APRIL & MAY 2008
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COPYRIGHT - FAIRFIELD ARTIST LOSES SPONGEBOB CASE, NICKELODEON PLEASED (14 May, 2008 - The Associated Press) A Fairfield artist who claims he created the original inspiration for the popular "SpongeBob" cartoon character on children's television lost a copyright lawsuit before a federal judge in San Francisco today. U.S. District Susan Illston issued a summary judgment dismissing artist Troy Walker's copyright infringement claim against Nickelodeon Studios Inc., Paramount Studios Inc., Viacom International Inc. and Stephen Hillenburg. Illston wrote that Walker hadn't proved that a comic strip he drew in 1991, entitled "Mr. Bob Spongee, The Unemployed Sponge," was the basis of the popular Nickelodeon animated show called "SpongeBob SquarePants." The show first aired in 1999. Illston said that Hillenburg, the creator and producer of the SpongeBob show, had created a sea sponge character named "Bob the Sponge" in 1989, two years before Walker drew his comic strip. She also said that Walker hadn't proved Hillenburg ever saw his comic strip and that while both characters were humanized sponges, their features, clothing and story lines were different. "In sum, the court holds that the similarities between the two characters are limited to the stock elements used to humanize a sponge, and that the dissimilarities are so significant that, as a matter of law, defendants are entitled to summary judgment," Illston wrote. Walker, 41, said he plans to appeal. "What happened today was a tragedy. The legal system definitely let us down today. SpongeBob is based on my work that I created years before," Walker said. Nickelodeon spokeswoman Marianne Romano said, "We're very pleased with the outcome of the case." Romano said SpongeBob SquarePants is one of the most popular series in children's television history and the show's Saturday morning airing is currently the top-rated program among children between the ages of 2 and 11. Walker's 1991 comic strip consisted of four black-and-white panels. In 1992, he pasted copies of the strip on 1,000 novelty sponges and sold the sponges at Bay Area shopping centers, street fairs, roadside stops and flea markets. He copyrighted the strip in 2003. Hillenburg, an artist and marine biologist, said in court papers that he created a character called "Bob the Sponge" for an educational comic book while working as an instructor and staff artist at the Orange County Marine Institute in 1989. He said he began developing that character into "SpongeBob" in 1994 while working on another animated show for Viacom. The SpongeBob television character lives in a pineapple at the bottom of the sea, works as a restaurant cook, has two buck teeth and a pickle-shaped nose and wears a shirt, tie and pants, Illston noted. Walker's unemployed Bob Spongee lives above ground in a house, has a dot nose and a line for a mouth and is not wearing clothes. Illston turned down Viacom's bid to require Walker to pay the defense attorney fees. She said, "The court finds that this case was brought in good faith."
SIX THINGS ABOUT FACTOR
The Foundation Assisting Canadian Talent On Recordings is a private non-profit organization that administers contributions from sponsoring Canadian radio broadcasters as well as two components of the Department of Canadian Heritage's Canada Music Fund programs.
1. FACTOR was founded in 1982 by the Canadian Independent Record Production Assn. (CIRPA), the Canadian Music Publishers Assn. (CMPA), and by three major Canadian broadcasting companies-CHUM Limited, Moffat Communications Limited, and Rogers Radio Broadcasting Limited.
2. Widely credited with the idea of launching FACTOR is Attic Records' co-founder Tom Williams. Williams told broadcasters it'd be to their benefit to help improve the quality of Canadian recordings by providing production loans and grants.Recalls Williams "CHUM had just given $30,000 to a big band festival. At the same time, [CHUM PD] Bob Wood was complaining there weren't enough Canadian records for CHUM to live up to its CanCon commitment. I tied those two things together. I told him, 'If you have to spend this money anyway, why don't you do something to help Canadian recordings?' Then I met with Jim Sward at Rogers, and with Chuck McCoy and Jim McLaughlin and Moffat Radio, and got their commitments."
3. To start with FACTOR's sole mandate was to help produce Canadian recordings suitable for radio airplay and retail sales. It started with a single program-- lending money through a jury process for production of recordings.
4. In 1985, in order increase its production fund, and support a wider variety of musical genres, FACTOR merged with the Canadian Talent Library Trust, operated by Standard Broadcasting.
5. FACTOR's role grew significantly in 1986 when the Department of Communications began its Sound Recording Development Program. Under SRDP, the DOC committed itself to invest $25 million over a five year period. SRDP was made permanent in 1991, and the program, now known as the Canada Music Fund Council (CMFC) provides funding to the development of the sound recording industry in Canada; 60% to the English-language industry, represented by FACTOR, and 40% to the French-language industry, represented by MusicAction6. In its 25 years, FACTOR has administered over $112 million in funding to assist in the development of the Canadian artists, and the independent music industry in Canada. In 2006-2007, it provided in excess of $14 million to support the sector.
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This blog is available and distributed for free by the offices of Mark Vinet and Wadem Publishing. Information contained herein should not be relied upon or considered as legal advice. This blog may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: mark@markvinet.com © ™ Mark Vinet & Wadem Publishing
Mark Vinet website
COPYRIGHT - FAIRFIELD ARTIST LOSES SPONGEBOB CASE, NICKELODEON PLEASED (14 May, 2008 - The Associated Press) A Fairfield artist who claims he created the original inspiration for the popular "SpongeBob" cartoon character on children's television lost a copyright lawsuit before a federal judge in San Francisco today. U.S. District Susan Illston issued a summary judgment dismissing artist Troy Walker's copyright infringement claim against Nickelodeon Studios Inc., Paramount Studios Inc., Viacom International Inc. and Stephen Hillenburg. Illston wrote that Walker hadn't proved that a comic strip he drew in 1991, entitled "Mr. Bob Spongee, The Unemployed Sponge," was the basis of the popular Nickelodeon animated show called "SpongeBob SquarePants." The show first aired in 1999. Illston said that Hillenburg, the creator and producer of the SpongeBob show, had created a sea sponge character named "Bob the Sponge" in 1989, two years before Walker drew his comic strip. She also said that Walker hadn't proved Hillenburg ever saw his comic strip and that while both characters were humanized sponges, their features, clothing and story lines were different. "In sum, the court holds that the similarities between the two characters are limited to the stock elements used to humanize a sponge, and that the dissimilarities are so significant that, as a matter of law, defendants are entitled to summary judgment," Illston wrote. Walker, 41, said he plans to appeal. "What happened today was a tragedy. The legal system definitely let us down today. SpongeBob is based on my work that I created years before," Walker said. Nickelodeon spokeswoman Marianne Romano said, "We're very pleased with the outcome of the case." Romano said SpongeBob SquarePants is one of the most popular series in children's television history and the show's Saturday morning airing is currently the top-rated program among children between the ages of 2 and 11. Walker's 1991 comic strip consisted of four black-and-white panels. In 1992, he pasted copies of the strip on 1,000 novelty sponges and sold the sponges at Bay Area shopping centers, street fairs, roadside stops and flea markets. He copyrighted the strip in 2003. Hillenburg, an artist and marine biologist, said in court papers that he created a character called "Bob the Sponge" for an educational comic book while working as an instructor and staff artist at the Orange County Marine Institute in 1989. He said he began developing that character into "SpongeBob" in 1994 while working on another animated show for Viacom. The SpongeBob television character lives in a pineapple at the bottom of the sea, works as a restaurant cook, has two buck teeth and a pickle-shaped nose and wears a shirt, tie and pants, Illston noted. Walker's unemployed Bob Spongee lives above ground in a house, has a dot nose and a line for a mouth and is not wearing clothes. Illston turned down Viacom's bid to require Walker to pay the defense attorney fees. She said, "The court finds that this case was brought in good faith."
SIX THINGS ABOUT FACTOR
The Foundation Assisting Canadian Talent On Recordings is a private non-profit organization that administers contributions from sponsoring Canadian radio broadcasters as well as two components of the Department of Canadian Heritage's Canada Music Fund programs.
1. FACTOR was founded in 1982 by the Canadian Independent Record Production Assn. (CIRPA), the Canadian Music Publishers Assn. (CMPA), and by three major Canadian broadcasting companies-CHUM Limited, Moffat Communications Limited, and Rogers Radio Broadcasting Limited.
2. Widely credited with the idea of launching FACTOR is Attic Records' co-founder Tom Williams. Williams told broadcasters it'd be to their benefit to help improve the quality of Canadian recordings by providing production loans and grants.Recalls Williams "CHUM had just given $30,000 to a big band festival. At the same time, [CHUM PD] Bob Wood was complaining there weren't enough Canadian records for CHUM to live up to its CanCon commitment. I tied those two things together. I told him, 'If you have to spend this money anyway, why don't you do something to help Canadian recordings?' Then I met with Jim Sward at Rogers, and with Chuck McCoy and Jim McLaughlin and Moffat Radio, and got their commitments."
3. To start with FACTOR's sole mandate was to help produce Canadian recordings suitable for radio airplay and retail sales. It started with a single program-- lending money through a jury process for production of recordings.
4. In 1985, in order increase its production fund, and support a wider variety of musical genres, FACTOR merged with the Canadian Talent Library Trust, operated by Standard Broadcasting.
5. FACTOR's role grew significantly in 1986 when the Department of Communications began its Sound Recording Development Program. Under SRDP, the DOC committed itself to invest $25 million over a five year period. SRDP was made permanent in 1991, and the program, now known as the Canada Music Fund Council (CMFC) provides funding to the development of the sound recording industry in Canada; 60% to the English-language industry, represented by FACTOR, and 40% to the French-language industry, represented by MusicAction6. In its 25 years, FACTOR has administered over $112 million in funding to assist in the development of the Canadian artists, and the independent music industry in Canada. In 2006-2007, it provided in excess of $14 million to support the sector.
____________________________________
This blog is available and distributed for free by the offices of Mark Vinet and Wadem Publishing. Information contained herein should not be relied upon or considered as legal advice. This blog may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that its author is acknowledged and that you cc: mark@markvinet.com © ™ Mark Vinet & Wadem Publishing
posted by Professor Mark Vinet at 11:22 AM
