Reaction to the Fine Brother's "React" Youtube controversy

The Fine Brothers are trying to own the rights to every type of "react" video. Youtubers are pissed off.

Original video: https://www.youtube.com/watch?v=r2UqT6SZ7CU

Summary of the situation: http://nymag.com/following/2016/01/youtubers-at-war-over-those-react-videos.html
newtboysays...

Sweet Zombie Jesus! I had not heard about what they're parodying.
The Fine bro's think they 'own' 'react' videos? How did they ever get a copyright to something that's ubiquitous as reaction videos. That's completely insane and not what copyright laws are intended for.
I feel like they need to get a slap down from, I dunno, lets say the creators of candid camera? Or maybe 'kids say the darndest things'?

Good bye Fine Brothers. I hope you enjoyed having a company, because I'm fairly certain you've just destroyed it.

00Scud00says...

Wait, Sony couldn't Trademark 'Lets Play' but some podunk YouTubers managed to do it with 'React'? Looks like Sony has been hiring the wrong lawyers.
Hopefully the Fine Brothers will go down in flames for this and a weenie roast will be held in their honor.

Sepacoresays...

TFB are disingenuous scammers at worst, and blinded by greed at best.
Claiming this as a community focus is deceptive.. unless suppressing and ripping off the community counts, in which case, touché.

Their next attempt will be to trademark the notions, occurrences and content of "an idea", "a thought", "a feeling" and just to cover everything else off and be proper dicks "a thing".

Link to their decreasing subscriber count, every downwards tick = a smile
http://www.livecounts.x10host.com/?channel=Fine%20Brothers%20Entertainment

Paybacksays...

I currently own the rights to posting a series of vine shorts in a compilation on YouTube.

I'm also in talks with the owner of Russian Dash Cam compilations.

We're gonna make a MINT.

True story.

mxxconsays...

Knee-jerk reaction based on misinformation.
Watch http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright to learn the difference.

newtboysaid:

Sweet Zombie Jesus! I had not heard about what they're parodying.
The Fine bro's think they 'own' 'react' videos? How did they ever get a copyright to something that's ubiquitous as reaction videos. That's completely insane and not what copyright laws are intended for.
I feel like they need to get a slap down from, I dunno, lets say the creators of candid camera? Or maybe 'kids say the darndest things'?

Good bye Fine Brothers. I hope you enjoyed having a company, because I'm fairly certain you've just destroyed it.

mxxconsays...

Because they did not get a *copyright*!!!
They got a trademark! A trademark for their PRODUCT.
IT'S A HUGE FUCKING DIFFERENCE BETWEEN A TRADEMARK AND A COPYRIGHT!
They did not go around internet shutting down any other videos! They did not claim to own anybody else videos! They stated as such!

They got a trademark for their shows. A very specific format of shows!

Just like Jeopardy and Wheel of Fortune have trademarks for those shows to allow them to be licensed else and be named like that. However, these shows do not own the concept of a quiz show or a letter guessing show in a different format.

This is not any different.

newtboysaid:

Explain.
How is what I said wrong?
Why do you knee-jerkingly assume I mixed up terms? I said copyright, they claim copyright rights...not trademark or patent rights.

SDGundamXsays...

I'm gonna go with @mxxcon on this one. What they're doing is creating a service that allows other people to create a video using their trademarked names (i.e. Kid's React, etc.) and publish it through them as well as engage in profit sharing of the franchise.

In other words, you create a react video and want it seen by millions of videos, you can go through their new company which will promote it under trademark that they've taken out, thereby exposing it to a much larger audience than most YouTubers have individually. I haven't seen anything about them suing people who make reaction videos, but they probably would sue if you called it "Kid's React" just as, as mxxcon pointed out Wheel of Fortune would sue you if you created a new game show called "Wheel of Fortune," since those are now trademarked names.

I think the whole controversy stems from, as again mxxcon suggested, people ignorantly confusing the terms trademark and copyright or assuming they are the same thing. If you want to avoid trademark infringement, all you have to do is avoid labelling your YouTube the same as a trademarked title. Maybe "Children Respond To..." or something like that.

But honestly, this really seems like these guys really are trying to share the wealth. They realize lots of people out there have really good ideas for react videos and are probably making the suggestions in the comments. And what they're basically replying is, we don't have time to make a video of every good idea so why don't you go ahead and do it and we'll distribute it to our viewers and give you a share of the profits. Doesn't sound like a bad thing at all to me.

mentalitysays...

They did go around the internet shutting down other videos.
Here's a video from one of many youtubers who've they've blocked:
https://www.youtube.com/watch?v=Jfc_HE8dJ5k

Also, regarding the trademark vs copywrite issue, here's an attorney's perspective.

http://ryanmorrisonlaw.com/attorneys-react-the-fine-bros-react-trademark/

In the end, you may be right. But calling people retards and writing in all caps like some youtube troll doesn't help your case.

mxxconsaid:

They did not go around internet shutting down any other videos! They did not claim to own anybody else videos! They stated as such!

mentalitysays...

I don't know enough about law to know who's right, but here is a perspective from an actual attorney:

http://ryanmorrisonlaw.com/attorneys-react-the-fine-bros-react-trademark/

And judging from all the reports of the Fine bros bullying other youtubers with cease and desists, I don't think the situation is quite as harmless as you paint it.

SDGundamXsaid:

I'm gonna go with @mxxcon on this one.
In other words, you create a react video and want it seen by millions of videos, you can go through their new company which will promote it under trademark that they've taken out, thereby exposing it to a much larger audience than most YouTubers have individually. I haven't seen anything about them suing people who make reaction videos, but they probably would sue if you called it "Kid's React" just as, as mxxcon pointed out Wheel of Fortune would sue you if you created a new game show called "Wheel of Fortune," since those are now trademarked names.

mxxconsays...

I'll take youtube comments over reddit any day of the week.

Fuck reddit and its retarded minions!

mentalitysaid:

But calling people retards and writing in all caps like some youtube troll doesn't help your case.

mentalitysays...

Yeah I watched it. Did you watch it? Do you even understand why people are upset?

The point is the Fine brothers built their empire reacting to other people's content, but are now preventing other people from using their own derivative content. It shows just how much "good will" they have about people building a "community" with this trademark of theirs.

mxxconsaid:

Did you actually watch the video you linked?!
Did you actually understand WHY they blocked his video?
Do you actually understand what is the difference?

mentalitysays...

If you'll take the worst youtube troll comments, then it's just as bad as the most retarded things on reddit.

mxxconsaid:

I'll take youtube comments over reddit any day of the week.

Fuck reddit and its retarded minions!

newtboysays...

Well, from my read that's much worse.

I'm sorry, that's apparently wrong, it's been reported that they did go around the internet shutting down videos.

If you're correct (I note that on their video they use the word copyright time and again to explain exactly what they DIDN'T copyright, leading to the inference that they have a copyright), then they got a permanent trademark for a format of show that they didn't create, a format that's quite popular and ubiquitous.
React videos are something that's been around since the 60's. Ever hear of Candid Camera? It's a bit like trademarking 'news programs' and anyone who makes 'news' or calls their video 'news' now has to beg for permission-or like trademarking 'talks' videos. They didn't invent this format, they aren't the only creators of this content, they are simply trying to grasp control over this content. Eventually they'll likely require payment for that permission and they'll claim it's to cover costs until it's clear that it's not.

No matter what the reality of the situation is, they screwed up and killed their company with this internet power grab...and I think they deserve go out of business. What a terrible, unnecessary idea to boost their youtube channel.

mxxconsaid:

Because they did not get a *copyright*!!!
They got a trademark! A trademark for their PRODUCT.
IT'S A HUGE FUCKING DIFFERENCE BETWEEN A TRADEMARK AND A COPYRIGHT!
They did not go around internet shutting down any other videos! They did not claim to own anybody else videos! They stated as such!

They got a trademark for their shows. A very specific format of shows!

Just like Jeopardy and Wheel of Fortune have trademarks for those shows to allow them to be licensed else and be named like that. However, these shows do not own the concept of a quiz show or a letter guessing show in a different format.

This is not any different.

newtboysays...

Ahhh....now THAT'S finally an explanation that makes sense. You should post that.

The Fine Brothers explanation is TERRIBLE, confusing, and rambling....and I think that's probably on purpose because if they just said 'we just seized control of ALL "react!' videos and you have to give us 1/2 your YouTube/internet money if you make any' would probably get them lynched pretty quick.

It's all about exerting control over other people's content and taking 1/2 their money....and offering absolutely nothing for it.
This will be (already has been) abused to steal money from others under the threat of 'trademark infringement' where they didn't even create the thing they trademarked.

Even worse than it sounded at the onset.

Fuck the Fine Brothers. From now on, any "'X'- reacts!" videos are getting my downvote until the Fine Bro's are out of business and their trademark removed.

eric3579said:

A good breakdown/analysis of "React World" https://youtu.be/a49fipjglyc

mxxconsays...

Once again you do not understand the fucking difference between COPYRIGHT and TRADEMARK.

They shut down that guy's video for a COPYRIGHT violation because he used their videos wholesale without permission from them.

Whereas you can bet your ass that fine bros get all the legal permissions necessary from all the videos, items and people before they run any of their episodes. They are too big of a target and too much money at stake not to do it!

They shut down that guys video for COPYRIGHT violation, not TRADEMARK violation. They got a trademark for the logos and the exact format of their shows!
They did not trademark the concept of a "react" video!

mentalitysaid:

Yeah I watched it. Did you watch it? Do you even understand why people are upset?

The point is the Fine brothers built their empire reacting to other people's content, but are now preventing other people from using their own derivative content. It shows just how much "good will" they have about people building a "community" with this trademark of theirs.

mxxconsays...

That's the thing, they did not trademark the concept of react videos!
They trademarked a very specific format of their shows.
It's not like trademarking 'news programs'.
It's more trademarking 'news programs filmed and broadcast from a window of a bathysphere sitting in your swimming pool'.
See the difference?
They don't have to be the first to do it. But if their content and ideas are distinctive enough, they have every right to protect it.

newtboysaid:

Well, from my read that's much worse.

I'm sorry, that's apparently wrong, it's been reported that they did go around the internet shutting down videos.

If you're correct (I note that on their video they use the word copyright time and again to explain exactly what they DIDN'T copyright, leading to the inference that they have a copyright), then they got a permanent trademark for a format of show that they didn't create, a format that's quite popular and ubiquitous.
React videos are something that's been around since the 60's. Ever hear of Candid Camera? It's a bit like trademarking 'news programs' and anyone who makes 'news' or calls their video 'news' now has to beg for permission-or like trademarking 'talks' videos. They didn't invent this format, they aren't the only creators of this content, they are simply trying to grasp control over this content. Eventually they'll likely require payment for that permission and they'll claim it's to cover costs until it's clear that it's not.

No matter what the reality of the situation is, they screwed up and killed their company with this internet power grab...and I think they deserve go out of business. What a terrible, unnecessary idea to boost their youtube channel.

newtboysays...

Not at all from my read.
To me, it's like trademarking the word "news!", forcibly removing any videos labeled "news!", and insisting anyone that posts one pay them 1/2 the revenue they might make...and probably taking it too far and going after those making 'news' claiming they're also infringing and forcing them to pay or defend themselves in court.
It's not at all as specific as you claim.
I see the difference in your analogy, but I totally disagree with your characterization. It's far more like trademarking 'news!' than trademarking 'news filmed and broadcast from a window of a bathysphere sitting in your swimming pool'. If it were that specific, there would be no outrage.
If they didn't come up with it, it's not their idea...and 'humans react to' videos is NOT distinctive enough by far, IMO, and in the opinion of MOST people. If they actually limited it to videos with the exact format of people watching unseen videos at an angle, and the exact same title of "Kids React!" they're still over reaching to control something they did not invent and should not own. Kids reacting was a genre of video/photograph LONG before they started making them, and if the reaction is exciting, using an exclamation point is normal English, as is capitalization of all words in a title.

They have no right to 'protect' something they didn't invent by taking other people's money, first that's not protection, it's simple extortion, second, it's theft, since it's not even their idea in the first place.
They don't have to be the first, possibly, but they certainly shouldn't be able to trademark a common phrase that existed before their company, or a format that existed long before their company, which is what they did.
If they want to 'protect their brand', they need to re-name it something that's not already a common phrase, otherwise they're trying to co-opt a commonly used phrase (that they didn't come up with in the first place) and extort money from those who commonly use it under threat of lawsuit. They also need to steer FAR away from attempting to enforce it against ANY video not in their EXACT format, including font, capitalization, punctuation, stated video format, content, etc. It a video doesn't meet EVERY standard there, they should leave it alone. I'm fairly certain that's NOT their intent, as it would make it impossible for them to extort money and make this move useless.


EDIT: Can we at least agree that, if a company is going to do something like this that COULD be a huge over reach and could easily be abused to both extort money and remove any competition, and their spokes people do such a piss poor job of explaining what they're doing that it sounds like they're using the law to steal property and money from actual content creators and erase those they can't control, while creating absolutely nothing themselves, and offering nothing for the money they forcibly take, that that company deserves ALL the ridicule and losses that follow, and their best move left would be to drop the entire thing rather than continuing and making numerous failed attempts to explain themselves?

mxxconsaid:

That's the thing, they did not trademark the concept of react videos!
They trademarked a very specific format of their shows.
It's not like trademarking 'news programs'.
It's more trademarking 'news programs filmed and broadcast from a window of a bathysphere sitting in your swimming pool'.
See the difference?
They don't have to be the first to do it. But if their content and ideas are distinctive enough, they have every right to protect it.

newtboysays...

There's the rub.
'IF their content and ideas were distinctive enough'....they are clearly not, as both existed and were well known long before they came along.

mxxconsaid:

They don't have to be the first to do it. But if their content and ideas are distinctive enough, they have every right to protect it.

newtboyjokingly says...

Shit.
This entire thread, and indeed all threads will now need to be taken down because they are following the specific format of 'people reacting to watching videos', just in writing rather than on video, and Fine Bro's is now making claims it owns comments on videos as 'reactions' and wants 1/2 of Sifty's money because they're using the Fine Bro's format....next stop, 1/2 of YouTube.

mentalitysays...

Isn't that what they did though? As long as you have a set demographic reacting to videos, couldn't it be argued that you're infringing on their trademark?

Trademarks are much more broad and powerful protection than copyright. They protect your brand and/or logos and slogans. They also protect against things “confusingly similar,” so it’s possible you could be sued for naming your video “Kids have emotions.”

Source:
http://ryanmorrisonlaw.com/attorneys-react-the-fine-bros-react-trademark/

So please explain to me why this lawyer is wrong. And you might want to tone it down a little - you're sounding on par with the worst that reddit has to offer, and disproving the notion that the videosift community is more mature and capable of having a civil conversation.

mxxconsaid:

They did not trademark the concept of a "react" video!

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