Opinion: Public domain and gun toting rabbits - Don’t try this at home

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In a democracy, “fair use” means more than some rant on a blog somewhere. It relates directly to public scrutiny of information and issues.However, there can be copyright issues. It’s a bit too optimistic to assume that copyright materials are in the public domain.

Whatever the material, at least theoretical copyright does exist, and someone owns it.

One of the big dangers is that people assume things to be public domain, and they're wrong.

It’s a pretty vague situation in many cases. In practice, some things are considered copyright, and some copyright owners just don’t do anything about uses of their materials.

But they do have at least the basic theoretical rights over those materials, even if they don’t choose to exercise them.

Others defend their copyright, ferociously. Sometimes they have to. Disney is a case in point. Disney products are extremely valuable copyright, and if you’ve seen any of the Asian copies of Disney characters, you’ll understand why the defence is so necessary.

On the other extreme, the arguably insane, undeniably hypocritical end, is the music industry, whose office boys make millions out of careers persecuting people for file swapping. This is done in the name of copyright. “Public domain” isn’t even a theory. From an industry whose motto is “Never pay anyone for anything”, it’s sickening. Particularly when you know a lot of the actual music was “borrowed” from people who were never paid for it.

The current Cauty exhibition of “splatter” versions of famous cartoon characters is a case in point regarding copyright and public domain.

There are a lot of issues raised about this exhibition, and it’s worth looking at in terms of public domain.

The copyright definitely still exists. Looney Tunes is one of the biggest sellers of all time.

The right of fair use and comment is also in play, for that reason. Looney Tunes is a subject of artistic, social and media commentary. It’s also a major study for animators to this day, a classic of the genre.

Cauty claims, with some legitimacy, that it’s “practically in the public domain”.

In this case, he’s not too far wrong, but there are other issues. Warners isn’t as nasty as most in terms of Looney Tunes. The cartoons have gone into the language, and Cauty’s work can be construed as good free publicity.

If you’ve seen Rabbit Season, you’ll know that Daffy is really just doing an encore with the splatter from Bugs’ revolver. Bugs also did one of the most ambivalent bits of cross dressing I've ever seen, with Elmer in an opera. Bugs appears as a female opera singer, with the line "Whaaaat would you want with a waaaaaabit?"

Looney Tunes beat Itchy and Scratchy in ways Itchy and Scratchy haven't even thought of, yet.

It's not exactly out of context with the Looney Tunes ethos, which broke barriers some people never even knew existed.

However, in theory, if not apparently in practice in the case of Cauty, the copyright owner can object to use of their material out of context, or in a context they consider damaging.

For example- If Bambi turned into a serial sadomasochistic killer, you can assume Disney would object, even if they accepted “public domain” status, which is unlikely.

Piss Christ, that eminently forgettable public urinal in the public domain, is a case in point, too. Where offense is given to members of the community on any grounds where a religious discrimination or insult can be considered a legal basis for action. If there were working legal grounds for objection, “public domain” wouldn’t matter.

Assuming public domain isn’t a good idea, on principle. If you’re in media, and you get it wrong, you can be in big trouble. Copyright does persist, and there are potentially big risks.

You need to check these things, and at least establish a good legal base for claiming your work is in the public domain. Don’t try “public domain” at home. Get advice, and get your facts straight.

Anyway, Bugs probably figured out that Daffy blew that chance for them in Aladdin’s Cave.

“I’m a happy miser….” 50 years later, kablooey…. Makes sense…

This will be the basis of a return series, Revenge Of The Duck.

No wonder Warners aren’t too worried.