{"id":625096,"date":"2023-04-03T09:49:01","date_gmt":"2023-04-03T14:49:01","guid":{"rendered":"https:\/\/news.sellorbuyhomefast.com\/index.php\/2023\/04\/03\/winnie-the-pooh-blood-and-honey-turned-a-childrens-icon-into-a-murderer-good\/"},"modified":"2023-04-03T09:49:01","modified_gmt":"2023-04-03T14:49:01","slug":"winnie-the-pooh-blood-and-honey-turned-a-childrens-icon-into-a-murderer-good","status":"publish","type":"post","link":"https:\/\/newsycanuse.com\/index.php\/2023\/04\/03\/winnie-the-pooh-blood-and-honey-turned-a-childrens-icon-into-a-murderer-good\/","title":{"rendered":"\u2018Winnie the Pooh: Blood and Honey\u2019 Turned a Children\u2019s Icon Into a Murderer. Good"},"content":{"rendered":"<div data-testid=\"ArticlePageChunks\">\n<div data-journey-hook=\"client-content\" data-testid=\"BodyWrapper\">\n<p><span>When the trailer<\/span> for\u00a0<em>Winnie the Pooh: Blood and Honey<\/em> hit the internet last year, it produced a mild viral hysteria. The angriest Pooh fans accused director Rhys Frake-Waterfield of invading their childhood psyches, the creative equivalent of napalming 100 Aker Wood. When the film was released in theaters, critics mauled it, agreeing \u201c<a data-offer-url=\"https:\/\/www.starburstmagazine.com\/reviews\/winnie-the-pooh-blood-and-honey\/\" href=\"https:\/\/www.starburstmagazine.com\/reviews\/winnie-the-pooh-blood-and-honey\/\" rel=\"nofollow noopener\" target=\"_blank\">this Pooh stinks<\/a>.\u201d Others\u201450 percent of the audience on\u00a0<a href=\"https:\/\/www.wired.com\/story\/behind-the-scenes-rotten-tomatoes\/\">Rotten Tomatoes<\/a> and a profitable proportion of\u00a0<a href=\"https:\/\/www.hollywoodreporter.com\/movies\/movie-news\/winnie-the-pooh-blood-honey-mexico-box-office-1235318616\/\">Mexico<\/a>\u2014appreciated its gruesome absurdity.\u00a0<\/p>\n<p>Beneath the opprobrium lies an interesting legal question: How was a filmmaker whose previous movies included\u00a0<em>Croc!<\/em>,\u00a0<em>Dinosaur Hotel<\/em>, and\u00a0<em>Easter Bunny Massacre: The Bloody Trail<\/em> able to twist one of Britain\u2019s most beloved bears\u2014a character associated with Disney for decades\u2014into a honey-dribbling serial killer? The simple answer, of course, is that some of the bear\u2019s copyright protection had expired. But the deeper, subtler point is that\u00a0<a href=\"https:\/\/www.youtube.com\/watch?v=ZjWq7fhQMBs&#038;t=2s&#038;ab_channel=MrBalls\">Pooh flogging Christopher Robin<\/a> with Eeyore\u2019s severed tail is good for the health of creativity in America.\u00a0<\/p>\n<p>English author A. A. Milne published the first Pooh book,\u00a0<em>Winnie-the-Pooh<\/em>, in 1926. Its forest of cutesy critters was intended, famously, to entertain Milne\u2019s son, Christopher Robin. Disney first began licensing Pooh in 1961, dropping the original hyphens and introducing new characters, like Gopher, who first appeared in\u00a0<em>Winnie the Pooh and the Honey Tree.<\/em> In 2001, the company\u00a0<a href=\"https:\/\/www.nytimes.com\/2001\/03\/05\/business\/mediatalk-disney-buys-the-rights-to-winnie-the-pooh.html\">paid $350 million<\/a> for the rights to Pooh. But that first book\u2014which contains 10 stories, including classics in which Eeyore loses his tail and Pooh has an unfortunate bee encounter\u2014entered the US public domain in January 2022, making way for\u00a0<em>Blood and Honey<\/em>.\u00a0<\/p>\n<p>Frake-Waterfield explains that making his\u00a0<em>Pooh<\/em> was a two-stage process. First, he could work only from the 1926 book,\u00a0not any of Milne\u2019s three later works (which will trickle into the public domain in the coming years), and certainly not from anything Disney added in its adaptations. So he cleared his mind of Pooh-related childhood memories. He couldn\u2019t use Gopher\u2014or Tigger\u2014and he certainly couldn\u2019t trap victims with a <a href=\"https:\/\/www.smithsonianmag.com\/smart-news\/you-could-own-the-landmark-that-inspired-winnie-the-poohs-poohsticks-bridge-180978828\/\">game of Poohsticks<\/a>. Also, the bear had to be naked: It was Disney that decked him out in his delightful red crop top.\u00a0<\/p>\n<p>On top of all that, Frake-Waterfield had to be careful not to confuse the public. A Chucky-sized \u201clittle menace\u201d of a Winnie that \u201cruns around stabbing people,\u201d in Frake-Waterfield\u2019s words, runs the risk of eliding with Disney\u2019s version. So his Pooh is Michael Myers-sized. To be extra careful, he Googled every detail in his story to ensure he hadn&#8217;t committed subconscious plagiarism.\u00a0<em>Blood and Honey<\/em>\u00a0hit theaters in February, and to date he\u2019s heard nothing from Disney about his film.\u00a0<\/p>\n<figure data-testid=\"IframeEmbed\">\n<div data-testid=\"IframeEmbedContainer\">\n<p><iframe height=\"113\" width=\"200\" sandbox=\"allow-scripts allow-popups allow-same-origin\" title=\"Embedded Frame\" data-src=\"https:\/\/www.youtube-nocookie.com\/embed\/W3E74j_xFtg\" allow=\"autoplay *; encrypted-media *; clipboard-write; autoplay; fullscreen; picture-in-picture\"><\/iframe><\/p>\n<\/div>\n<\/figure>\n<\/div>\n<div data-journey-hook=\"client-content\" data-testid=\"BodyWrapper\">\n<p><span>A prevailing misconception<\/span> about US copyright law\u00a0is that it exists for artists\u00a0to get paid. But, as Donald Harris, associate dean at Temple University\u2019s Beasley School of Law, explains, this was not the framers\u2019 intention when\u00a0<a data-offer-url=\"https:\/\/news.bloomberglaw.com\/us-law-week\/pooh-had-his-run-copyright-terms-dont-need-to-keep-extending\" href=\"https:\/\/news.bloomberglaw.com\/us-law-week\/pooh-had-his-run-copyright-terms-dont-need-to-keep-extending\" rel=\"nofollow noopener\" target=\"_blank\">they protected<\/a> \u201cwritings\u201d (artistic works) for \u201climited times.\u201d Rather (in contrast to the more protective conception of natural rights in Europe) copyright protection seeks to benefit\u00a0<em>the public<\/em>. Specifically, it aims to ensure they get access to a wide variety of creative work. Congress could have implemented the Constitution\u2019s copyright protections in any number of ways\u2014tax breaks for people who publish new work, for instance\u2014but they ultimately chose protection. Allow artists to license their works for a set amount of time, and then release those works into the public domain for people to use as they see fit.<\/p>\n<p>In the years since, Congress has\u00a0<a href=\"https:\/\/www.wired.com\/story\/congress-latest-move-to-extend-copyright-protection-is-misguided\/\">extended the terms of copyright protection<\/a> many times. In 1790, the term was 14 years; since 1998, it\u2019s been the author\u2019s life plus 70 years. These extensions derive, broadly, from three changes, explains Harris: increasing lifespans, the US keeping in line with the rest of the world\u2019s copyright protections\u2014the country adopted the\u00a0<a data-offer-url=\"https:\/\/www.wipo.int\/treaties\/en\/ip\/berne\/\" href=\"https:\/\/www.wipo.int\/treaties\/en\/ip\/berne\/\" rel=\"nofollow noopener\" target=\"_blank\">Berne Convention\u2019s guidelines<\/a> in 1989\u2014and technological changes. In the 1790s, copying a book required a duplicating machine; things are different now. Each time the copying and distribution of art shifts\u2014from video tape recorders to\u00a0<a href=\"https:\/\/www.wired.com\/about\/generative-ai-policy\/\">generative AI<\/a>\u2014copyright likely needs to be reconsidered.\u00a0<\/p>\n<p>\u201cThe real trick is trying to figure out where that balance is, where we provide just the right amount of incentives for people to create,\u201d Harris says. \u201cIf it\u2019s too much, then we\u2019re rewarding copyright owners; if it\u2019s not enough, then we\u2019re not going to be able to get enough works created that then fall into the public domain.\u201d<\/p>\n<p>Disney has had a hand in these extensions. The company\u00a0<a href=\"https:\/\/www.hollywoodreporter.com\/business\/business-news\/disney-copyrights-targeted-in-bill-proposed-by-sen-josh-hawley-1235144054\/\">successfully lobbied<\/a> in favor of the Copyright Act of 1976 as\u00a0<em>Steamboat Willy<\/em>, the first Mickey Mouse cartoon, was about to enter the public domain. The current life-plus-70-years term comes from the Sonny Bono Copyright Term Extension Act, which the company also\u00a0<a href=\"https:\/\/www.nytimes.com\/2002\/02\/20\/business\/justices-to-review-copyright-extension.html\">backed<\/a>.\u00a0<\/p>\n<p><span>People tend to<\/span> forget how much culture rests on reinterpretations of iconic characters. Perhaps the best example is Bram Stoker\u2019s Dracula, who through films, novels, and games has cemented the vampire as a symbol through which readers and audiences understand themselves. But one of the greatest works he inspired was also a notorious violation of copyright: <em>Nosferatu<\/em>. After F. W. Murnau released the 1922 German Expressionist vampire film, Stoker\u2019s estate sued. The author published\u00a0<em>Dracula<\/em>\u00a0in 1897, and the law in Germany, where Murnau produced the movie, stipulated that novels be protected by copyright for 50 years. A German court\u00a0<a href=\"https:\/\/www.britannica.com\/story\/can-copyright-infringement-kill-a-vampire\">sided with the Stoker estate<\/a>, and, according to some accounts, ordered all prints of the film destroyed. But\u00a0<em>Nosferatu<\/em> had already made its way to the US, where the book was in the public domain. Copies of the film spread, and vampire lore flourished.<\/p>\n<\/div>\n<div data-journey-hook=\"client-content\" data-testid=\"BodyWrapper\">\n<p>The\u00a0<em>Steamboat Willie<\/em> version of Mickey Mouse is due to enter the public domain in 2024. Victoria Schwartz, professor of law at Pepperdine\u2019s Caruso School of Law, explains that the trademark Disney holds on the\u00a0<em>Steamboat<\/em> Mickey might give the company some coverage when copyright law no longer can. Copyrights expire, but trademark protections can last indefinitely, providing their holders keep their registration up-to-date.<\/p>\n<p>\u201cIf you watch any Disney movies recently (I have a toddler, so we watch a lot), you will notice that they open the film with a small clip from\u00a0<em>Steamboat Willie<\/em>,\u201d she writes over email. This keeps that version of Mickey connected to Disney in the public\u2019s mind. Still, this protection is more limited: People will still be able to use that first Mickey Mouse, as long as their interpretation cannot be construed to be Disney\u2019s. (See also: Frake-Waterfield and his Micheal Myers-sized Pooh.)<\/p>\n<p>Mickey, and Disney, aren\u2019t the only ones facing a ticking clock. Bugs Bunny, Batman, and Superman\u2014all currently held by Warner Bros.\u2014will pass into the public domain in the coming decades. But early Superman could only \u201cleap tall buildings in a single bound,\u201d not fly. A legal battle\u00a0<a href=\"https:\/\/www.businessinsider.com\/what-happens-when-bataman-superman-dc-characters-enter-public-domain-2022-8?r=US&#038;IR=T\">is likely forthcoming<\/a>. \u201cAspects of the Bugs Bunny, Batman, and Superman characters that were added later would remain protected, and if someone took those aspects I expect [Warner Bros.] would sue,\u201d says Schwartz.<\/p>\n<p><span>Eventually, though, these<\/span> works need to enter the public domain. If their original makers are no longer benefiting, it\u2019s in the public interest to let other creators use them.\u00a0\u201cIf you think about the original term, it was to provide incentives for authors. So the author could enjoy that protection for 14 years,\u201d says Harris. \u201cNow we\u2019re saying even after the entire lifespan of the author, we\u2019re going to give an additional 70 years.\u201d That has got to be long enough, he says.\u00a0<\/p>\n<p>Fifty years from now, scores of popular characters should all look very different, just as Pooh may for those who have seen\u00a0<em>Blood and Honey<\/em>. The inordinate length of modern copyright protection has ensured that no character created in this lifetime will pass into the public domain, but the stream of expiring copyrights at least lets artists iterate on the work of previous generations. \u201cIt becomes so much more of a rich world for budding filmmakers, and budding artists, to be able to leverage and use these very well-known IPs and characters to build up their career,\u201d says Frake-Waterfield.\u00a0<\/p>\n<p><em>Blood and Honey<\/em> cost less than $100,000 to make, but it brought in more than $4 million in its limited release. Additional cash, Frake-Waterfield hopes, will allow him to create higher-quality future installments\u2014flaunting bloodier VFX\u2014in his public domain cinematic universe. And he\u2019d like to work with characters still covered by copyright too. \u201cTeenage Mutant Ninja Turtles, they\u2019re these half-human, half-turtles who live in the sewer.\u201d he says. \u201cYou can easily twist that into horror.\u201d But first:\u00a0<em>Bambi: The Reckoning<\/em>.\u00a0<\/p>\n<\/div>\n<\/div>\n<p><a href=\"https:\/\/www.wired.com\/story\/winnie-the-pooh-blood-and-honey-copyright-fair-use\/\" class=\"button purchase\" rel=\"nofollow noopener\" target=\"_blank\">Read More<\/a><br \/>\n Will Bedingfield<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the trailer for\u00a0Winnie the Pooh: Blood and Honey hit the internet last year, it produced a mild viral hysteria. The angriest Pooh fans accused director Rhys Frake-Waterfield of invading their childhood psyches, the creative equivalent of napalming 100 Aker Wood. When the film was released in theaters, critics mauled it, agreeing \u201cthis Pooh stinks.\u201d<\/p>\n","protected":false},"author":1,"featured_media":625097,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[316,46,96646],"tags":[],"class_list":{"0":"post-625096","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-blood","8":"category-technology","9":"category-winnie"},"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/posts\/625096","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/comments?post=625096"}],"version-history":[{"count":0,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/posts\/625096\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/media\/625097"}],"wp:attachment":[{"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/media?parent=625096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/categories?post=625096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsycanuse.com\/index.php\/wp-json\/wp\/v2\/tags?post=625096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}