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(Tech Dirt)   Remember the warm and fuzzies you got when you saw Calvin and Hobbes photoshopped into real life photos? I hope you do because the copyright fairies have struck again   (techdirt.com) divider line 72
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7791 clicks; posted to Geek » on 27 Feb 2013 at 6:45 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-02-27 05:23:23 PM  
Don't fark with Bill Watterson
 
2013-02-27 05:24:10 PM  
how bout the calvin pissing decals, because i can never start laughing at those.
 
2013-02-27 05:34:58 PM  

SpikeStrip: how bout the calvin pissing decals, because i can never start laughing at those.


+1

Oh, and people need to RTFA because the headline has nothing to do with it.
 
2013-02-27 05:37:22 PM  
not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.
 
2013-02-27 05:42:04 PM  

SpikeStrip: how bout the calvin pissing decals, because i can never start laughing at those.


I like these better because they're so true to the character!

2.bp.blogspot.com
 
2013-02-27 06:21:31 PM  
That was the nicest cease and desist I've ever read.
 
2013-02-27 06:22:27 PM  
Were the photos he was using even his?  Or was he ripping those off to?

I don't see much to be outraged about.  He was cutting and pasting someone else's work onto photos (which themselves may have belonged to a different person) and posting them online.  He wrote to the publisher/rights holder of Calvin, asked if what he was doing was a violation of their copyrights, and they politely wrote back and said in their opinion he was.

Had he kept his mouth shut he probably would have flown under their radar, but by drawing their attention, he brought this on himself (or herself, I'm too lazy to check the gender of the "artist").

The next step would be writing back to find out if he could get a non-commercial license to the artwork, which it appears he hasn't asked for.  Then again this is Watterson, so he may have just told him to pound sand anyway.
 
2013-02-27 06:48:16 PM  
And as a copyright holder, they have to go after anyone who uses the work in any capacity, or it diminishes their ability to assert in more egregious cases.
 
2013-02-27 06:48:56 PM  

tenpoundsofcheese: not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.


Sorta like your politics tab posts?
 
2013-02-27 06:51:22 PM  

Duke Phillips' Singing Bears: That was the nicest cease and desist I've ever read.


brokenpianoforpresident.files.wordpress.com
 
2013-02-27 06:57:08 PM  
 
2013-02-27 07:18:16 PM  

machodonkeywrestler: tenpoundsofcheese: not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.

Sorta like your politics tab posts?


all of my politics tab posts respect the rights of the copyright holders.
I
 
2013-02-27 07:23:12 PM  

tenpoundsofcheese: machodonkeywrestler: tenpoundsofcheese: not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.

Sorta like your politics tab posts?

all of my politics tab posts respect the rights of the copyright holders.
I


I've never ONCE see you credit Norman Lear for writing your material.
 
2013-02-27 07:25:28 PM  

unlikely: And as a copyright holder, they have to go after anyone who uses the work in any capacity, or it diminishes their ability to assert in more egregious cases.


You're thinking of Trademarks, where you can lose it if you don't rigorously defend it.
 
2013-02-27 07:26:42 PM  
Aww I was the subby of the original article a few days ago. I thought it was a cute and creative idea, and I'm sad to see it shut down. It was nice while it lasted :(
 
2013-02-27 07:44:31 PM  

RexTalionis: Duke Phillips' Singing Bears: That was the nicest cease and desist I've ever read.

[brokenpianoforpresident.files.wordpress.com image 850x1093]


Wow, that is a great.
 
2013-02-27 07:44:47 PM  

ShawnDoc: unlikely: And as a copyright holder, they have to go after anyone who uses the work in any capacity, or it diminishes their ability to assert in more egregious cases.

You're thinking of Trademarks, where you can lose it if you don't rigorously defend it.


I'm not a lawyer but I work with a lot of writers and artists who deal with this daily.
I defer to their professional understanding, which has always been as I expressed previously.
 
2013-02-27 07:49:41 PM  
Lame idea, and lame execution...    He didn't even put their reflection in the pond, which presumably should've been obvious.
 
2013-02-27 07:54:56 PM  
I'm OK with this. Those were shiatty.
 
2013-02-27 07:56:47 PM  

cretinbob: Don't fark with Bill Watterson


I doubt Watterson would have been too upset about this particular infringement. He disliked/dislikes rampant commercialization... I don't know if he would have a problem with a derivative artistic work that wasn't being sold. That being said... who knows really. Nobody's heard from him for decades.
 
2013-02-27 07:58:04 PM  

unlikely: And as a copyright holder, they have to go after anyone who uses the work in any capacity, or it diminishes their ability to assert in more egregious cases.


That's trademarks.
 
2013-02-27 07:58:14 PM  
So, what does this mean for Hobbes and Bacon?
 
2013-02-27 08:00:31 PM  

unlikely: I'm not a lawyer but I work with a lot of writers and artists who deal with this daily.
I defer to their professional understanding, which has always been as I expressed previously.


Ha ha ha, like they'd know.  No, ShawnDoc is right, at least in theory.  Trademark rights derive from association and continued use, and so you have to defend them.  Copyright is granted legally and so you have protection regardless of whether you defend.

Presumably a good lawyer might be able to make a common law argument that by egregiously refusing to assert copyright protection one releases the work into the public domain.  That might be what the authors you speak of were thinking.
 
2013-02-27 08:00:40 PM  
Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?
 
2013-02-27 08:07:18 PM  
don't give a shat about calvin or hobbes but i read the original post and thought the pics were pretty cool.  Looks like i'll go back to not giving a shat about c&h
 
2013-02-27 08:08:20 PM  
One of my lottery millionaire fantasies is to contact Watterson and commission paintings from him.  I wouldn't even ask for Calvin and Hobbes stuff, I'd tell him to just do whatever he felt like doing.
 
2013-02-27 08:08:39 PM  

miscreant: cretinbob: Don't fark with Bill Watterson

I doubt Watterson would have been too upset about this particular infringement. He disliked/dislikes rampant commercialization... I don't know if he would have a problem with a derivative artistic work that wasn't being sold. That being said... who knows really. Nobody's heard from him for decades.


Props to Jim Davies and the way he handled Garfield Without Garfield. Say what you like about the strip, and I like it, but the guy is great by all accounts. There was a Fark thread a couple of years ago about a web comic who put a Garfield cameo in their strip and Davies sent them a hand drawn original Garfield.
 
2013-02-27 08:11:11 PM  

insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?


Just for you:

media.tumblr.com
 
2013-02-27 08:12:25 PM  

miniflea: One of my lottery millionaire fantasies is to contact Watterson and commission paintings from him.  I wouldn't even ask for Calvin and Hobbes stuff, I'd tell him to just do whatever he felt like doing.


From what I've read, you would have a hell of a time finding him.
 
2013-02-27 08:14:49 PM  

Flint Ironstag: Props to Jim Davies and the way he handled Garfield Without Garfield. Say what you like about the strip, and I like it, but the guy is great by all accounts. There was a Fark thread a couple of years ago about a web comic who put a Garfield cameo in their strip and Davies sent them a hand drawn original Garfield.


I don't doubt it. Davies has made money had over fist with that cat. I doubt he worries much about copyright infringement much at this point. I don't find Garfield funny at all... but it was a riot when I was 5.
 
2013-02-27 08:28:00 PM  

SpikeStrip: how bout the calvin pissing decals, because i can never start laughing at those.


There was a time when Calvin's copyright was accidently allowed to expire. Many bumper sticker rednecks pounced on the accident for their own benefit.
 
2013-02-27 08:40:26 PM  

tenpoundsofcheese: not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.


Why?  No one respects copyright.  Just go into any pirate bay or illegal downloading discussion.
 
2013-02-27 08:41:19 PM  

stuhayes2010: There was a time when Calvin's copyright was accidently allowed to expire.


[citation needed]
 
2013-02-27 08:43:54 PM  

RexTalionis: Duke Phillips' Singing Bears: That was the nicest cease and desist I've ever read.

[brokenpianoforpresident.files.wordpress.com image 850x1093]


Holy crap, that's so awesome, I may even buy a bottle to toast their awesomeness!

/ Hmm, maybe Gentleman Jack, not Old No. 7
 
2013-02-27 08:47:19 PM  
www.nerfnow.com
 
2013-02-27 08:47:30 PM  

miscreant: miniflea: One of my lottery millionaire fantasies is to contact Watterson and commission paintings from him.  I wouldn't even ask for Calvin and Hobbes stuff, I'd tell him to just do whatever he felt like doing.

From what I've read, you would have a hell of a time finding him.


He's not hard to find if you know which small Ohio town he has roots in.   I have family that knows his family.

/he's really private and really against his work being used in a commercial sense, so best of luck to his attorneys
 
2013-02-27 09:04:06 PM  

ha-ha-guy: miscreant: miniflea: One of my lottery millionaire fantasies is to contact Watterson and commission paintings from him.  I wouldn't even ask for Calvin and Hobbes stuff, I'd tell him to just do whatever he felt like doing.

From what I've read, you would have a hell of a time finding him.

He's not hard to find if you know which small Ohio town he has roots in.   I have family that knows his family.

/he's really private and really against his work being used in a commercial sense, so best of luck to his attorneys


I know, and I respect him for it.  In one of his collections he wrote a bit about why he fought so hard to prevent licensing and merch, despite the fact that he was giving up probably millions of dollars.  It made sense, and honestly I think he is correct in saying that stuff cheapens the creative work.

Honestly, the response (if I got one) I expect would be a polite "no, thank you", but a man can dream.
 
2013-02-27 09:10:33 PM  

insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?


i.imgur.com
Sure, why not?
 
2013-02-27 09:11:44 PM  

miscreant: insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?

Just for you:

[media.tumblr.com image 402x511]


I know it was obligatory, but now I'm depressed.
 
2013-02-27 09:37:25 PM  


Hi Michael,

Thanks for your inquiry.

I'm sorry to say that it is our view that what you're doing is in violation of the copyright of Calvin & Hobbes. This is no reflection on the artistic merit of what you've done and certainly not a personal condemnation of the pieces you've created.

We're protective of the copyright for a variety of reasons, most importantly it is the express and unwavering wish of the creator that any use of Calvin and Hobbes was limited to work he'd created and in very specific formats.

Because that is the case, we would politely request that you take down the works you've created that contain any Calvin and Hobbes images.

You look to be an outstanding artist and we wish you the best in your future endeavors.

Sincerely,

John Glynn
Universal Uclick

Andrews McMeel Universal
 
2013-02-27 09:44:36 PM  

RexTalionis: Duke Phillips' Singing Bears: That was the nicest cease and desist I've ever read.

[brokenpianoforpresident.files.wordpress.com image 850x1093]


http://27bslash6.com/covers.html

Less nice, but much funnier
 
2013-02-27 09:47:15 PM  
And then you get the ones who don't even understand parody.

/schlock fans will understand
 
2013-02-27 09:50:20 PM  

machodonkeywrestler: tenpoundsofcheese: not cool to rip off Watterson like that.

he should try to create his own art and not just be derivative and not respect copyright holders.

Sorta like your politics tab posts?


Can you keep whatever petty bs you two have to the politics tab?
 
2013-02-27 09:56:34 PM  
How is this not parody?

And, for the Record, this is why Jim Davis published under Paws Inc after buying the rights to his own work.
 
2013-02-27 09:57:39 PM  

miscreant: insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?

Just for you:

[media.tumblr.com image 402x511]


So uh...I was having a pretty good evening. Then you posted this. God dammit.
 
2013-02-27 10:02:48 PM  

TheZorker: How is this not parody?


Parody requires some kind of commentary on the original work. These pieces don't really do that.
 
2013-02-27 10:10:19 PM  
 
2013-02-27 10:11:18 PM  
Oh, and one of his original paintings for a Calvin and Hobbes calendar hit the market somehow.
http://robot6.comicbookresources.com/2012/02/comics-a-m-calvin-and-h ob bes-watercolor-sells-for-107000/
 
2013-02-27 10:34:53 PM  

miscreant: insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?

Just for you:

[media.tumblr.com image 402x511]


Man, I especially hate that one because that's @#%#@ NOT HOW ADHD MEDICATION WORKS.
 
2013-02-27 10:38:30 PM  

insano: miscreant: insano: Well this is a Calvin and Hobbes thread. Is someone going to post the really sad one?

Just for you:

[media.tumblr.com image 402x511]

I know it was obligatory, but now I'm depressed.


Eddie Ate Dynamite: So uh...I was having a pretty good evening. Then you posted this. God dammit.


Then allow me to post this nifty antidote, courtesy of Pants Are Overrated (Dan & Tom Heyerman & Hazel Mae Donovan):
i.imgur.com
This is strip #1 of 4. The others can be found easily enough with an image search,

There have been other "Calvin Grown-Up, Has Child, Gives Him/Her Hobbes" tributes (including someone else doing sequels to these), but none that I know of that could be this easily mistaken for Watterson's work.
 
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