UnionFaps
adamwarren from patreon
adamwarren patreon

FAILED PROJECT FRIDAY: 13 pitches for DIRTY PAIR short stories (pt. 1 of 4)!

🕑 Added 2024-02-23 14:46:30 +0000 UTC
FAILED PROJECT FRIDAY: 13 pitches for DIRTY PAIR short stories (pt. 1 of 4)!

Comments

Reyna

An example of something that likely WOULD infringe is introducing Shasti (his OC, IIRC,) as a 3WA Trouble Consultant. Mentioning Kei & Yuri by name might, though he totally put part of the COVER from one of the issues IN Empowered when Meta-Textual EMP pleads for help after somehow getting her hands on a copy of one of the issues. In truth, I've never compared them side-by-side, so the version EMP is holding could differ from one of the original covers by enough NOT to infringe while being plausibly a real cover based on style. Also, I don't think he showed the whole cover... I could go look but I'm too lazy... or maybe he did. Kinda doubt he got even a C&D letter over that, especially since it's referring to the SERIES, and not using elements of it. It's like the difference between SHOWING an album cover on a TV show, and PLAYING the album FOR THE AUDIENCE. One plainly infringes without permission, the other plainly does NOT.

Reyna

That seems an overly simplistic rule of thumb... but oversimplification is the point of opposable digital regulations or guidelines. If he has full IP ownership of all characters that he created, then of course he can make as much money off it as he likes and it's not even theft-scented, let alone theft. The quandary I posed was where the line was,——the thin, bright, "our legal department looked this over for days and said it was A-OKAY," unambiguous dividing line. The place where it might get messy is items or ideas that are closely aligned with or sourced from the original where the original author, publisher, distributor, or other IP-owners COULD make a claim of infringement, but where the latter version differs by some significant amount, that any reasonable judge or juror would agree is adequately different. Further muddying the waters, there is more than one way to make money from a thing, and often it can make the connection between the original work and the money tenuous. For example: Suppose someone who is famous for playing a character is invited somewhere for some compensation... suppose Cassandra Peterson wanted to go to Comicon as Elvira, for money. If someone else owned the rights to that character, probably that would infringe. (The lady who played "Vampira," if still alive, might also be qualified to chime in, here.) But if some OTHER person never under contract for playing "Elvia, Misteress of the Dark," (TM, probably,) wanted to do the same, it would probably be fine, even for money, because she's NOT Cassandra Peterson, and is not connected with the character in any way in the mind of the typical member of the general public. Now... what happens if that professional cosplayer HIRES Cassandra Peterson as a consultant? Likely Peterson could get paid and unless the contract said, ..."except as we permit, you are not allowed to benefit in any way shape or form, however tenuous the connection or distant the reason you'd be paid is from a recorded, scripted performance or unscripted but in character, in cash, negotiable financial instruments, promissory notes, stocks, bonds, etc. etc., etc..." and then she's pretty well precluded from doing so... ON EARTH! Contract didn't say ONE WORD about Moon Base ALPHA! "Ghoul evening, Earthbound Mortal darlings, ahhhhhhiiii... it's me... Elvira, Mystress of the Dark, BOO-casting from the cold, dark forbidding surface... of the moon..." insert werewolf sound effect--Elvira looks away suddenly mockingly apprehensive... "at least the pressure dome keeps the werewolves OUT! But how can we hear them howling... unless...!" Even more stark expression of fear crosses her face; camera smash-cuts to a snippet of a film in which a wolfman attacks a screaming distressed damsel. "I thought that in space, no one could hear you scream! They LIED to us, my babies!" You likely get grey areas where the only useful "rule of thumb," is that it's a RULE that someone THUMB through the ORIGINAL CONTRACT to see EXACTLY what ways or categories of ways the actress is allowed the use of the character she portrayed. If it spells out that she cannot, ever, without expressed, case-by-case permission PORTRAY the character in FILM, TELEVISION, OR THE STAGE, FOR BROADCAST OF ANY KIND WHETHER VIDEO OR AUDIO, LIVE OR DIRECT TO HOME RELEASE... she can likely still do grand opening events for money, as long as there's not going to be TV, radio, etc. there. It's not scripted, she's just at that point a professional cosplayer portraying the character she made famous (and who arguably made HER famous,) and it doesn't violate the hypothetical contract. There's enough potential grey areas to make a French period film out of them.

Eric

If you try to make money from it, it's theft, is the easy rule of thumb.

Strypgia

Pity they didn't bite on these. I'd have love to have read them. I got into following your stuff in the first place when my local comic shop had a compilation copy of 'Plague of Angels' on sale, so the Warren DP series have a special place in my heart.

Reyna

Can't help but wonder... where is the line between fair use, homage, parody, fan-art, and the like, and IP "theft" (as Dark Horse's or whoever all else's attorneys would see it,) or copyright infringement? Would a crossover between Empowered and DP be permissible? What if it were only AW OCs like Shasti?

Reyna

I clicked the little heart but it was tough to do so... on the one hand, I love the ideas, (didn't read through all of them yet but loved the LA (/DP) adventures...) but it felt almost like I was indicating that I liked "failed" DP comic ideas. I'm not glad these never became anything, but rather that they exist in any form, to be clear.

Dean Reilly

I'm still hoping against hope that Dark Horse releases an omnibus edition of your DP work at some point...

Burninator

Don't worry, these are new to us. They look pretty interesting, and I'm still pretty sad that we probably aren't going to see any new DP from you anytime soon.


More Creators