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(Tech Dirt)   'Harry Potter Festival' Changes Name To 'Generic Magic Festival' Due To WB's Bullying   ( techdirt.com) divider line
    More: Amusing, Warner Bros., Harry Potter Festival, Harry Potter, Potter intellectual property, capricious bullying efforts, Generic Magic Festival, aka legalized corruption, Time Warner  
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1080 clicks; posted to Geek » on 13 Sep 2018 at 8:05 AM (9 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2018-09-13 08:03:48 AM  
That sucks.  There's libraries that have Harry Potter themed events.  Is WB going after them as well?

/Assholes
 
2018-09-13 08:08:47 AM  
Good opportunity to introduce Harry Potter fans to far superior fantasy works. Which, considering HP is decent quality training wheels for fantasy, would be just about all of them.
 
2018-09-13 08:10:51 AM  

Boojum2k: Good opportunity to introduce Harry Potter fans to far superior fantasy works. Which, considering HP is decent quality training wheels for fantasy, would be just about all of them.


They should just get in touch with Jim Butcher.
 
2018-09-13 08:19:30 AM  
I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?
 
2018-09-13 08:23:02 AM  

Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?


If there's a penny to be made on their product, then it better be going into their pockets and nobody else's or so help me they will bring a hurt of litigation down on you.

/And they'll make sure you foot the lawyers bills, too.
 
2018-09-13 08:23:09 AM  

Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?


They may do something embarrassing in public that sullies the brand.
 
2018-09-13 08:23:53 AM  

Chabash: Boojum2k: Good opportunity to introduce Harry Potter fans to far superior fantasy works. Which, considering HP is decent quality training wheels for fantasy, would be just about all of them.

They should just get in touch with Jim Butcher.


Among many. I'm tempted to make a list of recommended fantasy authors and post it, but it would be huge.
 
2018-09-13 08:25:34 AM  
Where's Principal Skinner when you need him?
 
2018-09-13 08:27:27 AM  

Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.


Like make an unnecessary split in the 7th book adaptation, just to sell more tickets?
Or what ever the hell was going on in Fantastic Beasts, couldn't get into it, failed the five minute test.
 
2018-09-13 08:34:35 AM  

Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?


Why?  Probably because Rule 34.
 
2018-09-13 08:36:01 AM  
Sadly, if you don't aggressively control your trademark you stand a chance of losing it. My guess is that they're enforcing trademark and don't want to licence it for whatever reason - the most likely being they were never contacted or have fallen out over terms of licensing (most likely over cost) -  after all, the organisers stand to profit from the franchise by holding this event.
 
2018-09-13 08:49:33 AM  
Should have gone with "Larry Putter's Festival of Magic Latin, and British Boarding Schools".
 
2018-09-13 08:50:59 AM  
Yeeaahhh, don't mess with WB. I sometimes sell stuff on Etsy (art prints) and on RedBubble (misc products with my art)...and when I did a cartoony Harry Potter and put it on RedBubble, I sold some shirts and some lady in the UK bought a handbag and within minutes, WB sent a Cease & Desist and had RedBubble take it all down. They do not mess around when it comes to licensing...especially with Harry Potter 
I did think of just slightly tweaking the drawings by giving the characters mustaches and glasses and what not and calling it "Larry Ploffer"...but I don't think they'd be amused by it.
 
2018-09-13 08:53:38 AM  

Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?


"Come to our Harry Potter festival, now being hosted by Vixen's Gentleman's Club, where we'll give your wand a special shine! Go for the magic, stay for the Luna Lovegood lookalike wrestling a Hermione lookalike in a vat of warm creamed corn! If you're not careful, you might "expecto" your "patronum".

Something like that.

/would go
 
2018-09-13 08:54:24 AM  
"The Roanoke Harry Potter Festival is happy to announce that we shall henceforth be known as Diagon Valley. We are excited to bring the magic back to the
Roanoke area on October 6, 2018"
 
2018-09-13 08:56:25 AM  

Chabash: Boojum2k: Good opportunity to introduce Harry Potter fans to far superior fantasy works. Which, considering HP is decent quality training wheels for fantasy, would be just about all of them.

They should just get in touch with Jim Butcher.


Or the ghost of Terry Pratchett.
 
2018-09-13 08:59:53 AM  
Why not just have a pig at the festival, and you can call it a Harry Plopper festival. Because a magic pig does whatever a magic pig does.

\can he speak? No he can't.  He's just a pig.
 
2018-09-13 09:01:13 AM  

the8re: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

If there's a penny to be made on their product, then it better be going into their pockets and nobody else's or so help me they will bring a hurt of litigation down on you.

/And they'll make sure you foot the lawyers bills, too.


When you get a bunch of HP fans together they eventually talk about (among many other things) visiting Hogsmead and Diagon Alley at Universal - Orlando and/or talk to people who have gone.  Everyone there has *at least* one "Noble Collection" item and that was usually bought for the express purpose of dressing up with other Potter fans (or for the event).

Wanting to take away such venues from fans is only going to hurt WB IMO.  You're going to end up with jaded fans and therefore less sales of your existing venues/products.

I'm guessing this is why organized quidditch teams don't mention "Harry Potter" very often - they're afraid WB will force them to call it something besides "quidditch".
 
2018-09-13 09:04:11 AM  

grinding_journalist: Go for the magic, stay for the Luna Lovegood lookalike wrestling a Hermione lookalike


img.fark.netView Full Size


I wonder what she's doing these days
 
2018-09-13 09:04:44 AM  

phaseolus: grinding_journalist: Go for the magic, stay for the Luna Lovegood lookalike wrestling a Hermione lookalike

[img.fark.net image 798x1201]

I wonder what she's doing these days


I had a feeling she'd grow'd up good.
 
2018-09-13 09:10:32 AM  

GoldSpider: I had a feeling she'd grow'd up good.


Not actually the actress from the movies, just a random Eastern European glamour model who looked just like her.
 
2018-09-13 09:15:42 AM  

phaseolus: GoldSpider: I had a feeling she'd grow'd up good.

Not actually the actress from the movies, just a random Eastern European glamour model who looked just like her.


I'll allow it.
 
2018-09-13 09:17:49 AM  

Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?


In a country where you'll get sued by looking at someone wrong
 
2018-09-13 09:53:07 AM  

King Keepo: Sadly, if you don't aggressively control your trademark you stand a chance of losing it. My guess is that they're enforcing trademark and don't want to licence it for whatever reason - the most likely being they were never contacted or have fallen out over terms of licensing (most likely over cost) -  after all, the organisers stand to profit from the franchise by holding this event.


Exactly.

Ever had people profit from your work?  It doesn't make you feel good.
 
2018-09-13 10:01:36 AM  
...what?! They own the movie rights, not the entire franchise!
 
2018-09-13 10:05:09 AM  
There was a Harry Potter themed cocktail bar called the Horcrux Emporium near my parents' house that was forced to change its name and other things. I think they actually were using images and materials from the films though.
 
2018-09-13 10:20:46 AM  
Parry Hotter, then theme it as a parody.

Try to use fair use as a shield...
 
2018-09-13 11:02:58 AM  

ArthurVandelay: Parry Hotter, then theme it as a parody.

Try to use fair use as a shield...


images-na.ssl-images-amazon.comView Full Size
 
2018-09-13 11:10:27 AM  

King Keepo: Sadly, if you don't aggressively control your trademark you stand a chance of losing it. My guess is that they're enforcing trademark and don't want to licence it for whatever reason - the most likely being they were never contacted or have fallen out over terms of licensing (most likely over cost) -  after all, the organisers stand to profit from the franchise by holding this event.


Bingo.
Trademarks are vastly different legally than copyright or patents.
You allow unauthorized folks to profit off it, and legally it is basically public domain now.
They don't go after these folks now, later they won't be able to go after the guy selling millions in unlicensed merchandise.
The libraries hosting reads are not charging admission, or even asking for donations in concert is why they are off the hook.
Or, they have an agreement with wb, or both.
 
2018-09-13 11:12:45 AM  

Muzzleloader: The libraries hosting reads are not charging admission, or even asking for donations in concert is why they are off the hook.
Or, they have an agreement with wb, or both.


I assumed it was because they were using Harry Potter for learning purposes, which falls under fair-use.

You can stick it to them, if you want to try.  Fair-use is a good battleground, but it can be a dangerous one.

A Fair(y) Use Tale
Youtube CJn_jC4FNDo
 
2018-09-13 11:27:38 AM  

ArthurVandelay: Muzzleloader: The libraries hosting reads are not charging admission, or even asking for donations in concert is why they are off the hook.
Or, they have an agreement with wb, or both.

I assumed it was because they were using Harry Potter for learning purposes, which falls under fair-use.

You can stick it to them, if you want to try.  Fair-use is a good battleground, but it can be a dangerous one.

[YouTube video: A Fair(y) Use Tale]


Doubt they will try.
WB doesn't care about them, I'm sure.
I doubt they really care about this festival either.
Why they go after the others is to keep someone from opening a hogwarts amusement park without having to  give them the lions share.
It is a pre-emptive strike legally.
 
2018-09-13 11:32:32 AM  

Muzzleloader: Why they go after the others is to keep someone from opening a hogwarts amusement park without having to  give them the lions share.
It is a pre-emptive strike legally.


Which would breach fair-use 100% and already be sue worthy.

IANAL However, back in the day (Wednesday), I operated a videography company.  I delved deep into copyright laws (so I could use real music in their wedding videos, or soundtracks for theatrical productions)

They are using copyright as a scare tactic, just like Disney does.  Folks will think "Wow, remember when they went after that fun festival!  I better stop selling wands on Etsy.")

I would have called their bluff.
 
2018-09-13 11:46:07 AM  

ArthurVandelay: I would have called their bluff.


You would have lost.
 
2018-09-13 11:46:51 AM  

King Keepo: Sadly, if you don't aggressively control your trademark you stand a chance of losing it. My guess is that they're enforcing trademark and don't want to licence it for whatever reason - the most likely being they were never contacted or have fallen out over terms of licensing (most likely over cost) -  after all, the organisers stand to profit from the franchise by holding this event.


I'm shocked that there's someone in this bevy of dipshiats who understands how IP enforcement & licensing works.

WB aren't being jerks. The festival organizers are attempting to cash in on artistic work they don't own or have permission to use. Screw that.
 
2018-09-13 11:48:44 AM  

King Keepo: ArthurVandelay: I would have called their bluff.

You would have lost.


Care to provide evidence to that?

I can, and will defend my position if you wish to debate properly...

/Accio Argumento
 
2018-09-13 11:50:03 AM  

ArthurVandelay: Muzzleloader: The libraries hosting reads are not charging admission, or even asking for donations in concert is why they are off the hook.
Or, they have an agreement with wb, or both.

I assumed it was because they were using Harry Potter for learning purposes, which falls under fair-use.

You can stick it to them, if you want to try.  Fair-use is a good battleground, but it can be a dangerous one.

[YouTube video: A Fair(y) Use Tale]


Public libraries get a pretty long leash with the educational/scholastic exemption. Ours has an annual HP Winter Ball where kids can dress up, party down, and celebrate the books.
 
2018-09-13 11:53:27 AM  

GregInIndy: ArthurVandelay: Muzzleloader: The libraries hosting reads are not charging admission, or even asking for donations in concert is why they are off the hook.
Or, they have an agreement with wb, or both.

I assumed it was because they were using Harry Potter for learning purposes, which falls under fair-use.

You can stick it to them, if you want to try.  Fair-use is a good battleground, but it can be a dangerous one.

[YouTube video: A Fair(y) Use Tale]

Public libraries get a pretty long leash with the educational/scholastic exemption. Ours has an annual HP Winter Ball where kids can dress up, party down, and celebrate the books.


Yeah, that's what I was told by my old library...well the librarian told me in the library.

It was a Star Wars themed shindig, back when they re-mastered IV V and VI (the original trilogy)

Also, thank you for confirming my position.  And if you work at the library, thank you extra for being awesome!*

*You're still awesome either way, but teachers get extra credit
 
2018-09-13 12:12:19 PM  

UberDave: That sucks.  There's libraries that have Harry Potter themed events.  Is WB going after them as well?

/Assholes


For profit events trying to bring in more money from more customers by better brand name recognition.
Who just take advertise under that brand without asking.Those are a-holes.Sure every mega corp can be assumed to be nothing but jackrag juice.That don't excuse anyone from behaving like them. Just shows how they are a drip from the same rag.
 
2018-09-13 12:14:25 PM  

PvtStash: UberDave: That sucks.  There's libraries that have Harry Potter themed events.  Is WB going after them as well?

/Assholes

For profit events trying to bring in more money from more customers by better brand name recognition.
Who just take advertise under that brand without asking.Those are a-holes.Sure every mega corp can be assumed to be nothing but jackrag juice.That don't excuse anyone from behaving like them. Just shows how they are a drip from the same rag.


FTFA: "Those attending will still know exactly what they're there for, with the only real changes to this year's festival being the name "

Yeah, sure stopped them from making $

Also, if I remember correctly, these events were not charging to attend...
 
2018-09-13 12:50:38 PM  

Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.


I was a payed preformer at a "Game Of Thrones" festival thrown by a 20 something girl who had previously gotten in trouble for throwing an unauthorized Harry Potter festival. Her M.O. was look for a popular property and then have an event ostensibly to celebrate it. Then she would charge people a $20+ fee to get in and there would he little to nothing  actually about said property in the event. Maybe a half assed trivia contest. Pe People at the one I was at were understandably pissed. And the problem is they don't understand it was not a licensed event and that anger carries over to the brand. THAT is why they work to shut these things down.
 
2018-09-13 12:55:45 PM  

phaseolus: grinding_journalist: Go for the magic, stay for the Luna Lovegood lookalike wrestling a Hermione lookalike

[img.fark.net image 798x1201]

I wonder what she's doing these days


Dancing With The Stars...

PS... That isn't Luna.
 
2018-09-13 01:01:05 PM  
Don't get why some companies hate their own fans so much. Really, most of these fan gatherings:
1) probably don't charge admission
2) Are populate by people who probably spent a considerable amount of money on WB licensed wizarding world merchandise
3) provide tons of free promotion for WB
4) are unlikely to be costing WB a dime and probably would indirectly make them money through more product sales etc.

What's next? are they going to send C&Ds to people who bear Harry Potter merchandise on their person in public?
 
2018-09-13 01:04:22 PM  

thefatbasturd: Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.

I was a payed preformer at a "Game Of Thrones" festival thrown by a 20 something girl who had previously gotten in trouble for throwing an unauthorized Harry Potter festival. Her M.O. was look for a popular property and then have an event ostensibly to celebrate it. Then she would charge people a $20+ fee to get in and there would he little to nothing  actually about said property in the event. Maybe a half assed trivia contest. Pe People at the one I was at were understandably pissed. And the problem is they don't understand it was not a licensed event and that anger carries over to the brand. THAT is why they work to shut these things down.


So rather than send C&Ds, maybe work with them to ensure they are upholding some kind of quality standard? "You can do this, but you must have this and this, you cant charge admission, etc etc terms legalese etc."
 
2018-09-13 01:23:22 PM  

Massively Multiplayer Addict: thefatbasturd: Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.

I was a payed preformer at a "Game Of Thrones" festival thrown by a 20 something girl who had previously gotten in trouble for throwing an unauthorized Harry Potter festival. Her M.O. was look for a popular property and then have an event ostensibly to celebrate it. Then she would charge people a $20+ fee to get in and there would he little to nothing  actually about said property in the event. Maybe a half assed trivia contest. Pe People at the one I was at were understandably pissed. And the problem is they don't understand it was not a licensed event and that anger carries over to the brand. THAT is why they work to shut these things down.

So rather than send C&Ds, maybe work with them to ensure they are upholding some kind of quality standard? "You can do this, but you must have this and this, you cant charge admission, etc etc terms legalese etc."


They can't do that. They would have far to many fly by night people trying to throw craptastic events for them to be able to police if they set that precedent
 
2018-09-13 01:29:17 PM  

thefatbasturd: Massively Multiplayer Addict: thefatbasturd: Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.

I was a payed preformer at a "Game Of Thrones" festival thrown by a 20 something girl who had previously gotten in trouble for throwing an unauthorized Harry Potter festival. Her M.O. was look for a popular property and then have an event ostensibly to celebrate it. Then she would charge people a $20+ fee to get in and there would he little to nothing  actually about said property in the event. Maybe a half assed trivia contest. Pe People at the one I was at were understandably pissed. And the problem is they don't understand it was not a licensed event and that anger carries over to the brand. THAT is why they work to shut these things down.

So rather than send C&Ds, maybe work with them to ensure they are upholding some kind of quality standard? "You can do this, but you must have this and this, you cant charge admission, etc etc terms legalese etc."

They can't do that. They would have far to many fly by night people trying to throw craptastic events for them to be able to police if they set that precedent


You can usually tell pretty easily at a glance if someone is doing something scummy (like the example above) or if it's a serious fan event.
 
2018-09-13 01:37:45 PM  

Massively Multiplayer Addict: thefatbasturd: Massively Multiplayer Addict: thefatbasturd: Ambivalence: Fast Moon: I never understood why media companies are so against public displays of fandom for their products.  Isn't it essentially free advertising?

They may do something embarrassing in public that sullies the brand.

I was a payed preformer at a "Game Of Thrones" festival thrown by a 20 something girl who had previously gotten in trouble for throwing an unauthorized Harry Potter festival. Her M.O. was look for a popular property and then have an event ostensibly to celebrate it. Then she would charge people a $20+ fee to get in and there would he little to nothing  actually about said property in the event. Maybe a half assed trivia contest. Pe People at the one I was at were understandably pissed. And the problem is they don't understand it was not a licensed event and that anger carries over to the brand. THAT is why they work to shut these things down.

So rather than send C&Ds, maybe work with them to ensure they are upholding some kind of quality standard? "You can do this, but you must have this and this, you cant charge admission, etc etc terms legalese etc."

They can't do that. They would have far to many fly by night people trying to throw craptastic events for them to be able to police if they set that precedent

You can usually tell pretty easily at a glance if someone is doing something scummy (like the example above) or if it's a serious fan event.


Yep. Because the serious fan events are usually the ones that are licensed. Funny how that works. If you are serious enough about your event to go through the proper channels to throw it, you are serious enough to put some time and effort into staging it.
 
2018-09-13 01:49:39 PM  
the problem is this makes people afraid of, as i mentioned, goingout in public professing the things they like or that someone's going to come and shut down their gathering of four friends that happen to like the same thing.
 
2018-09-13 01:53:11 PM  
I help run a Harry Potter convention that has so far been able to avoid WB's wrath because my friends are
brilliant at skirting the rules and engaging in fair use, so I'm getting a kick out of this thread.
 
2018-09-13 02:33:56 PM  

phaseolus: grinding_journalist: Go for the magic, stay for the Luna Lovegood lookalike wrestling a Hermione lookalike

[img.fark.net image 798x1201]

I wonder what she's doing these days


Welp... I now know that my patronis is 6 ropes...
 
2018-09-13 05:27:32 PM  

Massively Multiplayer Addict: Don't get why some companies hate their own fans so much. Really, most of these fan gatherings:
1) probably don't charge admission
2) Are populate by people who probably spent a considerable amount of money on WB licensed wizarding world merchandise
3) provide tons of free promotion for WB
4) are unlikely to be costing WB a dime and probably would indirectly make them money through more product sales etc.

What's next? are they going to send C&Ds to people who bear Harry Potter merchandise on their person in public?


Depending on if it's made by an approved costume vendor or licensed pattern sold at a craft store.
 
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