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re: BAMA Cuts Episodes

Posted on 4/4/18 at 4:12 pm to
Posted by Cobrasize
Birmingham
Member since Jun 2013
49682 posts
Posted on 4/4/18 at 4:12 pm to
Here is a little bit from a Barstool article. Those guys don't offer much, but they're funny
quote:

I’m sure Bron and his team push around people like this all the time, all the little guys and mom and pop production companies just trying to get their content out there and getting sued into oblivion for having like, a basketball in the back right corner of the frame, or a lead actor with a receding hairline. Well they finally ran into a guy that’s not gonna get steamrolled over. Oh no no no. Not Nick Saban. Nick Saban will be talking to his buddies while getting a fresh cut and a straight razor shave until Alabama’s lawyers literally beat him over the head with that swirly pole and drag him out of the place.

Barstool sports
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 4/4/18 at 5:06 pm to
quote:

You still trying to claim that people in a barber shop talking sports is LeBron's intellectual property? Come on man. Get real



That's never what I claimed. I'm saying it is possible LeBron could have IP for a specific style, setup and execution of a barbershop setting sports talk show. That would be misappropriation, which is likely the claim


It's the fact that Bamas show is extremely close, bordering on copying in style, premise, music and even logo




Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 4/4/18 at 5:28 pm to
Triggered much? I'm sure there's a thread about MLK on the police board that needs your your expertise. But, to answer your question I could say yes to all of what you asked except buying merch, well except his shoes for my nephew
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37623 posts
Posted on 4/4/18 at 5:49 pm to
If I read that article correctly James’ team hasn’t copyrighted or registered his show from an IP copywright perspective? If that is the case James may not have a leg to stand on. The question I would want to know is how did both sides come up with the idea?
Posted by Cobrasize
Birmingham
Member since Jun 2013
49682 posts
Posted on 4/4/18 at 5:57 pm to
I bet Bill Battle loves this kind of stuff. I think he still comes around pretty regularly. He has to be an expert on this shite.
Posted by TidalSurge1
Ft Walton Beach
Member since Sep 2016
36467 posts
Posted on 4/4/18 at 6:01 pm to
quote:

That's never what I claimed. I'm saying it is possible LeBron could have IP for a specific style, setup and execution of a barbershop setting sports talk show. That would be misappropriation, which is likely the claim

Per ESPN:
quote:

However, none of James' businesses have a copyright or trademark associated with "The Shop," which would make this an intellectual property claim. 
Posted by jryanw
Bham, AL
Member since Dec 2013
4612 posts
Posted on 4/4/18 at 6:08 pm to
quote:

Triggered much? I'm sure there's a thread about MLK on the police board that needs your your expertise. But, to answer your question I could say yes to all of what you asked except buying merch, well except his shoes for my nephew


Classic snowflake response. Try to group people I with racist. Like I said, I was a HUGE LBJ fan then all the stuff people had said about his constant bitching was right in my face and I couldn't deny it anymore.
Please humor me, if you know all that I asked earlier why did you just say yes instead of proving it by answering those questions in your post?
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37623 posts
Posted on 4/4/18 at 6:19 pm to
Yeah and that is why Saban basically told him to pound sand. He has no copyright on that show so he has no standing to tell Bama to cease. Again if that is the case: but Nick is so insanely detailed focused I have to believe he and Bama know this.

Again I would be interested to hear how both parties came up with this.....someone pitched it to them and the two shows are just too similar.
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 4/4/18 at 6:42 pm to
quote:

He has no copyright on that show


The show is under copyright protection, even if he hasn't gone through the registration process according to the U.S. Copyright Office website

quote:

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

LINK
This post was edited on 4/4/18 at 6:47 pm
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37623 posts
Posted on 4/4/18 at 6:47 pm to
Interesting. Thanks for posting

I come back to the issue as to how these ideas came to fruition on both sides.
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 4/4/18 at 7:03 pm to
quote:

I come back to the issue as to how these ideas came to fruition on both sides.


It would be incredibly unlikely that Alabama's marketing dept on their idea both developed the same idea independently + strikingly similar execution in terms of concept, style, film editing, music and logos


If the similarities ended at them in a barbershop talking sports, I think they'd be in the clear. The problem is the more unique qualities that are similar, the less solid Bama's position becomes as it then is copying expression of the idea
This post was edited on 4/4/18 at 7:04 pm
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 4/4/18 at 7:06 pm to
I'd also point out that the second episode of Shop Talk has not been released as scheduled today.


Saban/Bama should just offer to slap on a sponsorship where the proceeds go to Lebron's charitable foundation or something. Everyone wins

- Bama, with minor modifications, keeps show + style
- Sponsor gets a ridiculously high exposure spot due to story
- Lebron gets good publicity for directing to charity, protects his IP + his charity benefits and gets exposure as well




Instead of acting like children, the two sides should look for a mutually beneficial arrangement instead of trying to "win" at the other party's expense
This post was edited on 4/4/18 at 7:14 pm
Posted by Cobrasize
Birmingham
Member since Jun 2013
49682 posts
Posted on 4/4/18 at 7:14 pm to
quote:

ALABAMA FOOTBALL
Does LeBron James have a case against Alabama? Lawyer explains barbershop battle
Updated 6:11 PM; Posted 6:11 PM
Nick Saban said Tuesday Alabama wasn't stopping its web series "Shop Talk."
Nick Saban said Tuesday Alabama wasn't stopping its web series "Shop Talk."(Vasha Hunt/vhunt@al.com )

11
10
shares
By Michael Casagrande mcasagrande@al.com
First, there was the letter. Then Nick Saban weighed in on the dispute. Hours later, LeBron James offered his take.

So, what's the actual law involved in this whole barbershop video controversy? Does the NBA star have a case against Alabama?

Birmingham lawyer Michael J. Douglas specializes in intellectual property and business disputes. He helped explain how the law views situations like this.

"To me," the Auburn grad said, "it seems like a tough case."

This goes back to June when James and his production company UNINTERRUPTED released the 29-minute Episode 1 of "The Shop." Move ahead to last Wednesday when Alabama posted the nearly 18-minute "Shop Talk." Both shows featured unscripted conversations between athletes in a barbershop setting.

UNINTERRUPTED sent a letter to Alabama days after "Shop Talk" went online claiming there were copyright, trademark and intellectual property concerns with the video, ESPN reported.

ADVERTISING


Saban on Tuesday said Alabama wouldn't stop the series which led James to say he'd "be damned if I allow someone to use our platform or try to do the same thing we're doing and just think it's OK."

Douglas, the attorney, said there are a few questions to ask in all of this.

First, does James have anything to protect? Are there registered copyrights? Common law copyrights are also possible.

"But, you can't copyright a generic idea or an unoriginal idea," Douglas said.

The attorney used late night television as an example. The Tonight Show, Jimmy Kimmel Live, and the Late Show "are all basically the same," Douglas said.

"They can't prevent each other from doing it because they're not original expressions of ideas. They're generic."

Second, if it is determined James has something to protect here, you would have to convince a jury there's a striking similarity between the two expressions. "And there's a lot of ambiguity with that."


Saban pointed out there have been more than a few different concepts out there where people sit around a barbershop chatting. Douglas said there must be original elements that could be protected.

The fact neither show appears to be scripted or follow any format makes the case more difficult for James.

Alabama's show was set in the new barbershop built in its football complex. James' series is set in a storefront barbershop. Alabama's featured former star players including Julio Jones while James had fellow NBA star Draymond Green and rapper 2Chainz among those in the barbershop.

In terms of trademarks, the logos for the two shows are similar. Both contain an open scissor. James would have to prove the similarities were potentially confusing along with a long list of other requirements.

"It's just a tough area of law when you're dealing with a show idea or an expression of that show when that type of concept has been done before," Douglas said. "Are there original elements that can be protected?"


Episode 2 of Alabama's "The Shop" was set to be released Wednesday. The first one came out in the evening last Wednesday.


Al.com
This post was edited on 4/4/18 at 7:15 pm
Posted by Cobrasize
Birmingham
Member since Jun 2013
49682 posts
Posted on 4/4/18 at 7:17 pm to
I butchered the hell out of that copy and paste. Sorry guys.
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37623 posts
Posted on 4/4/18 at 7:29 pm to
Oh I woud’nt disagree with you at all. In fact they are too similar for coincidence. Which is why some discovery would be very interesting.

I suppose the broader issue would be is the “Barber Shop” concept is one that is owned? I come back to a point that sitcoms or or shows around a barbershop are not unique.

I draw the analogy in my mind between The Honeymooners and the King Of Queens. Big jolly blue collar guy in his little NYC crib with his put upon wife? The shows are literally 40 years apart but it’s the same show! Similarly there have been a lot of BarberShop concepts throughout the years. Bama seems like a rip off James’ show but is it enough for James to get a remedy?
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 4/4/18 at 7:47 pm to
quote:


I suppose the broader issue would be is the “Barber Shop” concept is one that is owned?


I don't think so. It is the expression/how the "Barber Shop" concept is carried out. For example, MGM studios successfully argued that this Honda Motors ad was substantially similar to James Bond James Bond.

quote:

This example is derived from the seminal case between MGM and Honda Motors alleging that Honda created a commercial using a substantially similar character and plot as James Bond and the James Bond film franchise in which MGM held valid copyrights.3 MGM successfully argued that all of the specific details taken together (a handsome male protagonist alongside a beautiful woman engaging in a high-speed chase with a villain, the fact that James Bond remains calm and uses technology and gadgets to evade the villain, and depicting similar specific scenes from James Bond movies, one of which includes James Bond evading a helicopter in a high-speed chase) point to the fact that Honda copied the expression used by MGM in the James Bond films, and thus violated MGM’s copyrights in the James Bond films. Further, MGM successfully argued that its copyright in the James Bond character was also violated because the character is unique and always possesses the same qualities, regardless of the actor portraying him. MGM proved Honda had “access” to the James Bond character after the lead writer of the commercial admitted to having seen portions of a James Bond film

This post was edited on 4/4/18 at 7:49 pm
Posted by UASports23
Member since Nov 2009
24348 posts
Posted on 4/4/18 at 7:54 pm to
Posted by TidalSurge1
Ft Walton Beach
Member since Sep 2016
36467 posts
Posted on 4/4/18 at 8:20 pm to
quote:

In terms of trademarks, the logos for the two shows are similar. Both contain an open scissor. 

I wonder how many barbershops in this country have open scissor logos.
This post was edited on 4/4/18 at 8:21 pm
Posted by UASports23
Member since Nov 2009
24348 posts
Posted on 4/4/18 at 8:25 pm to
BREAKING NEWS: LeBron sends letter to everyone using Barber Capes that are beige.
Posted by UASports23
Member since Nov 2009
24348 posts
Posted on 4/4/18 at 8:29 pm to
GETCHA POPCORN READY

HERE IS EPISODE 2

Let's GO
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