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| Damnatus http://www.tacticalwargames.net/taccmd/viewtopic.php?f=43&t=10916 |
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| Author: | colonel_sponsz [ Tue Nov 06, 2007 1:05 pm ] |
| Post subject: | Damnatus |
The BBC is reporting Copyright law scuppers Damnatus. Given GW's position on IP I'm surprised they sank ?10,000 into it before clearing the rights. Anyone got a .torrent for it? Orde |
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| Author: | Moscovian [ Tue Nov 06, 2007 5:37 pm ] |
| Post subject: | Damnatus |
Why do I sense that copies of this film will end up on the black market within a year? Too bad about this. While I understand the position of GW it's still regrettable that something couldn't be worked out. Also German law seemed to play an important role in this - ultimately the creators couldn't sign away their rights if they wanted to. |
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| Author: | CyberShadow [ Wed Nov 07, 2007 11:18 am ] |
| Post subject: | Damnatus |
Yes, the understanding was that GW couldnt sign away a part of their rights, and therefore left themselves open to any company who wanted to make 'Damnatus action figures', etc. It is a shame, and very unfortunate, but I cant really see how GW had much of a choice with it. |
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| Author: | blackhorizon [ Wed Nov 07, 2007 11:22 am ] |
| Post subject: | Damnatus |
I think a possibility was that GW would pay the Damnatus creators xxx money for the movie and then publish under own flag. |
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| Author: | Evil and Chaos [ Wed Nov 07, 2007 12:33 pm ] |
| Post subject: | Damnatus |
Still couldn't be done, the Damnatus creators still held the rights to the distinct IP's that they had created (The characters, set designs, costume designs, plot, etc) so GW wouldn't have control of them. All GW would get would be the publishing rights. So the Damnatus creators would be able to say that they had created part of the Warhammer 40,000 Intellectual Property... and could then legally create new properties based off of that IP at will, further diluting the IP. Before you know it, they're legally entitled to create Damnatus porn, which through tenuous legal tendrils would be directly connected to GW. Not that they *would*, but GW can't open themselves up to that kind of IP attenuation. |
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| Author: | blackhorizon [ Wed Nov 07, 2007 12:55 pm ] |
| Post subject: | Damnatus |
What I mean: the creators should sell everything to GW. Or GW should hire them as GW executives. |
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| Author: | Evil and Chaos [ Wed Nov 07, 2007 1:14 pm ] |
| Post subject: | Damnatus |
German IP law doesn't allow the creators to sell their rights as the IP's creators. That's the impasse, the Damnatus crew are quite willing to sell all their rights to GW for ?1... but the law won't let them. |
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| Author: | blackhorizon [ Wed Nov 07, 2007 1:52 pm ] |
| Post subject: | Damnatus |
hmmm, I see. How is the product (Damnatus) labelled German? Because it is recorded there or because the director lives there or ....? |
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| Author: | Evil and Chaos [ Wed Nov 07, 2007 1:57 pm ] |
| Post subject: | Damnatus |
Cast, crew, director, writer, guy who ponied up the cash to make the thing in the first place... all Germans. |
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| Author: | blackhorizon [ Wed Nov 07, 2007 1:59 pm ] |
| Post subject: | Damnatus |
So you say that if all of them recorded the movie in England and not in Germany it would still be German law IP? Glad I didn't went for law school! |
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| Author: | Moscovian [ Wed Nov 07, 2007 2:38 pm ] |
| Post subject: | Damnatus |
We're not talking about right or wrong, we're talking about the law. I can't remember what movie that was from but it is sooo true. This is why an attorney consult is needed for everything. Had they gotten representation at the outset the problem wouldn't have come up. Of course, GW wouldn't have given the green light and the movie would never have been made. But still they wouldn't be out the money. |
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| Author: | Evil and Chaos [ Wed Nov 07, 2007 2:40 pm ] |
| Post subject: | Damnatus |
Fact is, GW never gave them the green light. The were told not to proceed two years ago... they carried on in the hope that the IP issues could be overcome. |
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| Author: | nealhunt [ Wed Nov 07, 2007 3:09 pm ] |
| Post subject: | Damnatus |
So you say that if all of them recorded the movie in England and not in Germany it would still be German law IP? Not necessarily. If that were the case, you'd have arguments over venue, based on where it was created, the citizenship of the participants, where the money came from/went to, and the language of the IP law in the various potential venues. I haven't followed it in detail, but in every description I've read, including the Damnatus creative team's various public releases, GW seems to have dealt with them in a straightforward and clear manner. I'm pretty sure GW realized from the level of community buzz that the PR stakes were high. They certainly seem to have gone out of their way to acommodate these guys. I'd be willing to bet that GW spent a lot more money trying to figure out how to make it work than the Damnatus guys did putting the film together. |
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| Author: | Evil and Chaos [ Wed Nov 07, 2007 7:27 pm ] |
| Post subject: | Damnatus |
Aye, but GW did tell them 'don't do it' two years ago, once the legal situation was understood. |
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