timv wrote:I can confirm from my own legal dealings over the issue of reproducing Blyton cover images for the illustration section of my Blyton sites book that the 'trademark' rights to the Enid Blyton signature covers the use of the name 'Enid Blyton' as well as the well-known signature in its usual (or indeed any) form. I could not reproduce any artwork drafts for covers that had the Blyton name, in a normal layout like the rest of the cover wording, but not her usual signature on them.
All trademarks/logos used under fair usage/parody/humour...
Thanks Pete...although I'm not sure I like the modern paperback headings!
Viv of Ginger Pop wrote:
timv wrote:I can confirm from my own legal dealings over the issue of reproducing Blyton cover images for the illustration section of my Blyton sites book that the 'trademark' rights to the Enid Blyton signature covers the use of the name 'Enid Blyton' as well as the well-known signature in its usual (or indeed any) form. I could not reproduce any artwork drafts for covers that had the Blyton name, in a normal layout like the rest of the cover wording, but not her usual signature on them.
Sorry - confused - what were you able to do?
Viv
I'm glad I'm not the only one! I presume this means that both the signature and the name have been copyrighted? So even the name 'Enid Blyton' could not be used?! That's quite unusual!
'Oh voice of Spring of Youth
hearts mad delight,
Sing on, sing on, and when the sun is gone
I'll warm me with your echoes
through the night.'
Gary Russell wrote:The law doesn't cover parody or pastiche (if it did, you'd never have any comedy in the world)
That being the case, I suppose it's only a matter of time before someone picks up on the "Zombies" theme (apropos Sci-Fi and - maybe - current fascination with Fantasy works?) which became such a great hit in re-takes of Jane Austen's classics!!!
Minerva wrote:
That being the case, I suppose it's only a matter of time before someone picks up on the "Zombies" theme (apropos Sci-Fi and - maybe - current fascination with Fantasy works?) which became such a great hit in re-takes of Jane Austen's classics!!!
Oh, don't give them any more ideas.
Seriously, if these spoof books imitated the style of Enid's signature but made it a different name — perhaps a parody like, say, "Edna Blighty" — that would be fine, as people would soon see it wasn't a real Blyton book. But they seem to have permission from the publishers to use her actual signature as if these books were something she wrote or else "official" continuations of her work. That's worrying, to say the least. (Especially given the number of young readers — and possibly some adults — who are under the impression that the real Enid is still alive and writing! )
Society Member
It was a nuisance. An adventure was one thing - but an adventure without anything to eat was quite another thing. That wouldn't do at all. (The Valley of Adventure)
The Zombie Apocalypse of Adventure
The Mystery of the Missing Zombie,
The Rotting Zombie Mystery
Secret Seven On The Zombie Trail
Mr Galliano's Zombie,
The Zombies of the Faraway Tree
Five Tie Down A Zombie Together
Zombies On Cherry Tree Farm
The Naughtiest Zombie is a Monitor
Just a few ideas...
'Oh voice of Spring of Youth
hearts mad delight,
Sing on, sing on, and when the sun is gone
I'll warm me with your echoes
through the night.'
It was a nuisance. An adventure was one thing - but an adventure without anything to eat was quite another thing. That wouldn't do at all. (The Valley of Adventure)
Definitely NOT dairy-free "cream" and sugar-free jam.
Society Member
It was a nuisance. An adventure was one thing - but an adventure without anything to eat was quite another thing. That wouldn't do at all. (The Valley of Adventure)
Apologies if the legal language has confused anyone - I was just using the exact wording in which I was informed of the legal situation regarding the use of the Blyton name. This was intended to show the forum just how extensive this 'ban' is. It took me aback a bit when I was told how extensive the trademark was, and I checked it twice with experts to make sure I had got it right as I had intended to include quite a number of Blyton covers.
To clear up any resulting confusion - I was proposing to reproduce an artist's designs of the original Blyton covers, the final versions of which (used in the published books) included the usual Blyton signature and drafts of which included the words 'Enid Blyton' but not in the form of her usual signature. I was then told, by the artist's agent who had checked it with the Blyton estate, that the trademark included the right to reproduce the name 'Enid Blyton' in any form (and another trademark covered the right to reproduce the names 'Malory Towers' and 'St. Clares'). So I could reproduce a cover design only if it had none of these words on it.
It does seem very unusual to have this sort of blanket ban on using the author's name even in reproducing a cover, and I have checked the rights to use other authors' names (and covers featuring these) for other authors featured in my book and in a second book I am writing on other authors. No such ban exists for any of them. This making a 'special case' for Enid's name is the only one of its kind which I have come across, and I do wonder why it was granted in such a wide form - particularly as it sets a precedent for another author's estate to claim the same rights. Revealing the legal reasoning behind it would be rather interesting.
I'm probably wrong here, but didn't I read somewhere that Enid actually registered her name as a kind of brand name herself back in the 1950's or early 60's? I'm probably totally wrong, but I seem to recall that she and Walt Disney both had their names registered as trade marks long before anyone else, mainly due to all the merchandise made using their names?
I'm probably way off beam here!
'Oh voice of Spring of Youth
hearts mad delight,
Sing on, sing on, and when the sun is gone
I'll warm me with your echoes
through the night.'
Trying to fully decipher what you have written above, Tim, I wonder how this aptly named book would be viewed - assuming that it will be published at some stage!