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(Jezebel)   Mitt Romney ignores Peter Berg's letter demanding he stop using "clear eyes, full hearts, can't lose" as a campaign slogan and starts producing crappy wristbands using it for $10 a pop   (jezebel.com ) divider line
    More: Followup, Peter Berg, Mitt Romney, wrist bands, slogans, eyes  
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5600 clicks; posted to Entertainment » on 23 Oct 2012 at 12:06 AM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-10-23 10:04:34 AM  
People, people! We're forgetting what's important here:

slanchreport.files.wordpress.com
 
2012-10-23 10:06:34 AM  
What is the deal with rule breakers and wristbands? I bet the funds aren't even going to campaign research or election strategy, instead it all goes to election awareness.
 
2012-10-23 10:27:37 AM  

LarryDan43: What is the deal with rule breakers and wristbands?


I'm surprised more of the GOP aren't wearing this.

www.alrdesign.com
 
2012-10-23 10:40:50 AM  

EyeballKid: LarryDan43: What is the deal with rule breakers and wristbands?

I'm surprised more of the GOP aren't wearing this.

[www.alrdesign.com image 364x176]


Yeah, because that only goes one way, right?
 
2012-10-23 10:44:45 AM  
Mitt just wants to open the windows in a plane. He's never had a beer. His horse competes in multimillion dollar events. Hes cool with stepping on the common man. Just what the doctor ordered, right?
 
2012-10-23 10:47:40 AM  

Crewmannumber6: EyeballKid: LarryDan43: What is the deal with rule breakers and wristbands?

I'm surprised more of the GOP aren't wearing this.

[www.alrdesign.com image 364x176]

Yeah, because that only goes one way, right?


www.usnews.com
b-b-b-b-but ACORN!!!!
 
2012-10-23 11:06:13 AM  
My assumption is you don't own a trademark or copyright on a line just because it exists in a script.

If you could, Lucas would have sued everyone that said " May the Force be with you " in the last 35 years.
 
2012-10-23 11:12:30 AM  

stoli n coke: you are a puppet: missiv: What's next, every kiss begins with Mitt?

ba da ba ba ba i'm lovin mitt

Just do Mitt.


Not even with someone else's vagina.

/Mitt's in your mouth, not in your hands.
//ewwww. I made myself sick.
///I think I'll skip lunch today.
 
2012-10-23 11:28:54 AM  

zerkalo: Chris Deberg?


Don't pay the ferryman, Mitt! Don't even fix a price, until he gets you to the other side!
 
2012-10-23 11:35:53 AM  

whidbey: Oh and I'm guessing the wristbands were made in China. Good job, there.


If they're fan-made, maybe, but if they're official campaign swag, I'm betting not. I'm not a mittfan, but having official campaign stuff made somewhere other than the USA is like running for President as a Democrat or Republican and not having your logo be red, white, and blue. It's just not done, and as many mistakes as Romney's had, Chinese-made official swag hasn't been one thus far (amusing photoshops notwithstanding).
 
2012-10-23 12:10:01 PM  
Let's all pretend to be outraged, cuz that would be fun.
 
2012-10-23 12:30:37 PM  

andrewagill: give me doughnuts: andrewagill: stoli n coke: Fair use doesn't qualify if you attach said stolen line to a piece of merchandise and sell it without cutting the copyright owner in on the profits.

Not true.

There is a four factor test to fair use.

1.) the purpose and character of your use
2.) the nature of the copyrighted work
3.) the amount and substantiality of the portion taken, and
4.) the effect of the use upon the potential market.

It is by definition a subjective question. By no means are you prevented from using that for profit if enough of even one of the other factors makes it a fair use example.

I can't imagine that Romney's use would pass the 4-factor test, but still.

You forgot the rest of the first factor: "... including whether such use is of commercial nature or is for nonprofit educational purposes."

But it doesn't prohibit commercial use of the stuff. It's only one of the four factors. For example, in MATTEL INC. v. WALKING MOUNTAIN PRODUCTIONS:

In the action before us, Plaintiff Mattel Corporation asks us to prohibit Defendant artist Thomas Forsythe from producing and selling photographs containing Mattel's "Barbie" doll. Most of Forsythe's photos portray a nude Barbie in danger of being attacked by vintage household appliances. Mattel argues that his photos infringe on their copyrights, trademarks, and trade dress. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court's grant of summary judgment to Forsythe.
[...]
Having balanced the four § 107 fair use factors, we hold that Forsythe's work constitutes fair use under § 107's exception. His work is a parody of Barbie and highly transformative. The amount of Mattel's figure that he used was justified. His infringement had no discernable impact on Mattel's market for derivative uses. Finally, the benefits to the public in allowing such use - allowing artistic freedom and expression and criticism of a cultural icon - are great. Allowing Forsythe's use serves the aims o ...


Please note the selected word. You seem to be implying that the Romney campaign's use of the copyrighted phrases are used in a parodic manner.
It is not.

If someone were to start selling yellow rubber bracelets with the legend "CHEATSTRONG" molded into them, then that would fit the fair-use parody exception.
 
2012-10-23 12:41:44 PM  
Even if Michael Moore wanted to use my music, I would be flattered that I was popular enough to be wanted for that sort of thing and I would thank him for the the further publicity.
 
2012-10-23 12:43:15 PM  
You can always go spend your money at the Obama Store. They are having a BIG CLEARANCE SALE.
 
2012-10-23 12:45:51 PM  

STRYPERSWINE: Even if Michael Moore wanted to use my music, I would be flattered that I was popular enough to be wanted for that sort of thing and I would thank him for the the further publicity.


We have established what you are. We are now merely haggling over the price.
 
2012-10-23 12:57:30 PM  

lelio: Wait, is this the same Peter Berg the director of Battleship? I'm debating who I want to win in this fight. Better nuke them both from orbit just to be sure.


Battleship was one of the greatest boobie free movies ever created. It was way way better than the hate it gets suggests.
 
2012-10-23 12:58:50 PM  

douchebag/hater: What a bunch of whiny losers the first four posters are.

It's called 'Fair Use'.



This is not an example of fair use.

Here's a clue: Fair use does not mean "I get to use a little of whatever I want."

I will leave it to you to determine what it does mean.
 
2012-10-23 01:18:56 PM  
Forget the commercial or copyright aspects of this, the headlines are now "Writer does not endorse Romney."

The optics of that more than negate whatever good these bracelets and this slogan are doing for the Romney campaign.
 
2012-10-23 01:30:08 PM  

redqueenmeg: whidbey: Oh and I'm guessing the wristbands were made in China. Good job, there.

If they're fan-made, maybe, but if they're official campaign swag, I'm betting not. I'm not a mittfan, but having official campaign stuff made somewhere other than the USA is like running for President as a Democrat or Republican and not having your logo be red, white, and blue. It's just not done, and as many mistakes as Romney's had, Chinese-made official swag hasn't been one thus far (amusing photoshops notwithstanding).


Oh please. Romney already got shiat for having China-made flag pins.

No way these bracelets are from the USA.
 
2012-10-23 03:33:47 PM  
UNLEASH THE PATENT TROLLS!

/They exist purely for this moment.
 
2012-10-23 08:02:19 PM  
Romney 2012!
 
2012-10-24 12:23:05 AM  

redTiburon: Who the hell is Peter Berg?


He was good in this movie

i30.photobucket.com
 
2012-10-24 06:37:05 AM  

cetacei: redTiburon: Who the hell is Peter Berg?

He was good in this movie

[i30.photobucket.com image 382x567]


Veri Bad Things. Just when you think things can't get worse, they do.
 
2012-10-24 07:41:35 AM  

ManRay: My assumption is you don't own a trademark or copyright on a line just because it exists in a script.

If you could, Lucas would have sued everyone that said " May the Force be with you " in the last 35 years.


However, Lucas can, and has sued people that put "May the Force be with you," on a T-shirt they're trying to sell.

Your assumption is wrong. If you look at the credits or any movie or look into the first couple of pages of any book, you'll see something called a copyright.

That means whoever owns the copyright has a say on how that line, a.k.a. intellectual property, is marketed or merchandised. The only exception to this is if it is done in parody.
 
2012-10-24 08:07:40 AM  

give me doughnuts: Please note the selected word. You seem to be implying that the Romney campaign's use of the copyrighted phrases are used in a parodic manner.



No I am not. Please note my earlier comment below.

andrewagill: I can't imagine that Romney's use would pass the 4-factor test, but still.

 
2012-10-24 09:47:54 AM  

stoli n coke: ManRay: My assumption is you don't own a trademark or copyright on a line just because it exists in a script.

If you could, Lucas would have sued everyone that said " May the Force be with you " in the last 35 years.

However, Lucas can, and has sued people that put "May the Force be with you," on a T-shirt they're trying to sell.

Your assumption is wrong. If you look at the credits or any movie or look into the first couple of pages of any book, you'll see something called a copyright.

That means whoever owns the copyright has a say on how that line, a.k.a. intellectual property, is marketed or merchandised. The only exception to this is if it is done in parody.


There are many exceptions to copyright under fair use (NOTE TO THOSE JOINING US: ROMNEY'S USE IS PROBABLY NOT FAIR USE). Parody is only one example. For example, Blanch v Koons was about a collage, Niagara, which was not a parody.

"Niagara," on the other hand, may be better characterized for these purposes as satire -- its message appears to target the genre of which "Silk Sandals" is typical, rather than the individual photograph itself. See Rogers, 960 F.2d at 310 (concluding that a previous work by Koons was not a parody because "the copied work must be, at least in part, an object of the parody" and it was "difficult to discern in Koons's work] any parody [*255] of the photograph . . . itself").

[And yet the opinion concludes]

We therefore conclude that neither he nor the other defendants engaged in or are liable for copyright infringement. We affirm the judgment of the district court.


The Supreme Court has said in the past that satire is not protected, unlike parody. ``[A] humorous or satiric work deserves protection under the fair-use doctrine only if the copied work is at least partly the target of the work in question''. The distinction here is that other factors are involved which make Niagara fair use.

One other thing is that copyright does not really apply for very short things like slogans or taglines. That is trademark law, and fair use for trademark does not include such clear allowances for parody or many other things that are essential parts of copyright fair use, hence the suits against Victor's Little Secret or Sam Buck's Coffee.
 
2012-10-24 07:20:13 PM  
The last case I read of an artist demanding politician stop using his song, it turned out the campaign people had done the necessary legal steps of actually licensing the song. Is it possible that is also the case here?

Note to artists, if you don't want politicians to use your song, don't sign the rights over to an agency that doesn't care what your political beliefs happen to be.
 
2012-10-24 07:22:22 PM  

MrPenny: douchebag/hater: What a bunch of whiny losers the first four posters are.

It's called 'Fair Use'.

Deal with it.

Oh and btw OBAMA is rich, too, to the tune of several millions of dollars but I guess that's ok because he's
a 'Progressive' and rich CONSERVATIVES are bad.

Farking allah you people are stupid.

Nah, it doesn't appear to clearly fit withing the guidelines for "fair use."

And, Obama earned his money the old fashioned way. He worked for it.


I didn't realize a career in community organizating was so lucrative.
 
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