Surely this isn't legal...

[..]

I was in my school library yesterday and I glanced at the shelf and guess what I saw staring back at me. There was a book called Monkey Island. I though woohoo a book about the wonderfull game.. but it's got nothing to do with the game. Or monkey's.. or islands to be precise...

Did some research and found
http://cabobble.com/products/productdetails.aspx?ItemID=0440407702

It says it was puclished in 1993.. Wasn't mi1 made befor that?

[Meowster]

And all those Islands in the world should be sued as well. Bastards.

[Damien]

About the book:

Abandoned by his parents in New York, eleven-year-old Clay Garrity befriends two homeless men in the park and learns to survive on the streets in the dead of winter. By the author of The Slave Dancer. Reprint. K. H. AB.

Forced to live on the streets of New York after his mother disappears from their hotel room, eleven-year-old Clay is befriended by two men who help him survive

What does that have to do with Monkey Island the game?

[..]

I think we should sue all the monkeys as well...

What does that have to do with Monkey Island the game?

Absoulutely nothing...

[remixor]

It says it was puclished in 1993.. Wasn't mi1 made befor that?

Yes

[Domino]

I just had a brilliant idea. Wouldn't Monkey Island be a perfect name for an adventure game?

sarcasm, cough, cough

[Rave]

Wow. It must be such a great book too!!! It costs a whole FOUR DOLLARS!!! I better save up so I can afford it so I can put it in the fire place and burn it.... And then write a letter to the monkeys to display my grief and offense.

[juncmodule]

If I'm not mistaken it is legal.

I may be wrong about this but I believe that US Copyright law gives you only rights to a Copyright on the medium you register it under. What this means is, if LucasArts only filed for a copyright as a Computer Game then they don't own rights to it in other mediums, such as books.

Also, just because the book was published in 93 doesn't mean that the author didn't file for a copyright long before then, perhaps beating LucasArts to the punch (at least as far as books are concerned).

Just a theory.

later,
-junc

[Ashen]

Also, since it's so obviously, completely unrelated, there's really no problem. If it was called Monkey Island, was about pirates and had a main character called 'Guythrush Breepwood', then they'd be in trouble, my yes.

Maybe we should still burn it, though, just to be safe.

[bspeers100]

I believe we had this same discussion on the old Ez-Board.  It was about some other subject.  A title cannot be copywrited, only the material can be, as long as the material is not the same as the original, the title is fine.

For example, I could make a movie called "The Cable Guy"--it would be confusing, but not illegal, as long as it didn't include Jim Carrey speaking at the top of his lungs.

[Queen Kara]

Although it would probaby make it illegal , ( not that I would want that of course but just saying...*wink* ) , why bother to title a book "Monkey Island" if it isn't about monkeys , pirates , or islands?
*laughs*

I just took a look at the cover.
Nice art.

[Jockstrap]

Maybe it turns out that the two men are actually two monkeys and the whole thing was in the mind of shipwrecked pirate. I'm sure that's the twist at the end...

[Sylpher]

I may be wrong about this but I believe that US Copyright law gives you only rights to a Copyright on the medium you register it under. What this means is, if LucasArts only filed for a copyright as a Computer Game then they don't own rights to it in other mediums, such as books.

I thought so too.. Until I came across this.

http://www.ppc4all.com/appdetail.php?id=2628

Screw books! This has gotta be copyright infringement.

[remixor]

I may be wrong about this but I believe that US Copyright law gives you only rights to a Copyright on the medium you register it under. What this means is, if LucasArts only filed for a copyright as a Computer Game then they don't own rights to it in other mediums, such as books.

I thought so too.. Until I came across this.

http://www.ppc4all.com/appdetail.php?id=2628

Screw books! This has gotta be copyright infringement.

Well, that is the same medium as the original Monkey Island (video games) so I'd think it's certainly infringement.

[modgeulator]

In a sort of related matter, has anyone heard the song "Monkey Island" by the 13th Floor Elevators? I've wondered if that's where they took the name from. It'd be pretty cool if they did.

[juncmodule]

I thought so too.. Until I came across this.

http://www.ppc4all.com/appdetail.php?id=2628

I tried to "buy" the product and tried to check out the developer website. Both are dead. Looks like the LucasHitmen already got em'

later,
-junc

[Rave]

I may be wrong about this but I believe that US Copyright law gives you only rights to a Copyright on the medium you register it under. What this means is, if LucasArts only filed for a copyright as a Computer Game then they don't own rights to it in other mediums, such as books.

So.....can I make a computer game called Grapes of Wrath about a penguin who loves grapes who fights canabals or write a book intitled Quest for Glory about a fictional politician as he strives to become president? How about I make a movie and call it The Greatful Dead  about zombies who attack an innocent village in switzerland?

[Scummbuddy]

If its discernable enough to not seem like its the same exact thing, then yes. This happened with the Spam product. A court said they weren't alike, and people were smart enough to know the difference.

[remixor]

I may be wrong about this but I believe that US Copyright law gives you only rights to a Copyright on the medium you register it under. What this means is, if LucasArts only filed for a copyright as a Computer Game then they don't own rights to it in other mediums, such as books.

So.....can I make a computer game called Grapes of Wrath about a penguin who loves grapes who fights canabals or write a book intitled Quest for Glory about a fictional politician as he strives to become president? How about I make a movie and call it The Greatful DeadÃ,  about zombies who attack an innocent village in switzerland?

Yes, this sort of thing happens all the time.

[Timosity]

I don't know the law exactly as it's different in different countries/places/states

but as far as I know, you don't physically register or pay for copyrights, copyrights are free and start at the time you create whatever it is.

Eg. If you write something original it is copyright automatically, same if you draw something, take a photo, come up with any idea, compile an original list of web links, and many other things (unless you sign the rights over to someone else, eg. if you work for a magazine, it might be in your contract that every photo you take for work belongs to them.)

It's different with Trade Marks & I don't know the details but it costs money.


But there is something else I'm not sure what it is but must cost money as I think Virgin tried to do it. So no one could use the word virgin except them. Fucken wankers imagine if you were in the playground at school and you said 'hey **** is a virgin', you could be sued by them. As if you can own a word for use by you only.   I think that might of been a bit of bullshit, but anyway.

© 2004 Tim Doherty

(and you don't need to include the "©" symbol as it is just used as a reminder that what you are looking at is copyright.)

Edit: and in music, Lyrics & Music are seperate copyrights

[remixor]

But there is something else I'm not sure what it is but must cost money as I think Virgin tried to do it. So no one could use the word virgin except them. Fucken wankers imagine if you were in the playground at school and you said 'hey **** is a virgin', you could be sued by them. As if you can own a word for use by you only.Ã,  Ã, I think that might of been a bit of bullshit, but anyway.

Er, no, it doesn't work like that.  They can't sue you for using a standard word just because it's their name.  They registered the trademark so that other companies can't be named "Virgin."

[Timosity]

Er, no, it doesn't work like that.  They can't sue you for using a standard word just because it's their name.  They registered the trademark so that other companies can't be named "Virgin."

No, it wasn't just a trade mark, they tried to go a step further but I don't think they pulled it off. But it wasn't like the example I gave, that was a joke, but I can't really back up this rumour and I don't know in what uses they wanted ownership of the word.

[Las Naranjas]

I'd say this discussion was Fair and Balanced, but I can't afford it.

[juncmodule]

but as far as I know, you don't physically register or pay for copyrights

Although as far as I know you are correct, perhaps as far as international copyright goes, there is a catch.

Court. You have to prove that you created the material you are trying to protect. In America, and I'm sure it would work in any other country, there is a little trick to do just that. Mail it to yourself, and keep the unopened letter. This is a way for poor writers to have a legal proof of their copyright (well, the date) and as far as I know has been used for decades.

You are however absolutely correct regarding the "once you create it you own it" theory.

The "virgin" thing I believe is a matter of trademark, not copyright. I don't believe you can copyright a word, or even phrase. I'm not too clear on what the seperations between what a slogan mark, trade mark, copyright, etc. are.

later,
-junc

[..]

I read a story once about Posh spice trying to sue this football club whos nickname is the Posh. .

[Fuzzpilz]

I don't like to ruin Oranges' fun, but in case you missed it when it was in the news, here is one link for what he's talking about.

The Virgin thing very faintly rings a bell, but I can't think of anything either.

Edit: and in music, Lyrics & Music are seperate copyrights

And recordings of the music are yet another pair of shoes. For example. grabbing a CD off the top of one of my stacks at random - "Hail to the Thief" by Radiohead, as it happens - I can see that the recording's copyright is owned by EMI (Parlophone), while the publisher (who often owns the copyrights relating to the songs themselves and their lyrics) is Warner Chappell, which belongs to Time Warner.
The recording industry giants tend to be music publishers as well - EMI claims to be "the world's largest music publisher in terms of copyrights owned, controlled or administered".

[LGM]

haha.. Al Franken is funny.

[Ashen]

there is a little trick to do just that. Mail it to yourself, and keep the unopened letter. This is a way for poor writers to have a legal proof of their copyright (well, the date) and as far as I know has been used for decades.

As I understand this, it has to be sent registered delivery, so there's an official, accurate measure of when it was sent. And, as you said, it's a way for POOR writers to get copyright, implying there is expense.  Like Timosity said, I think you do get immediate copyright on anything you create, but you have to register - and pay - if you want to be able to PROVE you did it first.

[Rave]

Remixor, this is a warrent for your arrest. You used content from my post which was original to me and automatically copyrighted under law, without my verbal or written approval. *slaps handcuffs on him* You have the right to remain silent. Anything you say or do will be twisted to give you a longer sentance. You have the right to an attorny. If you cannot afford one, well...too bad.

Well hey, that sounds like a great law.....huh? Whats that? *ballif hands Rave' a note*  WHAT?!? I'm being sued by juncmodule for using his quote without his permission! But....but......." *gets thrown in the cell with remixor*