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Topic: Warner Brothers kills cancer related auction on ebay. (Topic Closed Topic Closed) Post ReplyPost New Topic
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Michael Connell
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Posted: 13 May 2008 at 12:44pm | IP Logged | 1  

Warner Brothers kills cancer related charity auctions on ebay for unauthorized use of copyrighted characters.
http://sayitbackwards.blogspot.com/2008/05/important-charity -auction-update.html

Description of auction:
http://sayitbackwards.blogspot.com/2008/04/bens-charity-art- auction-official.html


Edited by Michael Connell on 13 May 2008 at 12:48pm
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Fred J Chamberlain
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Posted: 13 May 2008 at 12:48pm | IP Logged | 2  

....ouch. Seems bad form to me.

 

I hadn't seen the poster before posting. Sad though.



Edited by Fred J Chamberlain on 13 May 2008 at 1:01pm
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Martin Redmond
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Posted: 13 May 2008 at 12:50pm | IP Logged | 3  

I don't understand why. It doesn't seem like they made it look as if WB was implied in or supported the auction in any way...
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Michael Roberts
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Posted: 13 May 2008 at 12:59pm | IP Logged | 4  

I don't know. It still seems like he was using Superman to advertise the
auction, even if there was a disclaimer:


http://sayitbackwards.blogspot.com/2008/04/charity-auction-f liers-make-with.html

That might be the issue.
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John Byrne
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Posted: 13 May 2008 at 1:00pm | IP Logged | 5  

Copyrights have to be protected in ALL circumstances, or they are implicitly
protected in NO circumstance.

Might make for "bad form" sometimes, but it's the Law.
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BT Wilders
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Posted: 13 May 2008 at 1:04pm | IP Logged | 6  

"Copyrights have to be protected in ALL circumstances, or they are implicitly
protected in NO circumstance."

You are probably thinking of trademarks, which have to be defended or the holder risks losing them completely.  The same rule does not apply to copyrights.  If it did, for example, DC and Marvel would not tacitly permit unauthorized commissions.

BT

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John Byrne
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Posted: 13 May 2008 at 1:05pm | IP Logged | 7  

I used the wrong word, yes. But it applies here. The Warner characters are
trademarked.
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Brian Talley
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Posted: 13 May 2008 at 1:28pm | IP Logged | 8  

I won't even pretend to understand the legalities, but what about artists who sell commissions for profit? Why would they shut down a charity auction where no one is making a profit, and let the other continue?
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Donald Miller
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Posted: 13 May 2008 at 1:29pm | IP Logged | 9  

I can't seem to pull up the link here...Wasn't there a Wonder Woman art auction to benefit women's shelter of some kind ?

I think this superman auction to raise money for cancer must have been handled the wrong way...I would hardly think that DC is pro-cancer. 

It may have been nicer to offer advice on proper protocol and allow changes to be made...but for all we know those overtures were made and ignored.

Don
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Paul Greer
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Posted: 13 May 2008 at 1:36pm | IP Logged | 10  

I'm sure this guys charity is 100% legit. But you can't take a company name and/or their trademark characters and use them to promote your charity or event without their permission. It could open the door for any scam artist trying to raise money for whatever pupose to use characters or a company name to steal money from people. It is common sense. Even the guy running the auction admits to making a mistake. I'm sure there are proper channels a charity has to go through if they want a company like Time Warner to help out.  

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BT Wilders
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Posted: 13 May 2008 at 1:39pm | IP Logged | 11  

I certainly don't know the specifics of this situation, but it is possible that companies also require pre-approval for this sort of thing in order to "vet" the charity and ensure that it is on the up-and-up.  I can see a corporation not wanting to have to explain how they "let" their characters be used to defraud charitable donors.

BT

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Jeff W Williams
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Posted: 13 May 2008 at 1:45pm | IP Logged | 12  

Maybe I'm missing something, but I can't see anything in the auction itself that implies Superman/Warner is behind it.  I saw some commissions being auctioned containing those characters, but a quick ebay search shows several more commissions that are not pulled.  How are these different than, say, if John Byrne were doing a commission and putting it on ebay?  There has to be a piece to this I'm not understanding or able to find.
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BT Wilders
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Posted: 13 May 2008 at 1:57pm | IP Logged | 13  

Jeff,

Legally speaking, there is no difference, but the companies don't seem to have a problem with pros who do commission pieces using their characters.  It is an odd understanding as the companies seem to be leaving a lot of money on the table by not organizing the commission market.  Perhaps, they feel that such a move would hurt their working relationship with the talent? 

BT

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Fred J Chamberlain
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Posted: 13 May 2008 at 5:51pm | IP Logged | 14  

The poster leaves the strong implication that DC is a part of the benefit.
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Aaron Poehler
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Posted: 13 May 2008 at 6:39pm | IP Logged | 15  

Well-intentioned, but this guy went about it all wrong.  That's what happens.
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