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Chicagoan: I own rights to '1984'
Chicago Sun Times ^ | March 28, 2007 | Lynn Sweet

Posted on 03/28/2007 1:26:02 PM PDT by Borges

WASHINGTON -- The rights to George Orwell's novel 1984 -- the inspiration for an Apple computer ad pirated by a Barack Obama supporter who remodeled it into an attack on Hillary Rodham Clinton -- are owned by Gina Rosenblum, a West Rogers Park resident who is president of Rosenblum Productions Inc.

A reason Apple probably did not complain about the Orwellian spot appropriated by Philip de Vellis -- a Democratic political operative -- is that the company didn't have the right to use it in the first place. It ran only during the 1984 Super Bowl because Rosenblum sent a "cease-and-desist" letter to Apple. On Tuesday, she sent a warning shot.

Rosenblum attorney William R. Coulson -- whose wife is state Rep. Beth Coulson (R-Glenview) -- said they have not taken any legal action -- "yet" but are "monitoring" the situation, serving "notice to the world the Orwell novel is still under copyright."


TOPICS: Culture/Society
KEYWORDS: copyleft; copyonthefiringline; copyright; copywrong; orwell
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Whoever made the ad didn't know about Big Sister.
1 posted on 03/28/2007 1:26:02 PM PDT by Borges
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To: Borges
Photo Sharing and Video Hosting at Photobucket Big Sister ???
2 posted on 03/28/2007 1:29:19 PM PDT by NYleatherneck (It ain't a World War until the French surrender.)
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To: Borges

A copyright on the novel isn't going to cover the ads. A copyright on the Apple ad might or might not cover the Hillary ad.


3 posted on 03/28/2007 1:29:28 PM PDT by PAR35
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To: Borges
Article I, Section 8, U.S. Constitution:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

1984 was written when? I'd really love to see a lot of these copyrights blown to pieces some day.

4 posted on 03/28/2007 1:33:05 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: Borges

I don't see how either (Apple's or Obama's) add infringes on her copyright.

You can't copyright ideas, only their expression. It doesn't use the words "Big Brother" or any dialogue or action from the orginal work.

Certianly, Apple could sue the Obama add since it lifted their original work.


5 posted on 03/28/2007 1:33:33 PM PDT by Lonesome in Massachussets (When I search out the massed wheeling circles of the stars, my feet no longer touch the earth)
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To: PAR35
I only saw the "Hillary/Obama" version once, but I don't remember seeing where the rights to 1984 could have been violated.
6 posted on 03/28/2007 1:33:36 PM PDT by 1rudeboy
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To: PAR35

I think the (C) on the novel will cover the ads. Its a derivative use.


7 posted on 03/28/2007 1:34:29 PM PDT by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: kingu

75 years is the current limit I believe. 1984 was published in 1949 so it isn't up yet.


8 posted on 03/28/2007 1:34:42 PM PDT by Borges
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To: kingu

I believe it is good for 50 years after the author's death.


9 posted on 03/28/2007 1:36:05 PM PDT by Mikey_1962 (If you build it, they won't come...)
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To: Borges
It ran only during the 1984 Super Bowl because Rosenblum sent a "cease-and-desist" letter to Apple. On Tuesday, she sent a warning shot.

I thought Apple also ran it for the 20th anniversary.

10 posted on 03/28/2007 1:37:10 PM PDT by AmericaUnited
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To: kingu
1984 was written when?

In 1948. Orwell transposed the last two digits.

11 posted on 03/28/2007 1:38:42 PM PDT by LexBaird (98% satisfaction guaranteed. There's just no pleasing some people.)
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To: Borges

It's a political parody. They can't touch it with all the lawyers in Manhattan.

I was involved in a similar parody with a campaign in 2002. The best legal minds in the country all said we were safe, even the attorneys for the people upset at us eventually admitted there was nothing they could do and basically resorted to "pretty please" in their requests for us to quit.


12 posted on 03/28/2007 1:39:15 PM PDT by ElkGroveDan (When toilet paper is a luxury, you have achieved communism.)
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To: Borges

What anybody willing to bet Gina Rosenblum is a liberal, contacted by the Clinton campaign, to put up a fuss over this O'bama inspired hit piece.

She probably didn't give a hoot - until Hillary & Co. paid her the compliment of calling her.


13 posted on 03/28/2007 1:39:43 PM PDT by HardStarboard (The Democrats are more afraid of American Victory than Defeat!)
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To: kingu

I agree. Copyright law as it exists now (esp. the Digital Millenium Copyright Act) is prima facia unconstitutional: it impedes progress in science and the useful arts, and does not secure rights to authors and inventors, but to commercial interests and 'literary executors'.


14 posted on 03/28/2007 1:40:05 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: Borges

What bullshit. The SCOTUS long ago ruled that satire is exempt from copyright law. This loser needs to get a life.


15 posted on 03/28/2007 1:40:49 PM PDT by pabianice
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To: kingu

1948; he simply transposed the last two digits.


16 posted on 03/28/2007 1:41:03 PM PDT by RonF
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To: pabianice

You can use someone's work to satirize them. It's not clear to me you can use someone's work to satirize someone or something else.


17 posted on 03/28/2007 1:42:13 PM PDT by RonF
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To: Borges

"the inspiration for an Apple computer ad"

I don't think inspirations can be copyrighted...


18 posted on 03/28/2007 1:44:05 PM PDT by babygene (Never look into the laser with your last good eye...)
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To: ElkGroveDan

You are spot on.

Parody was also litigated in the USSC in the famous Two Live Crew cases.

However don't look for the incompetents in the MSM to report this accuratly.

They will report it as a horrible thing in order to try and prevent more ads.


19 posted on 03/28/2007 1:48:13 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Borges
The commercial was pretty reminiscent of the film that came out in 1984 with John Hurt and Richard Burton. And the film, besides dramatizing the book, probably made use of other works to get its look. I don't think she's got much of a case.

A Harvard Law blog points out that the courts found for Ralph Nader, when he parodied a MasterCard commercial.

BTW, what about this

20 posted on 03/28/2007 1:48:53 PM PDT by x
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