Hasbro dun' goofed on copyright

[Harmonic Revelations 8,835]

While Hasbro is shooting C&Ds out like the ship in Asteroids, they themselves are in violation of Copyright.

 

Remember the episode with the song, "Bad Seed"?

 

I'm fairly sure the title Bad Seed is copyrighted... not sure from where though...

 

And totally not there.

 

 

Hasbro Dun' Goofed

[Leafeon 2,702]

Harmonic, are you kidding? Cos, this isn't in Forum Lounge. D:

 

The C&Ds Hasbro is sending out are because of people using their characters, animation, and voices. Song names aren't copyrighted the same way. If they were, most people who compose songs would be screwed.

 

EDIT: If this is a joke, why you no put in forum lounge? :VVVV

Edited March 6, 2013 by Firebolt

[Lokey 6]

You seem to be on to something. But - I may be wrong in thinking this - it would seen that the song was made in 1966, while the episode aired in 2011. That is forty-five years difference, and most people have forgotten about the song, now if this was a Beetles song or a modern song, the situation would be different.

 

I want to say that parodies aren't subject to copyright, but I'm no legal wiz. Minecraft Style is a parody that fell under legal action, and if I have interpreted the situation correctly it's the same as this one.

 

Hasbro is pretty lucky.

 

 

 

 

-- snip --

Harmonic, are you kidding? Cos, this isn't in Forum Lounge. D:

 

The C&Ds Hasbro is sending out are because of people using their characters, animation, and voices. Song names aren't copyrighted the same way. If they were, most people who compose songs would be screwed.

 

EDIT: If this is a joke, why you no put in forum lounge? :VVVV

Edited March 6, 2013 by Lokey

[Vicke 3,189]

I don't get how this has anything to do with "Babs Seed".

 

The song is titled "Babs Seed" not "Bad Seed" and the songs are far from being similar, at all.

Correct me if i'm wrong.

[Veronica The Miffvixen 232]

You seem to be on to something. But - I may be wrong in thinking this - it would seen that the song was made in 1966, while the episode aired in 2011. That is forty-five years difference, and most people have forgotten about the song, now if this was a Beetles song or a modern song, the situation would be different.

 

I want to say that parodies aren't subject to copyright, but I'm no legal wiz. Minecraft Style is a parody that fell under legal action, and if I have interpreted the situation correctly it's the same as this one.

 

Hasbro is pretty lucky.

 

Copyright Act 1976, section 107. Limitations on Exclusive Rights: Fair Use

 

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

 

(2) the nature of the copyrighted work;

 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

 

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

 

Judge for yourself.

[Lokey 6]

Copyright Act 1976, section 107. Limitations on Exclusive Rights: Fair Use

 

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 

 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

 

(2) the nature of the copyrighted work;

 

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

 

(4) the effect of the use upon the potential market for or value of the copyrighted work.

 

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

 

Judge for yourself.

It seems that the nature of copyright infringement as applied to song parodies varies, as per the variance between the original lyrics and the modified lyrics. This would also explain why, out of CaptainSparkles' 4 parodies, only Minecraft Style has come under legal fire.

 

Back on topic, since I can't listen to music at the moment, can someone clarify whether or not Babs Seed is actually a parody of Bad Seed? Even if it is, I doubt it is similar enough for legal actions. (May have just answered my own question there)

[Mightymags 1,053]

Personally I don't really see how they're even similar enough to consider them copying the sound. As for the title, it was pointed out before, but they're not the same. 

 

Also, I think this qualifies more as a spoof/parody (if this is where they got the idea from) than anything else, since it's music. 

[Scootalove 10,689]

Copyright just isn't the same usually with songs these days, doesn't really matter to me. But, I just hope that this is a joke, really.

[Dusty Soul 2,611]

Babs seed not Bad seed, besides,

 

Hasbro was in the right to C&D all of what they did.  People used their stuff in their own things.  

[APonyToRemember 31]

Fact: Everypony takes ideas and inspirations from some pony else every once in a while, it's just in our nature and cannot be avoided. While I'm not happy and rather quite upset about Hasbro issuing C&D's left and right with projects like Fighting Is Magic having to practically start over and actually have to get support from members of the show itself. They have every right to do so. Does it make it morally right? Well that's your call. Fair use and Copyright are two entirely different things. I do hope that Hasbro calms it down a bit and opens up to the idea but I'm the end MLP is their property not ours, as much as I hate to admit. I hope this helps clear things up a bit (OP and others), keep calm and brony on <3

[MJNSEIFER 55]

Both "Art of the Dress" and "At the Gala" contain samples of real songs, I think from the same person.  However, they are clearly used as tributes, and were admited instantly.  The former even having a similar storyline to it, but with art instead of fashion.

[Display Name 448]

It serves them right. It took me forever to find some episodes since they are flagging everyone for Copyright.

I got one of my videos flagged for copyright and fought YouTube to remove the flag, but they ended up deleting my video in the process because i failed to come up with an excuse. Hasbro needs to chill out sometimes. 

 

 Maybe they will finally calm down on flagging.

[Fhaolan 4,483]

While Hasbro is shooting C&Ds out like the ship in Asteroids, they themselves are in violation of Copyright.

 

Remember the episode with the song, "Bad Seed"?

 

I'm fairly sure the title Bad Seed is copyrighted... not sure from where though...

http://www.youtube.com/watch?v=RrxePKps87k

 

And totally not there.

 

 

Hasbro Dun' Goofed

 

Errr. Okay.

 

1) Hasbro has sent out less than a half-a-dozen C&Ds at best. This is not 'shooting them out there'. Most of what the fans are reporting as C&Ds *aren't*, they're just letters saying 'Please change this bit', like taking down price lists or changing the spelling of a name. The few C&Ds that have actually been sent out are on egregious violations that were brought to Hasbro's attention by third-parties who had gone through the effort and expense of getting proper licenses.

 

2) The episode was Bab Seed, which was a pun.

 

3) 'Bad Seed' is the name of the *band* in that video. Nick Cave & The Bad Seeds, an 80's alternative rock band.. Do they even still exist? Huh. Apparantly they do, but with a different lineup. If you're looking for a Bad Seed song, you're looking for Metallica. If you're looking for literature or a movie by that name, there's a 1950's book that was made into a 1980's movie. I've not read the book or seen the movie, so I don't know if Bab Seed is supposed to parody either. Wouldn't put it past the writers though. Cute easter egg.

 

It serves them right. It took me forever to find some episodes since they are flagging everyone for Copyright.

I got one of my videos flagged for copyright and fought YouTube to remove the flag, but they ended up deleting my video in the process because i failed to come up with an excuse. Hasbro needs to chill out sometimes. 

 

 Maybe they will finally calm down on flagging.

 

That's YoutTube. Not Hasbro. Despite what a lot of people seem to think, Hasbro does not own YouTube, Google does. If you want to yell at someone for removing your videos, yell at Google.

Edited March 6, 2013 by Fhaolan

[Homura Akemi 974]

Eeeeeeeeeeeeeehhhhhhhhhhhhhh.

 

It's probably a coincidence. I don't think any major lawsuits are going to take place. No biggie.

[Betez 1,734]

Nick cave is a Musician that is good. The Bad Seeds are a band that is good. Nothing is not copyrighted. Hasbro totally saw right past this.

[cuteycindyhoney 13,307]

While Hasbro is shooting C&Ds out like the ship in Asteroids, they themselves are in violation of Copyright.

 

Remember the episode with the song, "Bad Seed"?

 

I'm fairly sure the title Bad Seed is copyrighted... not sure from where though...

 

And totally not there.

 

 

Hasbro Dun' Goofed

 

Babs Seed is a pun on a very old saying. "Oh, she's just a bad seed." meaning that despite a proper upbringing and good background, the person in question is just no good. You can't copyright an old saying.

 

 

If you're looking for literature or a movie by that name, there's a 1950's book that was made into a 1980's movie. I've not read the book or seen the movie, so I don't know if Bab Seed is supposed to parody either. Wouldn't put it past the writers though. Cute easter egg.

"The Bad Seed" was originally a 1954 novel by William March, adapted into a 1954 play by Maxwell Anderson, and later into the 1956 film by Mervyn LeRoy. I loved that movie. It was downright chilling in parts, but I do advise people to ignore the 1980's TV movie!

.

 

 

 

 

[FoxyCryptid 4,330]

You can't trademark a common phrase in that manner, you can block them from being used on the same product/thing you did(so they could complain about somebody naming a band "bad seed(s)"). 

 

That's the reason you have two unrelated companies named Yamaha, they produce completely different products, so they don't infringe on each other. 

 

Also, three C&Ds over several months isn't " shooting them out like the ship in Asteroids".

Edited March 6, 2013 by Shoboni

[WindsweptFrog 52]

Ermm the song from the show was called babs seed. The band your referring to is called "The Bad Seeds" and band/song names copyright works differently, in that there isn't any. The name effects nothing, unless of course an artist has spent like a gibillion pounds on some sort of copyright. There would be issues if they had taken a song and covered it without permission from the original artist but as from what you have posted they have done nothing wrong. 

[Bhending the Rules 697]

Yeah... I don't get why anyone would be complaining about Hasbro's C&D orders unless they themselves were working on the thing that got pulled. Hasbro has actually been fairly cool about allowing the fandom to create various works of art based on the show. Other companies are a TON more strict with their IPs. Collectively, we have nothing to complain about.

[cuteycindyhoney 13,307]

unless of course an artist has spent like a gibillion pounds on some sort of copyright.

Wow, a gibillion pounds? How much would that be in Bits? Does anyone know the current exchange rates between the Pound and the Bit?? What about the Dollar?

[Harmonic Revelations 8,835]

Wow, a gibillion pounds? How much would that be in Bits? Does anyone know the current exchange rates between the Pound and the Bit?? What about the Dollar?

It equals...hmm..let me guess about this..

 

A brazillian bits.

 

I don't know how many a brazillian is, but people always talk about it. 

[Fhaolan 4,483]

Wow, a gibillion pounds? How much would that be in Bits? Does anyone know the current exchange rates between the Pound and the Bit?? What about the Dollar?

My granddad told me once that the British pound was called that because it was at one point the value of a pound of horseshoe nails. Oddly appropriate.

[Radiance64 7,053]

You going senile there Harmonic? X)

The song is called Babs Seed, not Bad Seed.

http://mlp.wikia.com/wiki/Babs_Seed_(song)

So... yeah, no copywright infringement going on here.

[Harmonic Revelations 8,835]

You going senile there Harmonic? X)

The song is called Babs Seed, not Bad Seed.

http://mlp.wikia.com/wiki/Babs_Seed_(song)

So... yeah, no copywright infringement going on here.

Just because I am irreversably insane doesn't mean that I'm senile, SBB64.

 

I'll have you know I talked to my comb a good thirty minutes before going ahead and posting this thread.

[GuerrierCosmique 146]

Harmonic Revelations, pls. This thread is kinda pointless, don't you think? The songs have different names and are veeeery far from sounding similiar in any way. So, who cares?