We got a new Phillie Phanatic

by **Bucky** » Sun Feb 23, 2020 18:26:52

heyeaglefn wrote:May be a new coke situation.

huh. never pictured the phanatic having a substance abuse problem

by **heyeaglefn** » Sun Feb 23, 2020 18:29:47

It's always the people you least suspect.

by **azrider** » Sun Feb 23, 2020 18:30:46

Bucky wrote:
heyeaglefn wrote:May be a new coke situation.

huh. never pictured the phanatic having a substance abuse problem

Seriously? Definitely not a stoner or slammer and too fat to be tweeking. Didn’t notice, but after 40 years of doing rails in the clubhouse, can see why they shortened his snout. Dude was probably starting to look like Artie Lange.

by **CFP** » Sun Feb 23, 2020 18:37:28

It's a damn costume for children. They don't care. They won't notice the difference. Who cares

by **azrider** » Sun Feb 23, 2020 18:44:50

CFP wrote:It's a damn costume for children. They don't care. They won't notice the difference. Who cares

People said that same shit about Becky on Roseanne... we all know how that turned out.

by **BigEd76** » Sun Feb 23, 2020 18:58:30

Could definitely notice the differences during the game today with the sunlight. It's like when Bob Barker stopped dyeing his hair and kept the natural silver (same with Sharon Osbourne this past week) ... it's the same person (mascot), but things are different now

by **heyeaglefn** » Sun Feb 23, 2020 19:03:24

And by this time next year people will forget and move on.

by **Bucky** » Sun Feb 23, 2020 19:07:56

forget what?

by **heyeaglefn** » Sun Feb 23, 2020 19:13:20

Bucky wrote:forget what?

How upset they are with the changes. There are people posting on Twitter saying they won't go to another game because of this.

by 1 » Sun Feb 23, 2020 19:14:55

Bucky wrote:forget what?

by **Uncle Milty** » Sun Feb 23, 2020 22:55:07

CFP wrote:It's a damn costume for children. They don't care. They won't notice the difference. Who cares

This won't sit well with our Grizzled Veteran

by **Uncle Milty** » Sun Feb 23, 2020 22:56:10

azrider wrote:
CFP wrote:It's a damn costume for children. They don't care. They won't notice the difference. Who cares

People said that same shit about Becky on Roseanne... we all know how that turned out.

That's 'cause you could just sense the Maureen McCormick demons stirring inside.

by **The Dude** » Sun Feb 23, 2020 23:10:13

JFLNYC wrote:
Rockinghorse wrote:The shorter snout looks odd, but I honestly may not have noticed anything different if not for the publicity. Still can't believe this satisfies a copyright case, it's so trivial

It won’t. It’s a pathetically poor attempt.

You think they didn’t do their due diligence and figured out this would settle it? Genuinely interested in hearing more

by **JFLNYC** » Sun Feb 23, 2020 23:37:14

The Dude wrote:
JFLNYC wrote:
Rockinghorse wrote:The shorter snout looks odd, but I honestly may not have noticed anything different if not for the publicity. Still can't believe this satisfies a copyright case, it's so trivial

It won’t. It’s a pathetically poor attempt.

You think they didn’t do their due diligence and figured out this would settle it? Genuinely interested in hearing more

There is no evidence the Phils consulted copyright counsel when they first had the Phanatic created, there’s no evidence they had competent copyright counsel when the deal was renegotiated in 1984 and, having read the complaint they filed in the case, their current counsel has what might kindly be referred to as an interesting grasp on the copyright issues in this case.

Frankly, judging by their decades-long history of how they’ve dealt with the matter there’s no evidence they have any idea what they’re doing from a copyright perspective. The changes they’ve made to the Phanatic would be like changing Scarlett O’Hara’s makeup, hat and shoes and claiming the movie was no longer Gone With the Wind.

by **The Dude** » Sun Feb 23, 2020 23:39:48

I’m just going to assume that there’s tons of info we don’t have and this will work. And since they’ve been able to do this for decades makes me think they know what they’re doing

by **Bucky** » Sun Feb 23, 2020 23:56:04

jfly, maybe i'm misremembering, but didn't you characterize is as an extremely low bar to clear w/r/t making changes to make something different for copyright purposes? I don't know which threat that was

by **JFLNYC** » Mon Feb 24, 2020 00:03:30

The’ve been able to do it for decades because they had a license from the Phantic’s creators. Now that license has purportedly been terminated pursuant to the provisions of the Copyright Act of 1976 which specifically allows for the termination of such licenses after 35 years. The termination provision replaced the 1909 Act’s mechanism of an initial copyright period of 28 years which could be renewed for another 28, thereby giving creators a second bite at the apple.

The termination provisions were a bedrock part of the new law which sought to protect creators from just such licenses as this, i.e., licenses entered into before the true value of a creator’s work could be established. The law makes clear that this termination right is inalienable in that it cannot be bargained away at the time of the license no matter what a signed agreement might say.

by **JFLNYC** » Mon Feb 24, 2020 00:04:50

Bucky wrote:jfly, maybe i'm misremembering, but didn't you characterize is as an extremely low bar to clear w/r/t making changes to make something different for copyright purposes? I don't know which threat that was

I don’t believe so. If I did I would be very wrong, at least in this context.

by **Rockinghorse** » Mon Feb 24, 2020 08:17:06

I'd argue his true value is the personality, as witnessed by the fact that pretty much every mascot has evolved into some version of him (or the SD chicken before him). Therefore the physical design is just an accessory, albeit vitally important.

I hope JFL is right and the case has to be settled, which would mean we can go back to the costume from last week.

by **The Savior** » Mon Feb 24, 2020 08:47:47

As someone who has a kid who owns like 10 Phanatic things including that headband that everyone bought last year....his likeness is part of the package and easily the most valuable aspect.

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