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Harry Potter the Musical Meets the Copyright Chorus Line

  • Jun. 28th, 2009 at 6:22 PM
CopyrightSpider
You may have seen the videos floating around last week called "Harry Potter the Musical."
I saw them HERE. The two musical videos have been taken down now, but you can see the guy who played Harry in a short parody (people are laughing!)called Goin' Back as in "going back to Hogwarts. The soundtrack isn't that great, but it's pretty good. Look fast in case this disappears too.

But what was their evil purpose in creating these videos? They are just fans, and that's not an easy thing to be sometimes.

HP the Musical was written and produced in early 2009 by a bunch of college kids/recent grads through a non-profit student-run theatre company. It was a free show that ran for three nights (five performances) and will never be done again... but luckily we taped it so everyone can get a chance to enjoy its magical silliness. The songs were written by Darren Criss (who plays Harry Potter) and AJ Holmes (who plays piano in the band). The script was written by Matt Lang (who also directed the show), Nick Lang (who assistant directed and made the dragon puppet) and Brian Holden (who was busy working at a real job while the rest of us were making a goofy play).
HP the Musical was a completely non-for-profit unofficial parody show made by Potter-fans for Potter-fans. All of us involved love the books immensely (and strongly encourage everyone to read them if you haven't) and it is with the utmost admiration that we celebrate and poke fun at them with this musical inspired by our very favorite stories.
And now they are having to rename their Musical to avoid . . . *whispers* . . . legal issues. They are even asking fans to send in suggestions for a new name to the YouTube account of the creators StarKidPotter.

I wish someone could explain the difference between these videos and what the Wizard Rock kids do? Not to offend any fans ~ especially sorry to [info]saiphgrl!!! ~ It just doesn't seem right to me that some fans can call themselves "Draco and the Malfoys" and "Harry and the Potters" but these guys can't call their funny video "Harry Potter the Musical." I don't get it.

But I think they got the legal message loud and clear. Stay with this next video all the way to the end because I promise you will enjoy it! The song at the end starts about 3:14 minutes. It is priceless!!!



We don't wanna, We don't wanna be sued.
We're not tryin', tryin to be rude.
Cause it ain't funny, we ain't got no money
To Loooooooooose!
 
We never wanted, We never wanted to fight.
Legal issues, and misuse, and copyright.
If we annoy ya, we ain't go no lawyers
To Uuuuuuuuuuse!

So understand! Ooh-Wah-Ooh
That we're just fans! Ooh-Wah-Ooh
We can't fight the man!
So we're playin' it safe
And takin' our whole show down.
So there's no showdown.
But we'll still stick around.
Cause it won't slow us down.
It's just for now.
So stay tuned...
We'll be back here soon...
 


  • Location:FandomCourt
  • Mood: confused
  • Music:We Don't Want to Get Sued

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( 26 comments — Leave a comment )
[info]condwiramurs wrote:
Jun. 29th, 2009 12:05 am (UTC)
Thanks for posting this. This sort of stuff really pisses me off sometimes - isn't PARODY a category specifically protected as fair use under US law!? (I'm assuming this is in the US?) Grr.
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 04:40 am (UTC)
It's definitely in the U.S. - I wish I had downloaded the videos before this happened because I never saw them either. :(

A "musical comedy" is not the same thing as the Harry Potter books or movies. I think they are going for trademark infringement with the words again, which is still shady.

This reminds me of Al Franken being sued by Fox News because he put their pictures and motto on his bookbe proven. If it can that something doesn't replace the original work then it is a parody.

From CNN

Aug. 22, 2003

...Fox was seeking an injunction to halt distribution of "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right."

U.S. District Judge Denny Chin, after listening to about half an hour of oral arguments, said the lawsuit was "wholly without merit, both factually and legally."

The 377-page book, which originally had a late September release date, went on sale Thursday.

Fox objected especially to its cover, which displays the "fair and balanced" phrase in its subtitle and an unflattering photograph of the news channel's most popular host, Bill O'Reilly. It argued that the cover layout "is likely to cause confusion among consumers as to the origin and sponsorship of the book."

...Floyd Abrams, representing Franken, said that under the First Amendment, "a book is allowed to criticize a holder of a trademark and mock a trademark as well."

Abrams said the big word "lies" over the photo was a signal that the cover was "obviously tongue-in-cheek."

"There is no way a person not completely dense would be confused by this cover to think that Fox is accusing Bill O'Reilly of being a liar," he said. "There is nothing confusing about this."

As for the trademarked phrase itself, Chin said that it was "unlikely a valid trademark. ... The mark is a weak one as trademarks go."




Edited at 2009-06-29 04:40 am (UTC)
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[info]inkwolf_at_last wrote:
Jun. 29th, 2009 01:11 am (UTC)
Aww...they should call it the Eat A Lawyer Save A Wizard Show. Theat Going Back video was great--I hope the the musical will be available again soon.

Thanks for posting the videos!
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 04:44 am (UTC)

That Darren Criss can really sing! They ought to be hiring him to entertain at their theme park instead of suing him.

I have a feeling that's what this is a bout - some musical they have planned for the HP theme park in Florida that probably won't be half as good as this.
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[info]featherxquill wrote:
Jun. 29th, 2009 02:05 am (UTC)

Yeah, um. WTF. I'm not seeing the difference between HP the Musical and the Potter Puppet Pals, or Wizard Rock.

The only possible explanation is that they might be wanting to make one an official one one day (I think I read that somewhere ages ago, though I could be wrong) or they just think that calling it 'Harry Potter the Musical' might make people think it's official.

Either way, WTF, JKR and her Lawyers of Doom.

I wish I'd watched the Musical before it got taken down. I'd been planning on it, and now... crap.

Maybe they can call it 'The Boy Who Sang'? *has no idea*
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 04:29 am (UTC)

You should send them that suggestion! :)

Good point about Potter Puppet Pals, which is also a musical parody but has even won the YouTube award but to my knowledge has never been sued.

On Leaky Cauldron the other day, they mentioned receiving a DVD of the songs. That may have sent up a warning flare to the attorneys.
Leaky News Story
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[info]aredwitch wrote:
Jun. 29th, 2009 12:18 pm (UTC)
LOL I don't know where you find this stuff, Rattlesnakeroot! Those poor guys! The fact that they were warned means one thing - whoever owns copyright to spin offs is considering a musical version at some point down the road and does not want any confusion. Did anyone like LotR The Musical? Gak!! I hope they don't do it cause you can't take seven books and whittle the story down to about 2 hours in a musical form. Can you imagine someone seriously trying to turn the Battle of Hogwarts into a dance routine!?
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 12:45 pm (UTC)

"Seriously" is the right word - these guys were not being serious at all. I think that is what makes certain authors angry. But I've been saying for a year now that parody is the realm of the totally pissed off, so when these guys revise their musical it will probably be much more scathing and less reverent than it would have been before they were threatened.

I just love the fact that they bleeped out the canon words. *LOL* How many times have we discussed that very thing here on this journal?
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[info]lunas_ceiling wrote:
Jun. 29th, 2009 07:43 pm (UTC)
I think I might vomit, I saw a clip of this on facebook last week and didn't even think anything of it. I should have known better. Ileen has a point though if someone had planned a musical (never underestimate the capacity to milk the gravy train) that could be the issue. Still, totally disgusting.
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 09:05 pm (UTC)
There's a reason those guys have those High School Musical posters behind them - because that's what this is like. It's like Andy Rooney and Judy Garland having a show in the barn.

When a high school does a musical they have to pay a very minimal sum to the writer of the musical score - couple hundred dollars? And even then the writer can't interfere with the casting, props, and costumes. That's the creative part of theater. If someone wanted to turn a well-known play into a parody, they could do it and it would be perfectly legal because comedy is legal (see the quote from the Al Franken case up above).

Why can WB just make a policy about this so kids can be creative without getting lawyers involved? It borders on harrassment, if you ask me.

Edited at 2009-06-29 09:06 pm (UTC)
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[info]lunas_ceiling wrote:
Jun. 29th, 2009 11:26 pm (UTC)
Our middle school and high school pay the full broadway fees which usually run about $2000. The MS chorus teacher (a total whack job BTW) claims there is a copyright attorney in the area who always checks. After all this it would not surprise me, but she is such a nut I think she exaggerates this. Still, they are running a show exactly as written so they should pay according to the law.

You hit the nail on the head about Andy and Judy having a show in the barn. This is also very clearly a parodied version of the books, I watched several clips on facebook. I think the Harry actor has a very nice voice. I agree with your wish below that they get some notice and maybe a role in a professional production.
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[info]rattlesnakeroot wrote:
Jun. 30th, 2009 04:24 pm (UTC)
I figured I was off on my estimation of the fees they pay. I guess I was thinking back to my own high school days, or maybe it just depends on how famous the play is.

But still, I think everyone would be happier if WB would just charge some small fee for anyone doing an amateur play, musical, puppet show, HP conference, or bookstore party. Online fandom could still be free as long as nothing is sold. Then they wouldn't have to threaten anyone, and it wouldn't be the author against her own fans.

Simple.

Edited at 2009-06-30 04:25 pm (UTC)
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[info]saiphgrl wrote:
Jun. 29th, 2009 04:23 pm (UTC)
One of my wizard rocker friends goes to school with these guys, so I've known about the performances for awhile. The creator actually emailed me the other day to ask about the unofficial agreement that wizard rockers have with WB and to ask for some advice.
It seems to CLEARLY fall under fair use. The only difference I can think of between this and wizard rock is the fact that rather than just music, this is video of a dramatic performance. Perhaps WB thinks that will confuse people? Regardless, I think it's nonsense, and I'm sorry that they're having issues.
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 05:26 pm (UTC)

Thanks for letting us know - I knew you might have the inside scoop.

They just seem like such nice guys! Just like the Wizard Rockers - they are obviously fans who were inspired by the books. And it's clearly just for fun or parody and not to replace the books or some future musical.

I guess they are going to try to draft some sort of contract and see if WB will accept it?
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[info]saiphgrl wrote:
Jun. 29th, 2009 05:35 pm (UTC)
That seemed to be the plan. I really hope it works out for them! They obviously put a lot of work into it, and they're getting nothing but some attention. What's the harm in that?
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 05:52 pm (UTC)

That guy Darren Criss has a really good voice - maybe someone from Broadway will see these videos. :) I like a happy ending.
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[info]teaqueenie wrote:
Jun. 29th, 2009 08:39 pm (UTC)
saiphgirl, I think you're on to something. My guess is they're trying to protect the title and the trademark more than anything else. If I remember from the Lexicon discussions, failing to vigorously protect is almost like giving consent. I'm guessing someone, someday might want to option the musical rights. Sir Andrew...Sondheim...Elton?

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[info]teaqueenie wrote:
Jun. 29th, 2009 08:52 pm (UTC)
knock knock.
who's there?
You know.
You know who?
That's right...Avada Kedavra!

I don't know if you've seen the Harry Potter anti-Wal Mart videos. They're at youtube under Waldemart. They pretty funny, even though I love Wal Mart.
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[info]lunas_ceiling wrote:
Jun. 29th, 2009 11:29 pm (UTC)
Re: knock knock.
LOL, I haven't seen them teaqueenie. I will have to see if I can hunt one down. These are not professional productions, right? I can't imagine WB getting behind a campaign against Wal Mart. I am sure they sell tons of DVD's there.
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[info]rattlesnakeroot wrote:
Jun. 29th, 2009 08:58 pm (UTC)
Pigfarts The Musical

Here's a nice video response to the call for a new title:



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[info]bluestockingbb wrote:
Jun. 30th, 2009 02:42 am (UTC)
It never ceases to amaze me that WB/JkR used fans to promote their product but now it's all bad.
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[info]rattlesnakeroot wrote:
Jun. 30th, 2009 04:29 pm (UTC)

It's really biting the hand that buys the movie tickets and dvds.
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[info]mary_j_59 wrote:
Jun. 30th, 2009 02:59 am (UTC)
As a wizard rocker, I see absolutely no difference between what these guys do and what my sister and I do. Yes, they are on youtube, but so are many wizard rockers - not to speak of the Potter puppet pals! Are they going to get sued next?!

This is absolutely ridiculous. I am personally starting to think that all serious fans of Potterdom ( disenchanted or still enchanted - it doesn't matter) should boycott the movies until Warner comes to its senses. It would be absolutely legal and might even work, if we were all clear on why we were doing it.

Anyway, I'm glad the guys haven't given up. Good for them!
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[info]rattlesnakeroot wrote:
Jun. 30th, 2009 04:28 pm (UTC)

I think if WB can work it out with the Wizard Rockers, then they can work it out with these guys. It's all an homage to how much they love HP anyway!

Other authors would love to have such devoted fans.
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[info]rattlesnakeroot wrote:
Jun. 30th, 2009 06:26 pm (UTC)
The Completely Original Non-Copyrighted Musical


Haha - I like these suggestions:

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[info]rattlesnakeroot wrote:
Jun. 30th, 2009 06:27 pm (UTC)
Professor Snape Reacts:


Edited at 2009-06-30 06:28 pm (UTC)
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( 26 comments — Leave a comment )

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