Pooh heirs hire Johnny Cochran in suit against Disney

Las Vegas Sun ^ | 12/2/2003 | Associated Press

[JennysCool]

LOS ANGELES (AP) - The holders of the North American rights to the Winnie the Pooh characters have hired celebrity attorney Johnny Cochran to represent them in their 12-year legal fight with The Walt Disney Co.

The heirs of Stephen Slesinger have alleged that Disney owes them millions of dollars because they miscalculated royalties due from the sales of Pooh dolls, books and other merchandise for years.

Disney has denied the allegations.

The Slesinger's hiring of Cochran is the second major change in lawyers the family has made this year.

Cochran will face Daniel Petrocelli, who represents Disney in the case.

[JennysCool]

Have at it, kids.

[gundog]

I had no idea that Winnie the Pooh was African-American. Live and learn.

[chachacha]

Well! Obviously since Mickey Mouse is black and Bugs Bunny is white this is a race issue and, best argued in court by OJ Simpsons x-lawyer who deals an unbelievable race card.

[Richard Kimball]

Surprisingly, Pooh characters generated more revenue than any other fictional character last year, including Harry Potter. Of course, if it were not for Disney's marketing and makeover of the original characters, they'd generate nearly as many sales as the Wind in the Willows characters.

[Maceman]

Gee. Cochran vs. Disney.

Too bad there isn't a way they can both lose.

[doodad]

If you steal the Pooh, I'se got to sue.

[haywoodwebb]

If the hunny pot fit, you must aquit!

[stainlessbanner]

The Chewbacca Defense! < gasp >

[RckyRaCoCo]

"honestly Mr. Cochran, the charactors name is Tigger"

[kidd]

The case will be held in a Kanga and Roo court

[MinuteGal]

LOL!

Leni

[mhking]

Just damn.

If you want on the new list, FReepmail me. This IS a high-volume PING list...

[KentTrappedInLiberalSeattle]

"Tut, tut, it looks like court..." :)

[RightOnline]

You owe me a new monitor and keyboard, I'll have you know.....................:)

[AnAmericanMother]

Isn't it funny
How lawyers like money?
Sue, sue, sue
I wonder why they do?

Ecce Eduardus Ursus scalis nunc tump-tump-tump occipite gradus pulsante post Christophorum Robinum descendens.

[Onelifetogive]

The holders of the North American rights to the Winnie the Pooh characters have hired celebrity attorney Johnny Cochran to represent them in their 12-year legal fight with The Walt Disney Co.

Originally, I thought the family had a good case...I guess I was wrong...

[zeugma]

Disney is Evil Incarnate.

Allow me to illustrate briefly:

Disney believes copyrights should be eternal. This is normally not a strange stance for a corporation to take. The directors and CEO of corporations (American ones anyway) are charged with maximizing 'shareholder value'. Corporations are immortal. It is in their best interests (but not the public's best interest) for copyright to last forever. So, this being the case, every 10 or 20 years or so, Disney buys enough congresscritters to have the standard copyright term extended for another 20 or so years. (See legislative history of same).

The case at issue here is Pooh Bear and Company. Disney was given certain rights to the Pooh and Co. characters some time back by heirs to the Pooh estate. Since it is the duty of directors to maximize shareholder value, they push this grant of rights to the maximum that they can. The folks who actually hold the copyright are distressed at the lenghts Disney has gone and this results in the article referenced above.

Let us take another case. In 1967 or so, Disney made a cartoon called "The Jungle Book". The year it was produced was important for this reason: The author, Rudyard Kipling, had been dead for some time, and 1967 was the year that his copyright expired. Interesting no? Now, let us assume for a moment that copyright law in 193? (whatever year Mr. Kipling expired was), was the same as it is today. When could Disney have released Jungle Book? The cartoon would not have been able to be released until 2006 without the consent of his heirs!

This would have been a bad thing for the public because They would have been deprived of the opportunity to enjoy Disney's adaptation of Jungle Book in the intervening years. Note: I think Disney's adaptation was a gross bastardization of the original story. However, even this really bad adaptation was a proper use of the Public Domain.

The Public Domain is something rarely mentioned by Hollywood types, and their media allies. As such it is poorly understood. When a work enters the Public Domain, nothing is being stolen from the authors. Rather, and artificial restriction of the use of the ideas and concepts that was created by government grant is removed when copyright expires and a work enters the Public Domain. This is a good thing, as it expands the universe of ideas we, the public may employ and use without restrictions.

This gets us to the essential question at the heart of any discussion over copyrights. Was it wrong of Disney to make extensive use of the stories of the Brothers Grimm for so many years as a basis of their cartoons? If so, then we should pay royalties to the descendants of Shakespeare whenever one of his plays is performed or printed. Would it be just for the descendants of The Bard to reap rewards for his labor in perpetuity for work they did not, in fact, perform?

I think not. From a personal perspective the law has already extended itself beyond the realm of ridiculousness. I no longer respect the copyright of any work that is more than 30 years old. 28 years was the maximum term of the original copyright in our Republic. If it was good enough for Jefferson, it is good enough for me.

[ConservativeMan55]

Ladies and gentlemen of this supposed jury, you must now decide whether or not to reverse the decision for my client, Chef.

[next to a display stand]

I know he seeems guilty, but ladies and gentlemen, this… is Chewbacca.

Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider:

(pulling down a diagram)

This is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense!

Why would a Wookiee—an eight foot tall Wookiee—want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

But more importantly, you have to ask yourself:

What does that have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

Look at me, I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation—does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

If Chewbacca lives on Endor, you must acquit! The defense rests.


[pulls down a picture of him]

Now think about that for one minute:

That does NOT MAKE SENSE! Why am I talkin' about Chewbacca when a man's life is on the line?

[Chef looks at the picture]

Why? I tell you why. I don't know.

It doesn't make sense. If Chewbacca does not make sense, you must acquit!

[produces a monkey]

Here, look at the monkey. Look at the silly monkey.

[a juror chokes, then his head explodes]

[Loyalist]

If they got the hunny, gimme the munny!

[Constitution Day]

As my daughter's talking Pooh has been saying [repeatedly] for some time:

"This busy bee's got a hive full of honey... and I've got a tumbly full of rumbly!"

"I hope that this busy bee will be in a sharing sort of mood!"

[LisaMalia]

PLEASE, tell me Court TV will televise this one!!! Imagine the laughs!!!

[PBRSTREETGANG]

Winnie the Pooh murdered his ex-wife?

[LisaMalia]

Cochran: If Pooh's butt don't fit, you must acquit!

[evilC]

I have never understood why copyrights get these ridiculous extensions, but patents (arguably the creation of something more useful) still receive only about 20 years of protection.

I think a term of aproximately 20 years would be better for both, instead of the current almost perpetual copyrights.

Even the term "intellectual property" is a misnomer. Patents and copyrights are really just (or are meant to be) temporary monopoly rights.

[xJones]

South Park fans alert: will Hanky the Christmas Poo be next?

But seriously, I thought Cochran was a defense lawyer. Has a crime been committed by the Pooh heirs? Or did the Pooh hit the fans? If the Pooh fits, does Cochran have to wear it? So many questions....

[pbear8]

OH BOTHER !

[ladyinred]

Cochran will face Daniel Petrocelli, who represents Disney in the case.

Talk about your interesting coupling!

[Lurking Libertarian]

The Pooh heirs have changed lawyers several times lately. Bert Fields was their lawyer, but quit, and got the court to seal the hearing at which he explained why he was quitting. They may have real problems in their case.

[Capitalist Eric]

I had no idea that Winnie the Pooh was African-American.

Winni da' Pooh?

[gundog]

Winni da' Pooh?

Or Pooh-diddy.