posted on May 26, 2001 11:40:55 AM new
"A federal appeals court yesterday lifted an injunction against publication of "The Wind Done Gone," a "Gone With the Wind" parody at the center of a closely watched dispute over copyright law, the First Amendment and who owns some of literature's most memorable characters."
posted on May 26, 2001 11:57:55 AM new
Wow. That blows my mind. The article is unclear on what the Court based its ruling upon. Sounds like the Court is saying that the First Amendment supersedes any copyright protection. Unbelievable. This will open a can of worms. Copyrights? What copyrights? Under this ruling anyone's work can be stolen via this "parody" ruling, making millions for the thief!
posted on May 26, 2001 12:49:24 PM new
I think this is what is called "between a rock and a hard place". If this story has the characters of Gone With The Wind, then I agree it's infringement. But if it does not, but alludes to it, then I dont see how anyone can own an idea. Say someone wants to write about Kathy Bates characters mother, from the MISERY book by Stephen king. Do they have a right to do so, IF the character she played is not mentioned, but alluded to? Say the mother wants to tell the story of how her daughter got so insane. Is that infringement is she is not named? (Just a sample). Myself, I want to read this The Wind Done Gone. The second sequel where Rhett and Scarlet got together after all, sucked, in my opinion. To read the "supposed" thoughts and opinions of a "fabricated" story out of someone elses mind about the slaves perception on another "fabricated" story is the right to have imagination, even if its "borrowed" from someone elses imagination.
posted on May 26, 2001 01:23:57 PM new
Writers have been borrowing and learning from previous authors since the beginning of time. In the same way, art is repeated over and over again with a new viewpoint.
posted on May 26, 2001 03:14:41 PM new
Reminds me of some rap "artists." They can't come up with anything original, so they "sample" songs written by other people and incorporate it into their own composition.
posted on May 26, 2001 04:13:13 PM new
I'm still irritated at Vanilla Ice (like he cares LOL!) over the theft from Queen/David Bowie. Like "Ice Ice Baby" could measure up to anything "Under Pressure". Sheesh.
posted on May 29, 2001 09:49:54 AM new
I'm actually happy with the ruling. Sometimes the parody is almost as good as the original. Anyone remember "Bored of the Rings?" Probably, just to keep it from even going this far into the courts, the writer should have renamed the characters; "Harlot" O'Hara, for example.
Sheesh.