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Hergé’s instruction not to continue Tintin

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Whistler
Member
#11 · Posted: 6 Aug 2009 15:50
jock123:
I’m not sure what you are getting at here: thousands of cars are stolen every day, but I don’t see that as a reason to abandon notions of ownership and personal property.

I don't mean that we should disregard Mr. Herge's instructions. This was just a thought that I wrote down.
Rianna Lauren
Member
#12 · Posted: 25 Jun 2010 07:56
I don't know what to say - or do. As a fan, I highly respect Hergé and therefore I respect his wishes to not continue the Tintin adventures, and Moulinsart is getting REALLY strict on that (and I understand that what they do is legal). But doing fanworks is a form of appreciation, right? It's a form of tribute. And loyal fans would never in a million years claim Tintin as theirs and we can generally differ between canon Tintin and non-canon ones. It won't the same Tintin, it'll be fan-made Tintin, and it's not canon and we won't claim so.

I'm sorry if this is redundant, but really, is there nothing we can do? Is this really "betraying" Hergé's wishes even if it's not canon?
GSC
Member
#13 · Posted: 31 Dec 2011 20:49
Woudn't that mean Yves Rodier went againsed Herge's wishes?
ral365
Member
#14 · Posted: 31 Dec 2011 22:22 · Edited by: Moderator
I see nothing wrong with fanfictions and artwork and whatnot. Nothing a fan produces from Tintin is official; it's just a creative idea a fan of Tintin's had. I think what Herge meant was that he didn't want big producers to get the rights to his franchise and keep making more comics, TV shows (as if so many classic franchises weren't ruined enough already in modern times. -_- ) Spielberg and Jackson did justice to the new film, but I don't see how this should prevent us from any possible ideas for Tintin.

He's never revealed information on Tintin's past, for example, so I love it when I see fans create so many plausible situations about it. :)

Rianna Lauren:
Moulinsart is getting REALLY strict on that (and I understand that what they do is legal)

Obviously they've kept their heads in the sand about the Viacom vs YouTube lawsuit. Thank God for "Freedom of Speech!"
Harry Hayfield
Member
#15 · Posted: 31 Dec 2011 22:30
Could I ask therefore if anyone would quibble about a Tintin story written "in tribute to" the orginal stories?
ral365
Member
#16 · Posted: 31 Dec 2011 22:36
Harry Hayfield:
Could I ask therefore if anyone would quibble about a Tintin story written "in tribute to" the orginal stories?

I think that's the point of virtually ALL fan art and fictions about Tintin; honoring Herge's original work, giving HIM credit for his own characters, and still expressing their own creative freedom within those boundaries. Americans do this sort of thing with EVERY movie, comic series, TV show, etc., and virtually NO ONE has done it to claim famous character's as their own (even picky corporations like Viacom have legally lost in that fight).
marsbar
Moderator
#17 · Posted: 1 Jan 2012 00:30
ral365:
I see nothing wrong with fanfictions and artwork and whatnot. Nothing a fan produces from Tintin is OFFICIAL; it's just a creative IDEA a fan of Tintin's had. I think what Herge meant was that he didn't want big producers to get the rights to his franchise and keep making more comics, TV shows (as if so many classic franchises weren't ruined enough already in modern times ...

That is your interpretation; the reality of the situation may be different.

ral365:
-_- Obviously they've kept their heads in the sand about the Viacom vs YouTube lawsuit. Thank God for "Freedom of Speech!"

The ruling is not an endorsement of the practice of distributing pirated content online, for YouTube is still legally obligated to remove pirated videos promptly when requested by rights holders.

A reminder to everyone: to avoid repeating the same discussion in a number of separate threads over and over, please search before posting, and refrain from posting unless you have something new and relevant to add. Let's keep the forums tidy and all discussions tight.

Related threads:
Creating Tintin fan works

“The Case of the Hidden Camera”: Recent Moulinsart legal actions

Pastiches allowed by Moulinsart?

Criteria Moulinsart uses to sanction Tintin related works

Why do Moulinsart hoard Tintin stuff like gold?

Will Moulinsart ever allow people to create Tintin fan works?

Creating Tintin fan works

Why ban Tintin fan fiction?

Was Herge against fan art?
ral365
Member
#18 · Posted: 1 Jan 2012 00:45
I'm aware that YT does crack down pirated material, but fan clips, mostly uploaded by 12 to 16 year olds, are NOT considered copyright infringement. Warner Music Group resolved a similar issue when they'd ban even 30 seconds of ANY of their music.

I'm sorry if I've come off as a bother about the whole fanfiction thing. I guess I'll just stick to sites that actually allow for fan art/fictions.
marsbar
Moderator
#19 · Posted: 1 Jan 2012 04:11 · Edited by: marsbar
ral365:
I'm aware that YT does crack down pirated material, but fan clips, mostly uploaded by 12 to 16 year olds, are NOT considered copyright infringement.

Truly? Perhaps you are talking about parodies? According to YouTube's copyright tips page, I quote:
"Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner."

ral365:
Warner Music Group resolved a similar issue when they'd ban even 30 seconds of ANY of their music.

Warner Music aren't Moulinsart, however. Some copyright holders support fan works, others do not: Moulinsart's Charter** makes clear that no unauthorised derivative works based on Herge's creations are permitted.

ral365:
I'm sorry if I've come off as a bother about the whole fanfiction thing.

No, not at all. :-)

While Moulinsart cannot stop people from creating Tintin fan works, they can--if they choose to--and are entitled to challenge any distribution of unauthorised material.

--
Update:
** = English-language version charter no longer exists; the French version can be found at http://www.tintin.com/home/legal/droits.html
(05 Jan 2015)
Harry Hayfield
Member
#20 · Posted: 1 Jan 2012 09:37
And did Mr. Spielberg read all that before launching on his movies (or does the millions of dollars he spent countermand all those rules)? The reason I ask is that I can see several points where those rules have been breached with the movie.

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