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Spinal Tap, Copyright

There’s a cute little story in the NYTimes, “Lego Rejects a Bit Part in a Spinal Tap DVD.” I read it as I was listening to a podcast on Shepard Fairey vs The Associated Press [link to http://ipcolloquium.com/mobile/2009/07/ap/ no longer works] that Dan Solove pointed out [link to http://www.concurringopinions.com/archives/2009/08/great-podcast-on-shepard-fairey-v-the-associated-press.html no longer works]. In that podcast, Dale Cendali (the attorney representing the AP) asserts that licensing is easy, but she fails to consider transaction costs or denials as a possible downside. Of course, if we didn’t commercially license out Emergent Chaos, none of us would write here. Or something.

lego-spinal-tap.jpg

This photo (fairly used) gives the lie to that argument. Lego prevented it from being used in the movie:

“We love that our fans are so passionate and so creative with our products,” said Julie Stern, a spokeswoman for Lego Systems, the United States division of the Lego Group, a Danish company founded in the 1930s. “But it had some inappropriate language, and the tone wasn’t appropriate for our target audience of kids 6 to 12.”

In the most appropriate language I can use: that’s some fucked up over-reaching, and the system that lets Lego prevent such a use with threats of expensive litigation is messed up.

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