MumNyan Cat, PumpkNyan Cat and ZombNyan Cat, new Nyan Cat characters on www.nyan.cat to celebrate Halloween , yay!HAPPY NYANOWEEN
Important Edit: By the way, the original Blog that reported on this lawsuit has many errors in it. ”Nyan Cat” was a valid copyright as of April 2011, and Scribblenauts unlimited wasn’t released until late last year (2012).When I first heard of Nyan Cat being used commercially in Scribblenauts Unlimited it was in the debut trailer for the game:Previous Scribblenaut games have featured Keyboard Cat too. Even 5th Cell Producer admits using our creations:http://www.vgblogger.com/vgb-feature-scribblenauts-unlimited-qa-with-5th-cell-producer-brittany-aubert/18683/We reached out to the companies in hopes of working out an amicable resolution of the issue, yet were disrespected and snubbed each time as nothing more than nuisances for asking for fair compensation for our intellectual property. That’s not right. I have no issues with Nyan Cat being enjoyed by millions of fans as a meme, and I have never tried to prevent people from making creative uses of it that contribute artistically and are not for profit. But this is a commercial use, and these companies themselves are protectors of their own intellectual property. Many other companies have licensed Nyan Cat properly to use commercially. In Scribblenaut Unlimited, you have to actually type out the words “Nyan Cat” and “Keyboard Cat” to get our characters to appear in the game. In fact, the game forbids you from making any copyright references in their games with a pop-up error. Meanwhile, 5th Cell recently negotiated proper rights for several Nintendo characters for their games. Just because popularity with millions of fans has caused Nyan Cat and Keyboard Cat to become famous by virtue of their viral or meme nature, doesn’t give these companies a right to take our work for free in order to make profits for themselves, especially considering too that they would be the first to file lawsuits against people who misappropriate their copyrights and trademarks. It just isnt fair. I’ve been working alongside with the creator of the music and the lady who uploaded it to YouTube since the start. There are many reputable companies that have respected our rights and negotiated fees to use our characters commercially. Warner Bros. and 5th Cell should have done the same.Since Warner Bros. and 5th Cell chose to act as if we had no rights in characters we created, filing a lawsuit was the only way we had to protect our intellectual property rights from being used for others’ commercial profit without our consent. Too often normal artists like us don’t have the means and resources to protect our rights against big media corporations who use our work for their own profit without permission. We are looking here just to be treated fairly and to be fairly compensated for our creative work.
Food is the New Rock Episode #36 is now out w/
Nataly Dawn from Pomplamoose
We talk corn dogs, cheap Chinese food, and the crime against humanity that is chocolate chip bagels. She also tell us about her and Jack’s house in Sonoma, the worst food item a venue has ever put in her dressing room, and how eating foie gras for the first time at French Laundry completely changed her life. Nataly’s first solo record “How I Knew Her” is out now, and she’s about to go on tour. Get details here.
This was a ridiculously fun interview. Damn I love talking about food. It really brings out my unapologetically indulgent side.
Stellar submission tunelaw!
KIA KAMRAN is an attorney admitted to the practice of law in the state of California, USA. He currently focuses his practice on transactional matters in the music business, video game, and internet and new media, as well as in trademarks, copyrights, corporate matters, business transactions, film, and television.
Prior to becoming a lawyer, Mr. Kamran developed a strong and diverse background in music and entertainment. While attending California State University Northridge (CSUN), where he earned his bachelor’s degree in Business Administration / Marketing, Mr. Kamran acted for two years as the Student Government’s Director of Noontime Productions, where he booked and promoted free weekly noontime live concerts and major nighttime hard-ticket concerts for the students. During this time, he also worked as an intern at Virgin Records America, then at Nederlander Concerts, while also working for his father’s high-end furniture import business at all times. Because of his accomplishments at CSUN, Mr. Kamran was twice awarded the coveted Robert Hilburn Excellence in Programming Award by the University administration.
Upon graduation from CSUN in 1991, he was hired as a junior booking agent at Variety Artists International., Inc., where he worked alongside seasoned music agents in the booking and directing the careers of the company’s diverse roster of nationally and internationally renowned touring acts.
In 1993, Mr. Kamran entered the traditional day program at Southwestern University School of Law in Los Angeles, the first and only American law school offering a Master of Laws (LL.M.) degree in Entertainment and Media Law. At Southwestern, Mr. Kamran focused his studies on intellectual-property and entertainment law, with a specific emphasis on Southwestern’s strong music law curriculum.
During law school, Mr. Kamran also worked as an intern in the prestigious music law firm of Codikow & Carroll (now called Carroll, Guido & Groffman, LLP), and then in the legal department of Warner/Chappell Music , where he perfected his knowledge of music publishing and music publishing related agreements.
Mr. Kamran obtained his Juris Doctor Degree in 1996, and graduated law school with honors, in the top 10% of his graduating class, and was admitted to the California bar later that same year.
Kia Kamran is currently in solo law practice, representing a variety of music and entertainment related clients, some of whom are spotlighted in the Client Spotlight section of this site. His clients include bands, artists, independent record labels, record producers, music publishers, song pluggers, music composers, music supervisors, personal managers, talent agents, makeup artists, models, dancers, touring companies, concert producers, independent radio promotion companies, promotion and branding companies, marketing companies, entertainment and media entrepreneurs, entertainment executives, internet companies, telecommunications companies, clothing and apparel companies, surfboard designers, television productions companies, photographers, graphic artists, and a slew of other persons and entities.
Mr. Kamran also serves as an executive board member of the prestigious Beverly Hills Bar Association's Entertainment Law Section, which proudly boasts the largest entertainment lawyer membership in the country.
Mr. Kamran’s article “California’s ‘Seven Year Rule’ Affects Bargaining Power, Little Else,” appeared in the 1998-99 Entertainment, Publishing, and the Arts Handbook, excerpts of which and conclusions drawn from this article were quoted during the recent hearings in the California State Capitol on the Seven Year law.
Mr. Kamran regularly speaks on entertainment law-related subjects to various audiences, ranging from so-called “nuts and bolts” teaching engagements to participation cutting edge new-technology related panels in keeping up with recent trends affecting the field of entertainment law.
Mr. Kamran enjoys attending live music events, spending time with his family and friends, skiing, scuba diving, fishing, surfing, and his all time favorite artists are Bob Marley and The Clash. He is also quite fond of the music of Tool, the work of the mighty artist and genius producer Dr. Dre, and the band Alice in Chains.