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Copyright Concerns Make a Film Festival Pull 'People's Joker' Movie (theverge.com) 102

"There's a new Joker movie coming out," writes the Verge, "but you might not get a chance to see it because copyright is broken." I'm not talking about Joker: Folie à Deux, the officially sanctioned sequel to the Todd Phillips film Joker. I'm talking about The People's Joker, a crowdfunded Toronto International Film Festival (TIFF) selection that was pulled at the last minute, thanks to unspecified "rights issues." The People's Joker is (as far as I can tell) an extremely loose retelling of the Batman villain's origin story, reinterpreting the Joker as a trans woman trying to break into the mob-like world of Gotham's stand-up comedy scene. Its trailer describes it as "an illegal comic book movie," but its creators more seriously defend it as an unauthorized but legal parody of DC's original character, to the point of (apparently) giving their lawyer a full-screen credit.

I have no idea if The People's Joker is a good movie — thanks to its cancelation, my colleague Andrew Webster couldn't catch it at TIFF. The piece is clearly a provocation designed to thumb its nose at DC's copyright, and DC parent company Warner Bros. hasn't said whether it actually ordered TIFF to cancel showings — it's possible the festival balked or even that Drew did it herself. But despite all that, one thing is very clear: outside a tiny number of corporate behemoths, virtually nobody benefits from shutting down The People's Joker — not the filmmakers, not the public, and not the people who created Gotham City in the first place.

Writer-director Vera Drew says she made The People's Joker partly to test a contemporary truism: that beloved fictional universes are a shared modern mythology, and people draw meaning from them the way that artists once reinterpreted Greek myths or painted Biblical figures. As Drew has put it, "if the purpose of myth is to learn about the human experience and grow and also chart your progress — the hero's journey and all that stuff — let's actually do that earnestly with these characters."

The essay delves into the argument that culture exists for the common good. "It's useful to have a temporary period where artists can maintain control over their work because it helps support them financially and encourages them to make more of it. But the ultimate goal is that art should pass into the public domain and that it should be part of a conversation, with people repurposing it to create their own work...."

In an interview with Comic Book Resources, the filmmaker said the film was protected by both fair use and copyright law. "The only thing that makes it weird in both of those categories is nobody's ever taken characters and IP and really personalized it in this way. So I think that's the thing that really kind of makes it seem a lot more dangerous than I actually think it is. I mean, I get it, look, I put an 'illegal comic book movie' on the poster, but that was just to get your butts in the seats. Mission accomplished."

A statement from the filmmaker on Twitter blames "a media conglomerate that shall remain nameless" for an angry letter pressuring them not to screen the film. (It was ultimately allowed to premiere, but then pulled from later screenings.) They added that they were disappointed since "I went to great lengths with legal counsel to have it fall under parody/fair use," but they made the choice to protect the film festival and the future prospects for a possible return of the movie itself.

"The People's Joker will screen again very soon at several other festivals worldwide."

The Verge's conclusion? "If a law meant to protect artists is leaving weird independent movies in limbo to protect a corporate brand, something has gone deeply wrong."

Thanks to Slashdot reader DevNull127 for the article
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Copyright Concerns Make a Film Festival Pull 'People's Joker' Movie

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  • Trailer (Score:5, Interesting)

    by phantomfive ( 622387 ) on Saturday September 17, 2022 @10:27PM (#62891013) Journal

    Here is the trailer [youtube.com]. The acting looks high quality, the production pretty good for amateur. The story is an exploration of what it means to be trans in a world of supervillains. The story looks like fanfiction from the Joaquin Phoenix Joker, which was high quality in every way. Joaquin Phoenix really did a nice job imagining the Joker as a real person.

    • Do you know the Sout Park episode Free Willzyx? It is an exploration of what it means to be a whale in space.

    • I'm all for them being allowed to proceed, but it really would've helped their case tremendously if they'd slightly changed the names. Seems to have worked out pretty well for Mel Brooks (although Spaceballs is different from this in other ways, too). Maybe the creators felt doing so would cheapen it too much or something, but if this goes to court I expect it to come up.

      Mainly, though, I'm thinking it could be fun watching lawyers and writers going off on extensive interpretations of dialogue to make
      • Mainly, though, I'm thinking it could be fun watching lawyers and writers going off on extensive interpretations of dialogue to make esoteric points,

        That sounds like a good movie. If you direct it, I will watch it.

    • Here is the trailer [youtube.com]. The acting looks high quality, the production pretty good for amateur.

      LOL. If you could give me $10 for every good trailer I watched that turned out to be a bad movie, I'd have enough to feed myself for a year.

  • Cesar Romero wasn’t trans!

    But Im happy for them to have their own interpretation.

    • Cesar Romero wasn't trans!

      I'm not 100% sure about Victor Buono [fandom.com], though...

    • Re:Cesar Romero (Score:4, Interesting)

      by couchslug ( 175151 ) on Sunday September 18, 2022 @12:26AM (#62891173)

      It's difficult proving a negative and Hollywood is Hollywood after all.

      Why would we instinctively assume the preferences of humans we don't personally know intimately? Why would we care who or what they boff in their private life?

      • by OzPeter ( 195038 )

        It's difficult proving a negative and Hollywood is Hollywood after all.

        Why would we instinctively assume the preferences of humans we don't personally know intimately? Why would we care who or what they boff in their private life?

        Ummm .. trans has nothing to do with sexual preference. In my own extended family I have had MtF trans married to a woman and also FtM trans married to a woman.

        And yes, while it is hard to prove a negative, there is no evidence at all of Cesar Romero being trans. He may have been gay .. but again .. that is not trans.

    • He wasn't trans. He wasn't bisexual. But he was a closeted gay.

      And he was a fantastic dancer before he was a fine dramatic actor.

  • Copyright (Score:5, Interesting)

    by phantomfive ( 622387 ) on Saturday September 17, 2022 @10:43PM (#62891039) Journal

    Looking at the story, I don't see how this is a parody at all. Parodies are legal because to make fun of (or comment on) a work of art, you necessarily need to copy the work of art. For example, Spaceaballs makes fun of Princess Leia's hair [youtu.be] in a way that wouldn't be possible without copying Star Wars. So that ends up being fair use.

    To be clear, I think fan-fiction should be legal.

    However, where is the parody in this? The creator says, "if the purpose of myth is to learn about the human experience and grow and also chart your progress let's actually do that earnestly with these characters,” But that's already been done multiple times in Batman movies. The latest Pattinson Batman was trash, but it did in fact chart his progress has he learned and grew.

    So the key is to find something that can't be easily said without using the Batman movies. To be legal under current laws, it needs to be more than just fan fiction.

    • Spaceballs wasn't sure, so they went so far as to ask permission. It saves you a few million in legal fees after you've spent a few million more on production.

      • by ceoyoyo ( 59147 )

        The point of this film seems to have been to draw copyright infringement claims. The poster called it illegal. Someone might think getting right up to the edge of a cliff is art. TIFF decided it was a little too close for them.

    • Re:Copyright (Score:4, Insightful)

      by wierd_w ( 1375923 ) on Saturday September 17, 2022 @11:56PM (#62891129)

      What you are observing here is the impact of Poe's Law on the concept of parody.

      That is to say, the DC comic world has been "REINVENTED!!!" so many new and 'edgy' ways, that the Joker's back story is now so offbeat and bizarre, that even the most absurd attempt at parody is indestinguishable from something DC might actually pull-- Thus satisfying the requirements for Poe's Law.

      The fact that Poe's Law is active, does not change the fact that this is a parody.

      See also, Landoverbaptist.org It is a parody of southern baptist religious people and their public behaviors-- It is an act of parody. It is also so close to life that the line is blurred, despite being off the rails bizarre.

      Basically, there is no real way to clearly and obviously "Make fun" of the DC universe anymore, because it does a perfect job demeaning itself already. That does not remove the intent-- Intent is a significant part in a determination of copyright violation. Something that movie and game industry lawyers are very eager to ignore whenever it profits them to do so, such as here.

      • That does not remove the intent-- Intent is a significant part in a determination of copyright violation.

        I don't see what intention they had that was parody. They aren't even trying to make fun of joker, unless you consider "joker is trans" to be some kind of mockery. I don't, and it seems they don't either.

        You do have a point that the 1960s Batman already did seem like a parody.

        • As others have pointed out, this is a "Social commentary" type lampoon parody, in which The Joker is a struggling legitimate comedian. (Rather than a "Deranged Humor" themed comic book villain)

          This is still "Running foul of Poe's Law", since DC could legitimately decide to reinvent The Joker this way. (as opposed to the "In commision of crime, falls into OSHA violating open vat of industrial chemicals, and humorously ends up with a permanent smile" backstory).

          Basically, what DC is end-running here, is an a

          • Basically, what DC is end-running here, is an attempt at complete ownership of the entire idea space of "Person uses humor cliche in acts of villainy, featuring permanent smile motif."

            Err no, the character is not just a villain with a permanent smile. He's literally got the distinctive style and colouring of the Joker, and ... wait what was it?.... Oh right is called "Mr. J" along side a lot of other copyrighted villains who share the exact name as DC characters, in a movie which has Joker literally in the fucking title.

            This isn't DC owning everything. This is DC owning the specific things used in this movie, the only defense of production would be for the movie to fall under fair use pa

            • You are confusing Trademark [uspto.gov] and Tradedress [cornell.edu] for Copyright.

              DO NOT DO THAT.

              They are distinct and separate areas of law. Joker's attire and signature makeup are trademarked and are subject of trade dress.

              NOT COPYRIGHT.

              However, there could be suitable provisions for parody of such trademarked or trade dressed properties. I am not a trademark attorney, and am not well versed in those rules.

          • However, by copyrighting basically every single evolution of the ideaspace, they end up owning all of the more obvious variants on the theme-- which then leaves no effective room for any kind of parody.

            Unfortunately, parody is just one of the four factors that are used for determining fair use.

            The fourth factor to be considered is "the affect on the potential market value for the product." Basically, the court will consider whether this movie affects DC's ability to make money from a "Trans Joker" movie, and if it does harm their ability, then it's not fair use. (To be more precise, that factor weighs against it being fair use, and parody weighs in favor of it being fair use).

        • The difference is that Warner had a contract with DC comics. This film maker did not.
          https://amp.theguardian.com/tv... [theguardian.com]

          • Under copyright law, no contract is *NEEDED* for works of parody. It is an explicit carve out in the law.

      • by ET3D ( 1169851 )

        > Basically, there is no real way to clearly and obviously "Make fun" of the DC universe anymore

        That's blatantly not true. The LEGO movies and games parody Batman quite well. They take the characters, exaggerate them, and make fun of how serious Batman is, or all the silly schemes of the villains. So obviously there is a way, and it's also not hard to do.

        If anything, I'd say that the Marvel universe is harder to make fun of. The movies already make so much fun of themselves that it would be hard to make

        • No-- Consider:

          Both the Marvel and DC comic universes canonically consider an "infinite multiverse" to be a feature of themselves.

          This means, by definition, the lego parodies are in fact a canon incarnation of their IP, just a fringe expression there of.

          Any parody made, immediately infringes their "Intellectual Property", because their property consumes the totality of the ideaspace.

          This is why Poe's Law hits so hard.

    • by ET3D ( 1169851 )

      It would be interesting to see how this holds up in a court of law, though I don't think we'll get to that.

      It's true that, just based on the trailer and articles, this doesn't seem like it parodies The Joker, or Batman in general. The movie is supposed to be a comedy or satire, but it also seems to just use Batman characters as background, not really ridicule them. Of course, without watching the movie it's not entirely possible to judge this, but it does seem to be the case from evidence available.

      • Without seeing it you can't tell if parody or some serious derivative work.

        I don't know if time length plays a factor, but parody would chafe at its bounds if it were longer than an SNL skit.

    • by AmiMoJo ( 196126 )

      They are using the Joker because the character brings a lot of expectations and understanding, which they can then expand or subvert as they please. It saves them filing a load of origin material too, by using established characters. That's exactly what Nolan did, the Joker just appears out of nowhere but the audience already knows who he is because he's the most famous villain in comic books.

      This sort of thing is often done in comics by having characters that are very similar to existing ones. Batman is of

    • I have to agree.

      This is fan fiction, not parody. I'm not even sure it's possible to do a full movie as parody, you can take elements, but successful parodies tend to be shorter media like Weird Al songs [wikipedia.org].

      I also agree fan fiction should be legal, modern stories take up a lot of our culture and fans should have some ability to express themselves in terms of those stories.

      However, I'm not sure how you properly define a film as fan fiction. There's a lot of indie film makers who make movies with very little expe

    • by quall ( 1441799 )

      It's about someone who is already mentally ill (because they're trans), who then spirals into deeper mental illness? The trailer didn't seem like it was making fun of Joker as a parody. It seems like they were seriously trying to re-tell it using a trans person.

      I understand that some people may hate woke culture, but making fun of mentally ill trans person isn't helping (it is really is a parody). It's like making fun of crack heads. Might be funny to watch but it's still sad.

  • If making the joke trans makes it a parody, does that mean trans are parody?

    • It could be.. but depends on the circumstance.

      See for instance, if you portrayed the tradcath reddit posters as all being trans but in denial about it.

      The PROBLEM, is if you honestly try to make such a parody, and it comes out indistinguishable from the real thing anyway (such as when poe's law is active), it stops being OBVIOUS parody.

      See for instance, portraying batman and robin as a top/bottom gay duo.

      Then DC went and made robin bisexual m/bottom.

      Is 'ambiguously gay duo' still parody? Did the intent chan

    • Being so edgy and all... your bed must be a solid slab of stainless steel.

      I'm not even gonna try to imagine your clothing situation. Adolescence must have been a bitch.

    • by narcc ( 412956 )

      If making the joke trans makes it a parody, does that mean trans are parody?

      No. On all counts. The trans bit is social commentary which has nothing to do with the work being a parody.

      The work is a parody because it's a comedic commentary on the source material. You can think of parody as a kind of criticism. That is, it is a parody because it tries to tell us something about the thing being imitated in a funny way.

  • by Crashmarik ( 635988 ) on Sunday September 18, 2022 @12:48AM (#62891207)

    Think about it. If George Lucas had retained the copyright to Star Wars, Disney wouldn't have been able to crap all over it.
    Look at how Christopher Tolkein protected his father's work from being ruined and now that he's passed away you have Amazon crapping all over it.

    It's fine that these people like the Joker but the Joker isn't theirs and for better or worse he is Warner Communications property and theirs to define and develop as they see fit.

    • Yeah, anybody with half an ounce of copyright/trademark knowledge would have known this'd be a legal mess.

      They should have licensed The Room. They could have made a perfectly good transgender remake.

    • Think about it. If George Lucas had retained the copyright to Star Wars, Disney wouldn't have been able to crap all over it.

      Yeah but it would mean George Lucas would continue to crap over it, and honestly I'm not sure what is worse. Disney is doing some good things with the IP. The new movies are shit, but they aren't "mesah crap movie!" level modern George Lucas shit like Episode 1-3.

      #hanshotfirst.

    • by JaredOfEuropa ( 526365 ) on Sunday September 18, 2022 @05:39AM (#62891543) Journal
      Ehm, no, that is not what copyright was established for. The only thing copyright was meant to accomplish was to allow creators to profit off their work, in order to encourage them to publish and create more stuff. That's it. It wasn't invented to protect the work itself other than preventing people from copying it and depriving the creator of that income, and certainly not to protect the (for lack of a better word) franchise: what are called "moral rights" that people like Rowling and the Tolkien estate wield with an iron hand. Under the original idea of copyright, derived works were fair game, which makes sense: it was supposed to foster creative abundance rather than create artificial scarcity.
      • You are arguing what copyright should be while the parent is arguing within the bounds of how copyright is currently enforced. While a conversation about what copyright should be is certainly interesting, it's all hypothetical and has no bearings on how this current case will play out.
    • by theCoder ( 23772 )

      That is not what copyright is for. It is something that modern copyright holders (sometimes) do, but copyright was created to give creators an incentive to create by giving them a temporary monopoly over the distribution of their work. It means that only the creators of Star Wars, for example, are allowed to make copies of Star Wars. Other people have to get the permission of the Star Wars creators to make a copy, and usually that involves purchasing a license to make the copy. This also covers "derivat

      • by theCoder ( 23772 )

        Wikipedia page on useful arts [wikipedia.org]. Not sure how that got stripped out.

        • The clause in question contains the word "Authors", which we traditionally regard as people who have written something. So if we'd go for a literal interpretation of the constitution, this could easily mean that copyright doesn't cover movies and sound recordings (which hadn't been invented yet), as well as paintings and the performed arts, since their makers weren't and still aren't commonly called "authors".

  • by kiwioddBall ( 646813 ) on Sunday September 18, 2022 @01:11AM (#62891237)

    Did anything happen here or did some activists cancel their own movie for publicity? This summary says that no action has been taken by DC?

    Sounds like something I should get into.. make a movie announcement, then say it was cancelled a few days later - free publicity, and no need to make the actual movie as no-one will see it!

    • Seems to be the point... make a film infringing IP with a heavy Trans slant, movie gets cancelled... queue the " OMG, Warner is a Trans Phobe outrage... and wait for the free press coverage

    • I think you're exactly right. 'Canceled' their own film for publicity. Disney does this to prop up their Star Wars TV Shows too. "private messages of hate" that they never show anyone.
    • That's the only interesting part of this story, Did DC and/or WB manage to get a film festival to stop screening a film based on a non-existent copyright claim. OR is did the filmmaker's lawyer just telling them what they want to hear about copyright. There's also an interesting question about safe-harbor provisions in meat-space i.e. can the film festival be held liable if the film maker says copyright claims do not apply and can DC/WB be held accountable for false claims if any where indeed made. Sadly I
  • If this film were deemed legal and implicitly allowed by DC, Vera Drew would of owned a copyright to trans Joker. Which is clearly ridiculous, when that is very clearly a possible character DC might want to actually use on the future.

    Parody has to stray far enough outside of reality that the copyrighted holder cannot ever conceive of needing to use the plot line you are "parodying" or it simply is not parody.

  • Comment removed based on user account deletion
  • Comment removed based on user account deletion
  • Wouldn't DCs multiverse have a trans Joker? or hell even a trans batman or superman. Hell even Marvels Multiverse would have a different version of every hero or villan prodigy or otherwise..
  • A famous sex change hospital is being sued by thousands as we type because they permanently screwed up adults. Not by parents, but the angry, living results of "trans choice therapy". It's not funny, interesting or artistic anymore.

If money can't buy happiness, I guess you'll just have to rent it.

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