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

SDGundamX says...

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.

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

mxxcon says...

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.

newtboy said:

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.

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

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

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

mxxcon says...

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

newtboy said:

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.

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

Sepacore says...

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

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

00Scud00 says...

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.

Why I Can't Show You The H******** S***

FlowersInHisHair says...

The right to freedom of panorama should sort it out, but in the US it depends if the H******** S*** is considered art or a building, as art is exempt from freedom of panorama and can be trademarked. Seems to me that if the owners of the H******** S*** seek to display their art upon the landscape then it should only be fair to allow people to use it in videos and photos. It's unreasonable to expect otherwise.

Your phone, built for you?

lucky760 says...

Okay, so what was the point again? The Chinese design different varieties of phones and ignore trademarks and copyrights and build phones in sweatshops, and we should aspire to achieving that higher level of evolution?

artician (Member Profile)

avengers infinity wars teaser trailer

RFlagg says...

Stan Lee Media is a silly company. They tried to sue Stan Lee himself (this probably a good example of why to never name a company after yourself).

As I understand it, they lost their chance to make a claim when they didn't go after Stan Lee and POW Entertainment early enough and before it was all brought into the Marvel fold, and then into the Disney fold. Their claim is that Stan Lee signed rights over to Stan Lee Media and then illegally transferred the rights to POW Entertainment (now part of Marvel, and therefor part of Disney).

The courts have on several occasions ruled that the transfer in the end was valid... I get a bit confused on that part, as it seems it is mostly a statue of limitations thing. They didn't fight it in time, so they lost the rights. It's why various companies have to fight to protect their copyright/trademarks and the like so often, otherwise you risk ownership. I'd think the company will continue to lose battles since they have been ruled against so many times. Where does the money come from to keep doing these lawsuits?

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