*tarzan

anonymous asked:

How much of ERBs Mars/Venus stories are in the Public Domain? Because I remember reading somewhere that only the first five John Carter stories are in the Public domain, while the rights to the other five and the character himself are held by ERB Inc. Which has some shady history to it, like the time they went after Dynamite press for publishing John Carter comic books.

It depends on where you are. Almost all the Tarzan and Barsoom books are in the public domain in Australia, since the Aussies have shorter copyright duration. That’s why I tell people to look things up on Project Gutenberg Australia first. 

Nothing has entered the public domain since 1998. The shrinking of the public domain due to increased duration for copyright is nothing short of criminal; it’s robbing the entire public of culture that should belong to all of us. 

To understand the situation with Tarzan and John Carter, you have to understand the difference between two different types of intellectual property, copyright and trademark. 


Copyright is: 

  • Given to artistic works in a fixed medium (art, fiction, novels, movies, etc.)
  • Is designed to expire, so that works can become common property of our cultural heritage. The goal of copyright law is to provide a thriving public domain, not the other way around.

  • Is automatic from the time something exists in a fixed form, so you don’t have to register it. 

  • There is no “use it or lose it,” you don’t lose it if you don’t enforce it strongly.


Trademark is: 

  • Given to symbols or slogans that have no value in and of themselves, only because they are associated with a company or brand, like the Nike swoosh or the Coca-Cola logo. Trademark is an issue of consumer protection; only actual Coca-Cola can call itself Coca-Cola. The goal of trademark law is to prevent consumer confusion.  
  • Does not protect the content of works, but only the title, and terms it can be sold with. 
  • Is not designed to expire (is perpetual) 

  • Requires registration

  • Can be lost if it isn’t enforced (this is why companies hate it when a brand becomes a word for something, like kleenex or xerox machine: it’s possible to lose the trademark if it is considered a generic term)

Let me be absolutely clear, here: The copyright on the first few Tarzan and John Carter of Mars books have expired, which means Tarzan and John Carter of Mars are in the public domain now and belong to all of us, as well as the situations, events, and concepts in the first few novels: Opar, La, Jane Porter, Dejah Thoris, the holy therns, the Green Men, etc.). For characters, copyright is fixed at the point of initial publication. This means anyone can write or create their own Tarzan or John Carter of Mars stories and use them for commercial purposes, even sell them. However, situations and characters introduced in the works still under copyright are still protected, which means you can’t use Queen Nemone and the City of Gold from Tarzan and the City of Gold, written in 1933 and still under copyright in the US and UK. 

However…because the terms Tarzan and John Carter are still trademarked, still owned by ERB, Inc, you can make your own Tarzan book (since it’s out of copyright), but you can’t call it Tarzan, since that would interfere with ERB, Inc’s trademark. That’s why the Dynamite comics initially went with “Lord of the Jungle” and “Warlord of Mars” (we know what they mean).

Now, here’s where it gets shady: trademark is used to create a kind of perpetual, permanent copyright…which was never the intention. The Dynamite suit was totally baseless (again, these characters are in the public domain), and it’s something you see often when dealing with older characters: “copyfraud.” Yes, I said fraud, and I mean fraud. It’s a racket: pretending characters that now belong to all of us are still under ownership, enforced by the threat of litigation. Buck Rogers, Fu Manchu, Tarzan and John Carter should all, at this point, be public domain. Thankfully, the tide is starting to turn, particularly after the suit against the Conan Doyle heirs that said their supposed continued ownership of Sherlock Holmes was copyfraud. 

Conversation at the register with a little black girl in a Minnie jacket. I ask her what her favorite Disney character is and she tells me Tiana. I jokingly tell her that when I was her age, the only African princess I had was a lion! She thought that was pretty funny but her mother gave me a knowing look and it hit me.

The Lion King and its first sequel were my favorite movies growing up. This little girl has a whole bedroom decorated in Princess and the Frog decor just like mine was all TLK. TLK was so important to me as a kid that I even named my pets after characters from it… and my only African representation from Disney unless you want to count Tarzan in late middle school.

And I remember how Disney drug its feet to even get to Tiana, and how the response was ‘there, now you have one, don’t complain’, and how Tiana spends most of her movie being a talking animal and not actually recognizable as human (much like how talking animals were my princesses in the form of Nala and Kiara), and how Disney was trying to pull the 'you’re racist for asking for representation, just tell your kids to like the white princesses and don’t let them notice skin color’ card, how Disney blames Tiana for the lackluster response and uses her movie to claim people no longer want to see hand drawn animation (and uses that as an excuse to have completely killed a large part of the animation industry) and I just…

This little girl is happily chirping about her favorite princess that looks like her, talks like her, has her hair… and I remember being told to be patient, to wait, that I already got my princesses in the form of lions, how Disney-stans still defend their mistreatment of their ONLY black princess and shut down any future race-related critism because 'you got a princess shut up’ while Disney continues to churn out white princess after white princess, and I guess I just… made a joke of something that’s always kind of bothered me without realizing it, I guess.

Disney Movies that I have seen

Snow White and the seven dwarfs

Originally posted by gameraboy

Pinocchio

Originally posted by disneyasastrology

Dumbo

Originally posted by oupacademic

Bambi

Originally posted by onlydisney

Cinderella

Originally posted by disnyedreamworks

Alice in Wonderland

Originally posted by duke-of-bretagne

Peter Pan

Originally posted by thecrystalaid

Lady and the Tramp

Originally posted by kittenandpuppiesandshit

Sleeping Beauty

Originally posted by lady-arryn

One Hundred and One Dalmatians

Originally posted by disneymoviesanywhere

The sword in the stone

Originally posted by silverspaceastronaut

The Jungle Book

Originally posted by octopussoir-

The Aristocats

Originally posted by foreverdisneygifs

Robin Hood

Originally posted by the-disney-elite

The Many Adventures of Winnie the Pooh 

Originally posted by neverland-789

The Rescuers

Originally posted by mesharemylove

The Fox and the Hound

Originally posted by keldelel

The Black Cauldron

Originally posted by animated-disney-gifs

The Great Mouse Detective

Originally posted by dailychildhood

Oliver & Company

Originally posted by thedisneyportal

The Little Mermaid

Originally posted by gameraboy

The Rescuers Down Under

Originally posted by silvanfolk

Beauty and the Beast

Originally posted by disnyedreamworks

Aladdin

Originally posted by gameraboy

The Lion King

Originally posted by disneylandwheredreamscometrue

A Goofy Movies

Originally posted by the-disney-elite

Pocahontas

Originally posted by kawaiiaoiichigo

Toy Story

Originally posted by dorkly

The Hunchback of Notre Dame

Originally posted by animacia

Hercules

Originally posted by lefantasyland

Mulan

Originally posted by thecrewblr

A Bug’s Life

Originally posted by kpfun

Tarzan

Originally posted by disneywonderlandblog-blog

Toy Story 2

Originally posted by musicalhog

The Emperor’s New Groove

Originally posted by dailyhappylife

Atlantis: The Lost Empire

Originally posted by curvecreation

Monsters, Inc.

Originally posted by expertinawkward

Lilo & Stitch

Originally posted by animations-daily

Treasure Planet

Originally posted by swordleg

The Jungle Book 2

Originally posted by revire

Finding Nemo

Originally posted by you-wanna-kiss-the-girl

Brother Bear

Originally posted by pocdisneys

Home on the Range

Originally posted by fydisneymisfits

The Incredibles

Originally posted by all-things-disney-gifs

Chicken Little

Originally posted by disney-strology

Cars

Originally posted by disneypixar

Meet the Robinsons

Originally posted by movies-quotes

Ratatouille

Originally posted by yourreactiongifs

Wall E

Originally posted by tylenolannister

Up

Originally posted by disneypixar

The princess and the frog

Originally posted by pocdisneys

Toy Story 3

Originally posted by animations-daily

Tangled

Originally posted by couplenotes

Cars 2

Originally posted by barryallensboyfriend

Brave

Originally posted by thatmagicdisney

Wreck-It Ralph

Originally posted by flyingpochama948

Monsters University

Originally posted by disneypixar

Frozen

Originally posted by likeadisneyprincess

Big Hero 6

Originally posted by whatgifuck

Inside Out

Originally posted by yourreactiongifs

Zootopia

Originally posted by judithwilde

Finding Dory

Originally posted by dianekeatonfan

Moana

Originally posted by tarajis

anonymous asked:

The only things that comforts me when SP fucks everything up is that while every other Naruto couple is stuck being boring in Konoha, Sakura and Sasuke were getting animalistic in the forest/waterfalls/hot springs/mountains/caves/whatever hotels/cottages they would probably rent when the weather was bad. Plus we got proof in Gaiden and with the little apron gag that Sasuke is a tease/a subtle flirt/a saucy boy. Plus Sasuke's Tarzan kind of talk with "my wife" and Sakura's "darling" endearment.

Maybe the anime wasn’t able to show us any of their interactions because none of them were safe for work 👉🏻👌🏻

Feminist: There’s no positive females in Disney movies!

Me: What movies have you been watching?