Most of you know that I'm a big baseball fan and I'm sure that you're tired of all my baseball references during lectures.Another big love of mine is Godzilla! Or, as the Japanese call him, Gojira. I grew up watching the classic Godzilla movies from the 1960s and '70s. There is an Americanized version of Gojira, called Godzilla, and it stars Raymond Burr (of Perry Mason fame -- a popular court/legal TV show long before Law & Order). The original Gojira was not released in the United States until just a few years ago. I highly recommend Gojira -- it's the most serious of the Godzilla films and it makes a profound statement about thermonuclear war.
Anyway, the photo you see here is of a favorite Godzilla toy that stands proudly in my living room.
But what does this have to do with media law? It has a lot to do with copyright and trademark.
The character of Godzilla is protected by copyright and trademark. Lawyers for the Godzilla owners, Toho Co. Ltd., work very hard to protect their property.
Wired published a fantastic news article about Toho Studios' efforts to protect their copyright and trademark in Godzilla. There's even mention of the Pentagon Papers, prior restraint and the First Amendment! And baseball! Oh, my, the perfect storm of an article.
Check it out here.
It helps if you have read through Chapter 13: Intellectual Property. As you read the article, think about the main concepts from the IP chapter.
After you read the Wired article, I invite you to post your thoughts and reactions here in the comments section.
5 comments:
That was an interesting article kind of long. haha but it fits well with what we have been talking in class when it comes to Intellectual Property law.
First of all, Martinez-- the following is a quote you will have to live with for the rest of your life:
"I highly recommend Gojira -- it's the most serious of the Godzilla films and it makes a profound statement about thermonuclear war."
And I was sure that once you reread that, you'd be blushing just a tad-- however, your excitement for said 'Gojira' article explains and elaborates on the kind of stuff that toots your horn. Different Strokes!
On a more serious note-
Did Toho give you permission to post that picture of your Gojira? Because it seems that they're going a bit overboard with this whole property biz. I believe it's one thing to want to protect your ideas, and when it happens to be an idea that is very monumental- such as your beloved whale gorilla- it can be a difficult and equally huge task to keep an eye on prospective "property thieves". But when do you cross the line? When should Toho stop and say, "Okay, maybe this isn't going to ruin Godzilla's image or our profit; maybe it's okay."
I think that there's a difference in protecting and wanting to make sure that nothing gets past because occasionally, if lawyers let some things get by- BAM! people will be using it everywhere as an unfair and selective application of the law. But there is also a line that Toho hovers over while it beats its chest and roars- they need to ease up.
P.S. This blog had so many of your favorite things to talk about in class!! Baseball, Godzilla, The First Amendment-- and what was the name of that band? Was it on the back of Zilla's jacket?
Kim Keoghan, 9:30 class
It certainly makes sense to protect one’s ideas or products and I understand the necessity of copyright laws - but at the same time, the only reason these icons are worth anything is because everyone is so familiar with them and they have become a part of mainstream, day-to-day culture. The fact that people are nicknamed Godzilla or that brands make puns using the name or that a band would reference the monster in its name are testaments to the item’s scope of influence. It’s certainly appropriate to ensure that only the company who holds the rights profits off the image and when it comes to something like stopping the publication of Godzilla! by William Morrow, it makes sense because that seems like an outright attempt to financially and professionally profit off of someone else’s idea.
At the same time, it almost seems like what causes copyright infringement cases are exactly the sort of thing that major companies might also be pleased with. The most interesting thing about this article is that I started reading it with exactly the same assumption in mind as those at Honda Motors or Warner Bros might have had: Godzilla is such a part of mainstream culture that it’s almost strange to think of it as being owned by someone. I guess this article is a good example of why you need to keep those sort of things in mind.
wow, a little extreme? I understand the point of not wanting "godzilla" to become a common generic term but it seems they have gone a little over-board. I'm surprised they let mozilla keep its name. Either way, their lawyers are doing a pretty good job at catching the use of godzilla or the -zilla suffix. I completely forgot about the subway commercial until it was mentioned. I now recall the godzilla appearing in the $5 foot long commercial and now with the recent ones, he is no longer in it. Crazy how one second of godzilla can lead to a lawsuit. Goes to show how careful one must be before using a name, or product without permission!
I just wanted to say this blog made me laugh because my friend Randy is in love with Gojira and all Kaiju really. He has most of the characters tattooed on himself and has named his not-so ferocious chihuahua Gojira. I kind of wonder if Toho would find this infringement on their creative rights.
But in response to this from a media law stand point I in a way agree with Toho. If people see Godzilla all over the place it could become uninteresting and old. But I also feel like it's advertising at it's best...free.
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