Tim Ellis wrote:He released "his version" of Anders Moden's 'Healed & Sealed' and sold the 'Self Folding Bill' as a download and, after all the controversy over those two items here in the Forum he said: "So kick me out of your clubs and blow me out your magic circles. I'll keep working."
Now he feels he's been ripped-off. It hurts doesn't it Steve.
Tim... whether someone is pleasant or unpleasant should not be an essential factor in discussions about the rights a creator has to his work. Yes, it is ironic in this case, but still - the rules should not be dependent on someone's personality.
somethingreal wrote:Also you can take a look at Braco's Schweberoutinene fr Tisch und Bhne which was published in German and English by the Magischer Zirkel von Berlin in the early 1970's. Everything from the LeClair hookup to the Fearson hookup is in there.
Can anyone confirm, with page number and publishing year, that Fearson's hookup is in this book? If that is the case, and the publishing year preceeds Fearson's release, then this dispute is solved.
Legally, these things are a mess. US signed the Berne Convention in 1988, but the transition is not complete yet and there's still a lot in US copyright that is different from the rest of the western world.
Still... Fearson created his "Floating Cigarette" as an emulation of John Kennedy's "Animated Self-lighting Cigarette" - and found out that his rendition was well beyond the "threshold of originality" and could be considered a whole new piece (as confirmed by Kennedy himself).
On the other hand - just sticking a different object on the end of the thread, does not constitute a new piece of work. That's below the threshold of originality - i.e. it is not merited to put a new title on it, since it is still "Fearson's Floating Cigarette", even if it is done with a small illuminated ball, glasses, candy bar etc ("I do it with a BLUE deck" )
The "hook up" in itself can not be considered a piece of art, therefore it is outside the realm of copyright (that is, just the hookup, without any object on the end, without any choreographic moves), but Fearson's Floating Cigarette is a piece of art - and the hook-up is the biggest part of what defines it.
Therefore, it was well and proper to obtain the rights from Fearson, not for the hook-up, but for the "Fearson's Floating Cigarette, with glasses".
Then we have "Hoovering"... I don't know the set-up for this, but if the trailer is accurate, that effect can not easily be duplicated with Fearson's original Floating Cigarette. It seems like something essential has been changed or added. If so, that would be beyond the threshold of originality, and "Hoovering" should be considered a whole new piece of art. I.e. no need to obtain any rights from Fearson, except perhaps in the name of goodwill. Of course, for courtesy and schoolary reasons, it still would be necessary to give proper credits.
However, all this is moot, if the hook-up is printed in Braco's bok.