to Reply #16
37. Nope, nope, nope
Titles aren't copyright property.

Bradbury apparently hasn't even threatened to sue--he's just bitched and called Moore names over it. Wish he would. Moore would win, and get lots of publicity to boot. And Bradbury would be pretty much exposed as a right wing nutcase.

If Moore published a book containing large chunks of unattributed text from Bradbury's book, then he would be violating copyright.

As I said earlier, if one could copyright and thus forstall all use of ones' own title, don't you think filmakers would stop all those goofy take-offs of major movie title used in porn flicks?
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:47 PM
Response to Reply #37
44. You are probably right, as I said I am not a lawyer
and the distinctions between what is copyrightable/not copyrightable and trademarks are not my expertise. I am probably getting trademarks mixed into copyright inappropriately.


I would take exception to calling Bradbury a right wing nutcase. What right winger would ever right something like Fahrenheit 451. If they wrote it, the book burners would be the heroes, note the villians.
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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:58 PM
Response to Reply #44
51. Seems odd, doesn't it?
But if you'll re-read it (I've been teaching it in my class for 2 semesters in a row now, with one more to go) you'll see that he places all the blame for the book burnings squarely on the "PC" crowd--even though the book was, of course, written before that term became popularized. The burnings begin as an attempt to avoid offending any minorities--and the result is the death of classical education.

He is on record calling Clinton a sh*thead. He gave an interview for the LATIMES for some recent anniversary of F451 in which he badmouthed Clinton extensively and gushed over how great Bush was going to be for the country, how he was going to fix education, etc.

I get the feeling he finds the idea of multi-culturalism revolting.

Someone else on the other thread (too lazy to get a link right now . .) recounted some public debate or forum in which he shouted down a woman who was disagreeing with his right-wing viewpoints, and felt very proud of himself for shutting her up.

I still teach his book; I think it's a good book. But it's not liberal--or at least, wasn't intended to be.
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 08:01 PM
Response to Reply #51
81. That's interesting
I last re-read "The Illustrated Man" about 20 years ago, and used to read alot of Bradbury when I was a kid. I never pictured him as a right wing wacko.

I never had the impression that he was a liberal, but the sense I got from his stories was that he was a deep thinker who had integrated technology and humanism into his stories, and I always detected a subdued but present distrust of institutions and totalitarian governments in his work.

But I only know Bradbury from his works, I have never seen or heard him speak.
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hippiegranny Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:21 PM
Response to Reply #16
57. are you a lawyer?
just asking, because maybe you know something the rest of us don't. it seems to me that bradbury has about as much of a case against moore as o'reilly did against al franken. that is to say, none.
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:36 PM
Response to Reply #16
74. He'll get a settlement ...

... right after Bill O'Reilly for "The O'Franken Factor". IT'S A PARODY!!!!!

But I DO hope he sues. That's free publicity. I can see Moore praying on his fat pudgy knees right now that Bradbury sues him.

In fact, one could even speculate that Moore picked the title knowing that Bradbury was a wing-nut. The Fox suit did wonders for Al Franken, Moore should make out just as well ;-)

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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:49 PM
Response to Original message
18. If Bradbury has grounds on which to go after Moore
Edited on Mon Jun-07-04 03:26 PM by rocknation
Then Farenheit's estate has grounds on which to go after Bradbury! Since Farenheit 911 has an additional theme of attempted government censorhip, I think it pays homage to Farenheit 451 rather than degrades it. If Bradbury had a case, he would have long since sued the band Bon Jovi for naming their second album 7800 Degrees Farenheit (the temperature at which rocks melt), and made a heck of a lot more money!!!



:headbang:
rocknation
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 02:56 PM
Response to Reply #18
23. In copyright law, context matters
The use of a word or phrase is copyrighted in context, not necessarily in literal interpretation.

Bradbury will argue that his title, which literally means the temperature at which books burn, was famous not because of Fahrenheit's temperature scale, and its application to books. His title is famous because of the story's connotation with government oppression and abuse. That is what Moore's story is about, and his use of the the title draws on the publics awareness of meaning of Fahrenheit 451 that was specifically made by Bradbury, not Fahrenheit.
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thebigidea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:29 PM
Response to Reply #23
32. Bradbury will argue nothing, he'll wind up with egg on his face
its incredibly embarassing!
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:45 PM
Response to Reply #23
77. Moore's film is about ...

... The events of 9/11 in relation to the Bush and Bin Ladin families. Not book burning. If Moore had made a film called "Fahreneit 452" about book burning, then Bradbury might have a case.

Beyond this, you seem to assume that Bradbury now holds copyright to ANY film title containing 'Fahrenheit' and a number.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:17 PM
Response to Original message
29. Is Fox News' lawsuit against Al Franken down our memory hole already?
Edited on Mon Jun-07-04 03:18 PM by rocknation
He lifted their "Fair and balanced" slogan from them whole hog. If Fox's case was deemed as being without merit, how could Bradbury's possibly be?

:headbang:
rocknation
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kcwayne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:33 PM
Response to Reply #29
34. There are a couple of reasons
Fox claimed Trademark violation, not copyright violation which I presume that Bradbury will do. The laws are applied differently.

Franken was clearly doing a parody on Fox. The court's threw out Fox's case because their complaint that someone could confuse Franken's use of Fair and Balanced with their use, and cause Fox damage was deemed without merit.

If Bradbury claimed that Moore's use of Fahrenheit 9/11 would cause Fahrenheit 451 books sales to drop or some other similar harm, then my guess is that would be thrown out as well.

But if Bradbury claims that Moore use of Fahrenheit 9/11 leverages off the fame of Fahrenheit 451 because of the similarity of themes, he might have a case.

Its the same reasoning that would not allow you to come out with a brand of tissue called CleanEx.
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Misunderestimator Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:31 PM
Response to Original message
33. So if I title a movie Pretty Lady...the producers of Pretty Woman will...
come after me? Or Lady and the Chimp... Hmm.... what about all those porno movies that clearly immitate widely released popular movies...? This is just stupid of Bradbury.
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donhakman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:33 PM
Response to Reply #33
35. A title can never be copyrighted.
fair and balanced ;)
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Misunderestimator Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:12 PM
Response to Reply #35
54. Exactly.
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yellowcanine Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:40 PM
Response to Original message
39. Even if titles could be copyrighted wouldn't it be too late? Wasn't the
book published in 1951? I believe that copyright would have run out by now, no?
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:43 PM
Response to Reply #39
43. Copyright still in effect
Works go into the public domain 75 years after the author's death. Casa Verdi, a house for retired singers in Italy, made its money off the royalties from Verdi's operas for years after his death. I think Gilbert and Sullivan became public domain only about 15 years ago.
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 03:55 PM
Response to Original message
49. Why didn't Dr. Fahrenheit get mad at Bradbury? Hmmmm?
As a frustrated SF writer, with each passing day, I admire Ray Bradbury's work more and more.



C'mon Ray! We're ALL on the SAME SIDE! Mike Moore's trying to keep the world from becoming the nightmare you tried to keep it from becoming. The person to be mad at is named BUSH. He's the stooge for the Bush Organized Crime Empire.
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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:02 PM
Response to Reply #49
53. Bradbury and Moore NOT on the same side
If Moore had produced a right-wing screed of the same title, I very much doubt if poor old Ray would be complaining. He is very, very right wing. Blames all the ills of our society on liberals.
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:31 PM
Response to Reply #53
58. Thanks for the heads-up.
Must be an LA thing. I remember Bradbury said he got his real education at the LA Public Library. He must've skipped the humanities section.
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Still_Loves_John Donating Member (688 posts) Send PM | Profile | Ignore Mon Jun-07-04 04:40 PM
Response to Original message
59. Correct me if I'm wrong, but
I don't think this is so much a legal issue as it is an ethics one. I don't think Bradbury really expects to file a lawsuit or anything, but it seems like Mike committed a bit of a faux pas by borrowing another artist's title like that without even asking permission. Regardless of Bradbury's politics, he's an accomplished author and his works deserve respect; it wouldn't have been hard for Moore to just make some show of asking his blessing, or something.
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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 04:58 PM
Response to Reply #59
62. It Wouldn't Have Been Blessed
Of course, Moore isn't exactly known for being worried about committing a faux pas. He also doesn't seem to be the type to humble himself by going to another author, hat in hand, and saying "Do you mind if I borrow your title for my movie?"

And, anyway, Bradbury wouldn't have given his blessing. And Moore's point would've been lost. Well, he probably would have used it anyway, and that would be that.

FWIW, wasn't "All the President's Men" a play on another book title, "All the King's Men?"--which of course, came from Mother Goose's Humpty Dumpty? I'm sure we could start an entire thread on titles that have riffed off of earlier titles--movies, books, songs--so I don't think it's such a big deal. I still maintain Bradbury's ONLY problem was with Moore's politics.

OTOH, another poster mentioned Bradbury's ego--did somebody here actually meet him? I'd be interested to know how that went.
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Lisa Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:04 PM
Response to Original message
65. sorry, Mr. Bradbury -- but this is a compliment to your work!
So calm down and accept it.

Seriously -- this is the kind of thing that distinguishes literature from pulp fiction. Orwell and Huxley -- Tolkien too -- are other speculative authors who have thus become immortal, even if it may not have been exactly what they intended. That's life!

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lolly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:10 PM
Response to Reply #65
67. Speaking of Huxley
"Brave New World" was borrowed from a line in Shakespeare's "The Tempest."

Too bad the Bard wasn't around to bitch and whine when Huxley stole his words!
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:09 PM
Response to Original message
66. As long as he doesn't claim it to be "Fair and Balanced"
:shrug: Franken found out what makes them snivel and laughed in their face
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lanparty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:23 PM
Response to Original message
70. It's a satire, dumbo!!!!

Maybe there is no such thing as satire where he comes from.

I'm about tapped out on patent/copyright/trademark infringements from reading Slashdot. If Bradbury things feels so strongly, he should sue Moore.

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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 05:32 PM
Response to Original message
73. Bradbury is a right winger - here is another thread on this subject
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Generic Other Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-07-04 07:29 PM
Response to Original message
79. Anyone ever heard of a literary allusion?
"A figure of speech that makes brief, often casual reference to a historical or literary figure, event, or object. Always indirect... attempts to tap into the knowledge and memory of the reader in order to secure a resonant emotional effect." Holman Handbook to Literature

F451 is about firemen setting books on fire forcing others to save the lost knowledge through memory.

F9/11 is about firemen losing their lives in a fire and having others try to suppress information about the event, so that all we have left to us is memory to try and piece together the truth.

Hmmm...the connection is pretty obvious to this English major. Moore's work pays homage to Bradbury's. The fact that Bradbury does not appreciate the gesture means nothing and has NO legal standing. Nothing has been taken from him. Another artist has chosen to reference his work for a legitimate literary reason.
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wtmusic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 10:20 AM
Response to Original message
84. Another pathetic RW ego basking in his former glory
Shut up...just shut up.
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Bread and Circus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 10:24 AM
Response to Original message
86. U know what, I think Ray can go suck a lemon...he stole
Edited on Tue Jun-08-04 10:24 AM by familydoctor
the phrase Fahrenheit 451 from scientists.....you didn't see them
complaining.

We all share and borrow ideas from each other and turn them
into something new.

It's the "human" thing to do.

Give me a break.
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goodhue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-08-04 04:18 PM
Response to Original message
87. kick for contrast n/t
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