Is there a violation?

[KuduzDrHector]

Hi all, it's my first post on this forum. Just wanted to share something with you. I've been to the cinema today and a character attracted my attention during a trailer from a new film called "Stardust". He was a flying pirate ship's captain a charismatic "dashing swordsman", played by Robert De Niro. Is it just me or does it sound too familiar to you as well? Do you think there might be a "violation of a certain fantasy author's intellectual property"?

Let me know what you think. :smallwink:

[Ronsian]

I believe it's not really infringement, what would you call Robin Hood? He's dashing, and uses a sword. Also, he never copyrighted it.

[Demented]

I'm doubtful Giant thought of the archetype first.
He just made a mocking version of it.

[David Argall]

If there is a violation, this strip is the defendant, not the prosecution.

The idea has been around a long time in fantasy. I'm too lazy to trace it back, but I think you can find it in Edgar Rice Burroughs, and I doubt he originated it.

[Hushdawg]

Technically the "Dashing Swordsman" has its roots in novels by Alexandre Dumas.

Anyone think he's going to rise from the grave and prosecute?

[Krytha]

Technically the "Dashing Swordsman" has its roots in novels by Alexandre Dumas.

Anyone think he's going to rise from the grave and prosecute?

Hush, dawg. You never know when there's money involved.

[Daimbert]

I believe it's not really infringement, what would you call Robin Hood? He's dashing, and uses a sword. Also, he never copyrighted it.

I wouldn't call him a swordsman, but rather an archer. He's much more famous for (and much better with) his bow than his sword. Or, at least, that's what the legends say; I don't have any personal experience myself.

[Gavin Sage]

Stardust is originally a novel by Neil Gaiman, and I would presume out flying pirate come originally from there. The book is from 1999, well before the OOTS. (Just because one thing was encountered before the other doesn't make the second thing newer)

And "Dashing Swordsman" is an archetypal description. Hardly so distinctive it can't show up elsewhere.

[KuduzDrHector]

Stardust is originally a novel by Neil Gaiman, and I would presume out flying pirate come originally from there. The book is from 1999, well before the OOTS. (Just because one thing was encountered before the other doesn't make the second thing newer).

Perhaps the giant read the novel and wanted to take the mickey?


Technically the "Dashing Swordsman" has its roots in novels by Alexandre Dumas.

Anyone think he's going to rise from the grave and prosecute?

Err, Alexandre Dumas surely did not mention a "flying pirate ship" and its captain in his books - to my knowledge that is... On the other hand, you can find a load of dashing swordsmen in Hollywood, I don't think you can actually copyright the dashing swordsman.

[Rinquist]

I don't think you can actually copyright the dashing swordsman.

Well I just did, anyone who uses the term "Dashing Swordsman" from herein must pay me royalties! :smallamused:

[Roderick_BR]

The "dashing swordman" name Rich gave to the PrC is a rather common expression in some stories.
It's like saying that calling someone a "paladin" or "druid" is violating D&D's copyrights.

[KuduzDrHector]

Well I just did, anyone who uses the term "Dashing Swordsman" from herein must pay me royalties! :smallamused:

He he, nice try mate, you've got to show the evidence though :smallbiggrin:

[Duke Malagigi]

The Terry Gilliam film The Adventures of Baron Munchausen also has such a Dashing Swordsman in it. See here (http://en.wikipedia.org/wiki/The_Adventures_of_Baron_Munchausen) and here (http://www.imdb.com/title/tt0096764/).

http://upload.wikimedia.org/wikipedia/en/e/e1/Munch_01.jpg

How's that for you?

[basilisk 89]

I think the OP is referring to a dashing swordsman pirate captain on a flying ship, not the dashing swordsman itself.

[Duke Malagigi]

I think the OP is referring to a dashing swordsman pirate captain on a flying ship, not the dashing swordsman itself.

I'll admit that the Baron wasn't a pirate, but he did have a flying ship.

[Teron]

The "dashing swordman" name Rich gave to the PrC is a rather common expression in some stories.
It's like saying that calling someone a "paladin" or "druid" is violating D&D's copyrights.
Heh, that's obviously silly. Charlemagne has the copyright to paladins, though I'm not sure it would hold up in court if the ancient romans challenged it.

[Caffeine Addict]

Ahem... "Princess Bride"

I challenge you to find a dashier swordsman on a pirate ship...

[Kreistor]

You can't copyright a character archtype or name. You can trademark names, as has been done with Driz'zt and Illithid, but copyright does not protect a general idea of a character.

So, unless the Giant went out and trademarked "Dashing Swordsman", which I think would be denied because it is descriptive of the product. You can't trademark "hot and juicy" in relation to hamburgers, for instance, because that describes the product, but you could trademark it in relation to a mirror, since neither hot nor juicy describes a mirror. The character is both dashing and a swordsman, so that would be trademark denied.

[psychoticbarber]

You can't copyright a character archtype or name. You can trademark names, as has been done with Driz'zt and Illithid, but copyright does not protect a general idea of a character.

So, unless the Giant went out and trademarked "Dashing Swordsman", which I think would be denied because it is descriptive of the product. You can't trademark "hot and juicy" in relation to hamburgers, for instance, because that describes the product, but you could trademark it in relation to a mirror, since neither hot nor juicy describes a mirror. The character is both dashing and a swordsman, so that would be trademark denied.

I'm just a little weirded out by the "Hot and Juicy" Mirror Company. Anybody with me? :smallbiggrin:

[TMTree]

I think the whole idea of Rich's character is that he is a walking cliche: and this wouldn't be the case unless similar characters were to be found in many other stories.

[Zherog]

I am not a lawyer, nor do I play one on TV


Well I just did, anyone who uses the term "Dashing Swordsman" from herein must pay me royalties! :smallamused:

Words and phrases cannot be "copyrighted." They can, however, be trademarked. For example, the phrase "Giant in the Playground" is a registered trademark, owned by Rich. Each OotS comic is copyrighted, just by Rich posting it to the website. He can, of course, go the extra step to register the copyright.

[Rinquist]

I am not a lawyer, nor do I play one on TV



Words and phrases cannot be "copyrighted." They can, however, be trademarked. For example, the phrase "Giant in the Playground" is a registered trademark, owned by Rich. Each OotS comic is copyrighted, just by Rich posting it to the website. He can, of course, go the extra step to register the copyright.

I'm suing you!

[Duke Malagigi]

I added the Baron Munchausen picture.

[wagomorph]

Ahem... "Princess Bride"

I challenge you to find a dashier swordsman on a pirate ship...



Inconceivable!!


I hereby apologize for making such an easy joke

[bluish_wolf]

I am not a lawyer, nor do I play one on TV



Words and phrases cannot be "copyrighted." They can, however, be trademarked. For example, the phrase "Giant in the Playground" is a registered trademark, owned by Rich. Each OotS comic is copyrighted, just by Rich posting it to the website. He can, of course, go the extra step to register the copyright.

If you are going to get into trademarks, you're just opening another can of worms.

By the way, I'm pretty sure the phrase "Giant in the Playground" is not a registered trademark. If you notice, it's a ™ not an ®. If it were registered, then he would have exclusive rights to that phrase, which would be rather silly.

[KurenaiYami]

Ahem... "Princess Bride"

I challenge you to find a dashier swordsman on a pirate ship...

I'm gonna go with Edmund Dantes from The Count of Monte Cristo for the win, Bob.

The classics never die.

[KuduzDrHector]

I'm gonna go with Edmund Dantes from The Count of Monte Cristo for the win, Bob.

The classics never die.

When the aforementioned film "Stardust" comes out, you'll see who's the "dashiest" :smallbiggrin:

Robert de Niro will be the actual embodiment of Captain Scoundrel (apparently he's called "Captain Shakespeare" in the film)

But until the film comes out, Captain Jack Sparrow will do.:smalltongue:

[bluish_wolf]

I'm gonna go with Edmund Dantes from The Count of Monte Cristo for the win, Bob.

The classics never die.

E-D-M-U-N-D, that's my name!

Sorry, I had to do it.

[chibibar]

Dreaded Pirate Robert :) is a Dashing Swordsman :)