Sun, Nov 22, 2009
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Name:
JustTellingTheTruth
Comment: This Smells Bad.... Hope Tyler Has Good Attys or His Checkbook Within Reach.....
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Name:
Taurusingr
Comment: JTTT: Ahiiiiight!?? It show DO smell! Smell like sheeeeeeit! If his defense is she didn't "register" HER work in time?...nygga "PAY UP" YO!!!! That's just like telling someone.... Hey! "you" did that! & they say..."you can't prooooooooove it"! Sheeeeeit no innocent person says shyt like that! A innocent mo fo says..."HAAAAAAAAYILL NAAAAAAAW!!!! I didn't do that shyt"!!, 1st thang out dey mouths too!! So fukk this "timeline" shyt!! Holla!
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Name:
TGen
Comment: "If his defense is she didn't "register" HER work in time?..." Yes. If she didn't copyright her work, she has little claim to her intellectual property. It sucks, but that's the way it works. In this case, she has a bigger burden than does Perry to prove her case. Besides, this article is missing a critical component to this story. When/how did Perry come into contact with this lady or become aware of her work? What is she claiming about this? Seems like this is a crucial part of the story. Not saying who is right or wrong, Perry probably did steal this lady's ideas, but I suspect she will find ignorance--not getting your ish copyrighted--is very costly. Poor thing...
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Name:
Grace12_34
Comment: It will be interesting to see how this turns out. I'm going to climb out on a limb with this and say that it makes no difference that she did not get her work OFFICIALLY copyrighted until the year after the release of the film. Sidebar: Was the Madea character her idea too? [Tyler always claimed that character was a representation of two female relatives.]
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Name:
bigchassie
Comment: bottom line to all writers: whenever you write a book,script for a play or movie, or poem, or even song lyrics GET IT COPYRIGHTED QUICKLY. so if anything comes up, you have your copyright papers to back you up. whatever script i write, i send a copy of it off to the Library of Congress along with a copywright form (the kind of form you need depends on what you are writing. i write scripts so i use Form PA-performance arts)and a fee of 20.00 for processing and then they send you a certificate letting you know that your stuff is registered.
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Name:
bigchassie
Comment: and another thing. don't show your stuff to anybody.(unless it's close family members)that is an easy way of your stuff getting stolen. especially if it's not copywritten.
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Name:
MsVanese
Comment: BKLYNVIAMAHATTAN, not sure if you will see this today, but I read your post from yesterday & will add my prayers that everything is right with your son. Keep your faith.
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Name:
DCGG
Comment: Get your papers ghurl...Tyler knows damn well he stole her shyt...
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Name:
bigchassie
Comment: DCGG>ummmhummm.
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Name:
CrazzeeGyrl
Comment: If he did steal it I want to know how did he come across her material? That's not mentioned in the story. Also, the movie was based on his play which was done years before the movie. This is interesting.
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Name:
6footah
Comment: two words: damn shame
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Name:
FiveMore
Comment: Pay up, Tyler!This lady deserves compensation for her work...Dang! right is just right!
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Name:
ss69054
Comment: So how come it took her so long to come forth and stake her claim???
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Name:
bigchassie
Comment: SS>now that is the part i don't understand. if he did steal it, why did it take so long for her to file this?
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Name:
Grace12_34
Comment: Here's a little more info ... http://www.marshallnewsmessenger.com/news/content/news /stories/2008/110808_web_perry.html
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Name:
sweetpea
Comment: Why did she wait so long to sue him?
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Name:
ss69054
Comment: When u rich and successful it seems like people come out of their rocks and want to get paid too. Not saying he didn't do it because I don't know the real facts but people out here are trying to cash in wherever they can.
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Name:
javone77
Comment: I too am curious to find out how this work got in tyler's hands. but no matter how it got there....if she did not have a copyright on it...then she has absolutely no leg to stand on. the movie came out in 2005....number 1 at the box office and she didn't get her copyright until a year later! that smells funny to me!
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Name:
Synthia
Comment: I find it odd they their defense is she didn't get hers copyrighted in time.
Um, I don't care when she had it copyrighted. Besides, hers had already been staged.
It's the principle not the copyright -- did you copy her ideas or not??
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Name:
queeniebunz
Comment: >bigchassie - you ain't neva lied. I have a screenplay registered w/the SAG East and a novel registered w/the Library of Congress. Aside from that, people don't realize that once written, your work is automatically copywrighted BUT w/no witness to it/validation, it is hard to prove. There is also the "poor man's copywright" - you mail it to yourself sealed. Once that's done, you have proof of when it was written because of the postage date.
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Name:
queeniebunz
Comment: This article says "federal charges". I don't think the federal court system will hear a case unless there's enough evidence for it to not be a frivolous lawsuit. Lawyers reading out there please correct me if I'm wrong but this case seems like there's some meat to it we aren't hearing about. His argument is weak and when I read the argument someone suggested, it didn't say much more than is here. There is still no link between them. It wouldn't surprise me at all if he did steal it. I believe it will disappoint his fans to find out the story is not his but his rabid fans will disregard this. This will be interesting to see what happens as it unfolds... On another note, I'm going to file federal charges against Taurusingr for excessive use of cap and punctuation keys and illegal repeated use of a letter key. This is serious stuff. The meat of my case - his comments make my eyes cross. He has caused me eyeball damage. *squinting*
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Name:
javone77
Comment: queenie: LOL @ federal charges for caps usage LOL
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Name:
javone77
Comment: queenie: I have heard varying reports of the "poor man's copyright" some say it is valid and other's say it isn't.
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Name:
Grace12_34
Comment: Here are some copyright FAQs ...
http://www.copyright.gov/help/faq/faq-general.html#myw ork
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Name:
Kara
Comment: Not a lawyer or anything, but how can sue for copyright infringement on something that wasn't copywritten at the time? Wouldn't that eliminate the whole copyright element?
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Name:
Grace12_34
Comment: Here is what I think is going on ... So long as she can prove that she created the work (which she obviously CAN), she could've registered the copyright ONE HOUR AGO and still have brought this lawsuit.
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Name:
javone77
Comment: ok so if you have to register your work if you wish to file an infringement claim...I still wanna know why it took her a year to copyright and then took another year to file the claim! and I want to know when Tyler's play was first produced. that could break all this open.
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Name:
Kara
Comment: Here's the problem I see. A) Tyler Perry did the play for Diary of a Black Woman before it ever became a movie, which makes the time this women took to come forward even longer. B) The content of Diary of a Black Woman is fiction, but not all that fictional. Several black women have lived it and had people in their families live it. Hell, should I sue Tyler Perry because the movie resembles my life and my family members life. We can all get paid!!!
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Name:
Grace12_34
Comment: The media wasn't able to dig up all the details. It will all make sense once the jury is empaneled and the trial gets underway. I co-sign with Queenie ... this is NOT a frivolous lawsuit, not with FEDERAL charges (pardon the caps, Queenie). I am very disappointed, because both my teenage daughter and I are HUUUUUGE, RABID Tyler Perry/Madea fans, and I would just HATE to think that he didn't in fact struggle to get his muse on. <sigh> At least this will give us something interesting to yap about until Barack is sworn in ...
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Name:
javone77
Comment: Kara: I am so with you! hell I am mad and getting madder everyday! LOL
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Name:
Grace12_34
Comment: Kara, with respect to B) and how "several black women have lived it" (assuming you mean within the general African-American female population), that would be seen as a "method of operation" under the "Copyright in General" section of the link I posted ... It is not protected.
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Name:
Kara
Comment: >Grace... that's the point I am making, because the film and the play, and apparently this lady's book contain those types of elements, its kinda hard to say he stole her work!!!
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Name:
MzTee
Comment: Based on what Media Takeout reported, if they are to be believed, old girl's work was a play in which she produced and starred in, so it's very possible that TP saw the play because she said she created the work in 1990. And, QB is right...your work is automatically copywritten upon creation; however, registering the work secures your right of ownership. I believe she has a case, but we'll have to wait and see how this all plays out. BTW -- Where is our resident lawyer, Exmun?....
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Name:
MsVanese
Comment: hmmm, not sure about this one. According her, she did a play in Dallas in 1991 called Fantasy of a Black Woman. Just wondering what woman fantasizes about getting her azz whipped & dragged out of her house forceably. Sorry, just being stupid, but I hope it isn't true too.
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Name:
bigchassie
Comment: i heard about the Poor mans copywright. i wouldn't go by that method. if you toiled and put serious time in creating an orginal work of your own merit, you go through the right way of protecting it. get the form from LOC, send it in with the fee, get your certificate, and your stuff will be legit and nobody could touch it without your permission.
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Name:
bigchassie
Comment: that is the reason why whenever these theater companies want to do a play by a playwright and that playwright is living, they will have to get permission from them to perform it. because they have to get paid. same goes for musicians. rappers has to pay out of the ying yang for a piece of a four bar from a song from another singer they want to use.
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Name:
katgrrrl
Comment: MsVanese, LMAOOOO @ that last post! <> ss69054, that was my initial question too. <> Co-sign, TGen & Kara.
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Name:
javone77
Comment: how the hell you gonna put a play out on STAGE and not be official with yours???
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Name:
MzTee
Comment: bigchassie...you're right to warn against the poor man's copyright. According to the link Grace12_34 provided, the poor man's copyright is NOT a substitute for registering your work and there isn't anything in copyright law regarding it.
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Name:
javone77
Comment: i have been searching for this play and have not found one record of it. I live in dallas and even I have not seen anything in the dallas morning news
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Name:
Mas90
Comment: I don't think this is possible. All of Tyler Perry are written the same. Unappealing! Who would write about an old azz bad-acting-lines grandma that is a man dressed as a woman. Talk about channeling your inner vajayjay.
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Name:
bigchassie
Comment: JAVONNE>What play is that? MZTEE>Yeah, cause i think a lot of folks don't know that the poor man's copywright is not legitamite. i mean it's bad. you put your heart and soul into a creation that is yours and YOURS ALONE. you should protect it the right and legit way so you have the papers to back it up in case someone tries to steal from you.
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Name:
bigchassie
Comment: MAS90>yeah, i agree. tp is not my cup of tea either.
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Name:
bigchassie
Comment: MAS90>LOL! INNER VAJAYJAY!!!LOL!
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Name:
javone77
Comment: chassie: she claims her play was put on in dallas in july of 1991
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Name:
queeniebunz
Comment: I have to co-sign mas90 on this one. He is so gay that it is hard to believe him as a male character in his movies - the husband in "Family Reunion" and in "Why did I get Married?" - it was like, yeah sure. Perry is another of those in the closet dudes and the closet has a clear glass door. We see you in there, Tyler. No need to hide. Olly-olly-oxen-free! Come out! Come out!
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Name:
queeniebunz
Comment: >Grace - I'm gonna give you a warning citation for the suspected overuse of the caps. Just be careful in the future. Don't let it happen again! *tipping hat, getting back in cyber police car* ;)
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Name:
javone77
Comment: queenie: you did NOT just say that tyler's closet door is clear and say olly olly oxen free???? LOL
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Name:
TGen
Comment: Grace 12_34, I just went to that Copyright website you posted, great info. My opinion on this is evolvling. I'm thinking this lady might have a chance after all. Turns out her lawsuit is valid even if her work wasn't copyrighted before Perry's release. She only had to have it copyrighted before taking legal action, which it seems she did. But it does say that there is a 5-year window allotted, I'm not sure if she met that or not. And even if she did, again, the crucial part missing in this story is when and how she's claiming Perry discovered her work. As Kara states, the storyline of "Black Woman" is not exactly a unique one. I would think this lady would have to have some kind of proof that Perry saw her work before creating his play, else it will be chalked up as just two people having similar ideas (though this is unlikely). I dunno, I'm like MzTee, where his Exmun when you need him??? lol
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Name:
Mas90
Comment: Queenie... yeah I didn't find him believeable in "Why Did I Get Married?" too. The one thing I like about Perry is that he uses black actors that we don't see anymore.
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Name:
Grace12_34
Comment: TGen, doesn't the 5-year window apply to PUBLICATION??? We only know that her musical was performed, not necessarily published. (Queenie, can't you overlook just this one instance of caps. I soooo wanted to capitalize the words "performed" and "published," but I've already got one citation.)
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Name:
Grace12_34
Comment: Kara, you are right, but in this case, the "idea" was "expressed" in her musical, and that expression of the idea, via the musical, is what is protected by the copyright laws.
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Name:
javone77
Comment: grace: I didn't think you could copyright ideas. if that were the case every movie that has a bank robbery in it would be suing each other. am I wrong?
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Name:
queeniebunz
Comment: >Grace - capitalize all you want. Taurusingr is the real offender. He's at the top of the cyber FBI most wanted list for abuse of key strokes, capitalization and punctuation. He's the dangerous one. He's got to be stopped. We've got to keep him out of EURweb cyberland so we all don't go blind reading his posts. We'll let you pass if you testify. Clearly, I watch too much L&O, CSI, Criminal Minds, and other assorted crime television... LOLOL
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Name:
MsVanese
Comment: lol lol @ queenie. do they have cyber witness protection?
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Name:
Taurusingr
Comment: Grace12_34: Hey!, Thank You for that info! That's what "I" thought as well! But more importantly?, I was sayin....he didn't say HE DIDN'T STEAL SISTA'S SHYT!, he/his attorney said..."she didn't have legal grounds"! To me?..."that" says it all when answering the damn question..."Ahh, DID you steal this shyt"!?? Holla!
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Name:
khufu
Comment: actually you dont have to register it.....once yuo create the work it is considered copyrighted...all you have to do is affix the C on it and that's it....with registration (with LOC Reg of Copyrights or WGA), it becomes easier to protect.if she can prove that TP access it at some point before he created his Diary, she has valid case.....
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Name:
khufu
Comment: :--) Copywritten is not the proper term...it is copyrighted
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Name:
khufu
Comment: WGA is writers guild of america.......
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Name:
khufu
Comment: Now, you can show someone your work (even if it's copyrighted/registered) and they will steal it.....one way to possibly combat that or document their access is using a Non Dosclosure AGreement or Confidentiality Agreement
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Name:
khufu
Comment: what is interesting is that TP didnt say he didnt steal it...just that she didnt register it...LOL
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Name:
khufu
Comment: SIGH I have explained this all before LOL Intellectual Property Law is the body of law that deals with the protection of ideas and concepts....e.g. Trademark, Copyright, Patent
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Name:
Grace12_34
Comment: Jav, it is the expression of the idea that can be copyrighted. In this case, let's say the idea (or theme) expressed in "Diary of a Mad Black Woman" was "sistas really can go through drama with men." This woman's musical was the expression of that idea. If she just came up with the idea all by itself and did not write it down on paper or express the idea in a musical production, then she could not copyright the idea/theme.
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Name:
queeniebunz
Comment: >professor khufu - what's with the copywright lesson? We already established that we understand the rules/process. Did you read any of the above comments?
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Name:
MzTee
Comment: Khufu...thanks! My bad. I work with copywriters quite a bit, hence my mix-up with copywritten and copyrighted. Excuse the error.
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Name:
Jaye
Comment: Kudo's Bigchassie, I love to write, too. Which is why I purchased a book entitled, "The Copyright Book: A Practical Guide". On my personal website located here:
http://jayepurplewolf.com/COPYRIGHTS/index.html
I placed points of interest that will help other writers in the future. And there's also links that go directly to the "Copyright Law of the United States of America, and etc.
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Name:
adifferentpath
Comment: I so loved reading these comments today!!
Learned so much!!
(tune in tomorrow for another episode of eurUniversity! - tomorrow's lesson, The Proper Use of CAPS)
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Name:
allaboutlydia
Comment: khufu is correct. I hope this woman is wrong. Tyler seems like a nice christian man. Queenie I've heard for years that he's gay. Yet we've never heard of him paling around with a so called boyfriend.
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Name:
JudgeJoanieInLA
Comment: It would seem to me that if someone spends the time to create an original piece of work, whether its in the form of a song, screen or stage play, etc., that they would want to protect it at all costs. It amazes me that people will not take the time to properly register their works for the measley cost of $20 to secure protective rights with the Copyright office and any of the Writers Guilds' offices that are based in most major cities. To not take those protective steps can be very costly to the actual creator in the event that it falls into the wrong hands. As much as I admire Tyler Perry, it is my hope that he has not infringed on the rights of someone else's creativity. To have done so, would bring into question about the validity of his other work. As far as a "poor man's copyright" is concerned, it does not hold up in a court of law and only provides a postage stamp date that gives a general time that the work might have been created. So, it would stand to reason that if a person really treasures what they have created, they will do what they must to protect it.
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