[HPFGU-Movie] Wyrd Sisters

[Sherry Garfio]

A couple of points to note from the article:

"Warner had initially approached [the Wyrd Sisters] with an offer of $5,000 to
use the band's name in the film. After the Wyrd Sisters declined, Warner made a
second offer  which some reports put in the range of $50,000, a figure
Townley-Smith [their lawyer] would not confirm or deny  which the band also
turned down."

And eariler in the article (but presumably later in time):

"'My clients have trademarked the name the Wyrd Sisters, and Warner recognized
that, so they're taking the name out of the movie. We're just saying that's not
enough,' the band's lawyer, Kimberly Townley-Smith, said."

So, WB offered to pay for use of the name, the band declined, and WB isn't
using the name in the film.  So far nobody has broken the law.  I don't see how
it's WB's fault that HP fans know, from reading the *book*, that the band
portrayed is called the Weird Sisters.

The Canadian band got their name from either Pratchett or Shakespeare (and
obviously Pratchett got it from Shakespeare).  It's quite likely that JKR got
the name from Shakespeare as well.  Note that in the case of a trade name, if
two people from different businesses use the same name, that's perfectly legal.
 For example, Joe's Hardware and Joe's Seafood Shop can coexist even in the
same town.  The only possible case I can see for a law suit is against JKR for
using the name for a fictional band when there was already a real band by that
name - but even that is quite a stretch, since one is in the music business and
the other is in a work of fiction.  If they thought they could win that one,
they probably would have tried it already.

Their lawyer also says:

"The primary thrust in the litigation is Warner Bros. Entertainment Group.
We're not interested in Radiohead's money; we just don't want them to go around
performing as the Wyrd Sisters."

So again, WHY are they going after WB?  Has WB ever talked about touring their
piecemeal band as the Weird Sisters to promote the GoF movie?  Are they
planning to credit them as the Weird Sisters on the soundtrack?  Most likely
they'll credit them as individual artists, with "courtesy of" credits for their
labels; otherwise it gets confusing because these guys *don't* have an identity
as the Weird Sisters.

It also states in there that the band's lawyer plans to try to block
distribution of the film if an agreement can't be reached - which makes even
less sense than anything else she's said because the name ISN'T IN THE FILM! 
Whatever damage has been done to her client's trade name has already been done.
 HP fans who didn't know about the folk band already think of the Weird Sisters
as the band from GoF.  The film doesn't even reinforce the connection.  And I
wonder what kind of "agreement" she's trying to reach.  Removing the name from
the film isn't enough for her.  Does she want WB to go back in time and have
JKR rename her band before she published the book and before WB bought the film
rights?

Sherry Garfio

--- artsylynda at aol.com wrote:

>  
>  
> In a message dated 10/6/2005 4:23:57 A.M. Eastern Daylight Time,  
> HPFGU-Movie at yahoogroups.com writes:
> 
> I am  sitting in Winnipeg Manitoba right now and was going to post the 
> article  last night when I read it in the Winnipeg Free Press.  It 
> really has  to to with the upholding of Copyright laws.  The Wyrd 
> Sisters are a  well known folk group in Canada and hold the right to the 
> name.  Loss  of income is a serious business folks.  I hope that it is 
> settle in a  friendly manner as I want to see Harry Potter too.
> Geebsy (usually in  Saskatchewan, but in Winnipeg for a Conference)
> 
> 
> You can't "copyright" a name - it has to be trademarked. WB has  trademarked 
> every single character name in the HP world (including Hedwig,  Hagrid, etc.)
>  
> The spelling is different, and the books have been out for  years with no 
> lawsuits as a result of that name in the book.  I'm a  professional artist
> and 
> serious about copyright too, but I don't think this case  has a leg to stand
> on. 
>  It's just an unfortunate thing.  And honestly,  I think hearing "about" the 
> Weird Sisters in the film, or even hearing them,  might draw an entirely new 
> crowd to the Wyrd Sisters concerts -- it could  BENEFIT them.  ;->  I don't
> see 
> a lot of ways it can harm them,  since anyone with half a brain would know 
> the Weird Sisters in the film are not  a real band (they're members of
> various 
> bands, if I understand it correctly).  
> 
> Lynda
> 
> "The cat's among the pixies now." Mrs. Figg,  OoP
> 
> 
> 
> 
> [Non-text portions of this message have been removed]
> 
> 


"Differences of habit and language are nothing at all if our aims are identical and our hearts are open."
    -- Albus Dumbledore, Harry Potter and the Goblet of Fire





		
__________________________________ 
Yahoo! Mail - PC Magazine Editors' Choice 2005 
http://mail.yahoo.com