Rick & Morty v. Tiarawhy: Georgia v. Denver Fenton Allen Taken Down #WTFU

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Adult Swim has allegedly taken down the infamous Justin-Roiland-voiced "State of Georgia v. Denver Fenton Allen" animation. It turns out the animated version was fan-made and unauthorized. The original voice acting was done by Roiland himself after a Q&A Panel at San Diego Comicon July '16. Let's discuss whether it's protected as a Fair Use of Adult Swim and Justin Roiland's copyrights. Original Voiceover: https://www.youtube.com/watch?v=7vN_PEmeKb0 Also, our special guest, Patent Attorney Kurt Mueller, has produced two videos on the Louis Rossman Apple/Customs battle. Check them out here: Part 1: https://youtu.be/9RyueEbWu6I Part 2: https://www.youtube.com/watch?v=lA9kxNxPuIU * COMMUNITY! * Join our live discussions on Discord: http://discord.gg/mnzSKwP Discuss worldwide on Twitter: https://twitter.com/leonardjfrench Support more videos! https://www.patreon.com/ljfrench * THANK YOU PATRONS! * Support more videos here: https://www.patreon.com/ljfrench A Big THANK YOU to the following OCTOBER supporters: At the $50+ level: Jonathon Doh, John Steel, Gavin Barnard, Eevi, Andy, Kyle Mudrak, Verement Tayne, Sean McNamara, William Gonzalez, Michael Pearce, Grunkle Tia Marie, Terry Crisp, Richard Fournier, Michael Jones, Spirit Bear, Jan Negrey At the $5+ level: Git2DaChoppa, Arron Washington, Sara MacAulay, Keith Marrocco, Stephen Stair, Paul Mason, Georg Monsen, JH, Arya Popescu, Dustin Rodriguez, Cindy Campbell, Beef, Evan Burdge, Stephen Bank, Emeric Stexen, Jasper Nabert, Hayden Ainger, Peter M Sutcliffe, Christen C Cloar, Danil Dmitriev, Vladimír Stříteský, Lydia Collinson, Daniel Nichols, Michael Morris, Richard Shotwell, Paul Bible, Mark Randall, Jamie Sawyer, Tymoteusz Paul, Nicholas Romano, Daniel Y Ji, Justin Myers, Hannah Dernier, Sarah Gerweck, Erik van't Wout, Matthew East, Noah Emmett Buckley, Pat Delaney, Michael Howard, Mario Bonales, David Silvester, Michael Potter, DreadPirateDuo, Casey Smyth, Jamie Lawson, CheeseDeluxe, Michael Kenton, Euchale, Justin P, Lauren, Hugues Ross, charlieabelar, Oddport, Brody Eastwood, Vaylenisme, Zach Bates, Ian McDonald, Christopher Cookson, Marcus Agehall, Joe Roberts, Jenny Colby, Sam Noedel, Henrik Eriksson, CowboyChemist, Sokar117, Jonathan Robillard, Michael Russell, Sean McCarthy, Derresh, Justin Waddell, Zzyzx Wolfe, Andrew Sellers, Matthew, Haris Bukic, Doug Chase, Peter Berre Eriksen, Amanda Gillies, TikiTDO, Sheila Boettcher, Scott, Tim Springer, Christoph Bolliger, Vienticus, Christopher Schmitt, Brendan Horn, Camilla Sandman, David Haig, Nathaniel Cherry, Tony Cruickshank, Jesse Hill, Daniel, KnifeEdge, Kari Sunderland, BodhyOhs, Richard Jeffery, Michal PavelÄík, Daniel Kertesz, Bryan Mitchell, Zoe, Gregory Ford, Tron BÃ¥rdgÃ¥rd, Sancho, TwixOps, Cash Steel, News Cartridge, Druid, Johan Munkestam, Simon Dompeling, Norman Wanman, Jason Lingle, Philip Mathews II, Patrick Schaadt, Jerry Knight, jan grundey, Aaron Weaver, Lorn Augier, Chris Hendrickson, Kasierith Atrovska, David Oglesby, Rinoa Super-Genius, DreamerDon, Kris Gilmore, James, Oisin Creaner, Bruce Fong, Andrew Spahr, Dimitrios Georgakopoulos, Michal Grycel, Kate Grycel, Deetz, Stephen Christopher, Kurt Mueller, Fatal Foxtrot, TEEKAY, Stefan Persson, Edward & Hila Goikhman, Steven Hess, Miya Graves, Wes Morrison, Armando Corpus, Coleman Mavity, Frederick Cooper, Casey Kikendall, Keith Myers, HenTropy, John Peter, Carla Jean Lauter, Alys McClelland, Catherine Tetzlaff, Alisa, Eric Johnfelt, Powers Bilodeau, Dave Vike, Juliusz Wilczynski, CombatZAK, David Barker, Phagelives, Jaimeson LaLone, D Schmidt, Ashley Perkins, Dan Chevrie, Netro Shine, Will stephens, Darkwolf, Kate Ledum, Olav, James Fallon, David McGuire Jr., Nurminax, Naomi Pool, SJ Zero, Steve, Dave2 Jones, Andrew Reid, Brandon, Ian Scott, Georgio Mosqueda, Jeffrey Mancebo, Jamie Walton, EnvyingWrath, L.A. Black, sehro, HÃ¥kan Andersson, ksully, Kevin Welsh, Durga Devi, Brian Rossman, Taiki Nakamura, FunnyHats, Rob Frawley 2nd, David Foote, JP Etcheber, Markus Kitsinger (SwooshyCueb), Lord bork, Yoshiman__, Chris Lindsay, Caleb Veenstra, Anders Lundberg, Lane Mortensen, Cattus_ex_Machina

Comments

tiarawhy : Hey thanks for the great breakdown of the video! From an earlier thread on reddit I pretty much understood that the videos I made were derivative and not a parody of any kind (and in the original upload of my explanation I stated derivative as well albeit I wasn’t 100% sure at that point). I’m not mad at Turner or anything about it as this was a fan work by the fans for the fans, and they are within their rights to do whatever with these videos. The videos were seen by Justin both in when it was being made and on release (in fact he tweeted these videos himself on release and was super happy about it). The reason I made those videos were to update my fans as to where that content went, and what I’d be working on. The strange thing is as you said, they were up for 2+ years and all of a sudden were blocked. The videos weren’t monetized as turner had a “tracked” policy on them. What I think happened is this: some people were taking this and the ice cream animation and reuploading it themselves on youtube titled “R&M season 4 teaser/trailer/etc”, and many people were being fooled that it were the real thing and thus confusing the market. The ice cream animation was the first one blocked worldwide, and then about a week later so did the court case one. Thanks again for the video and telling people to sub!

ALJustice0 : This is a very Council move. Rick can't stand for this

That one dude who posted stuff : Why do porn artists make the best animations?

Lo Wang : Man people are going to find some interesting stuff when they look Tiarawhy up

Romantic Outlaw : taking down fanworks is an ugly look. I have to believe that this came down from the corporate machine, not roiland, since creators like him tend to love cool fan projects

Vinesauce Obscurities : I've actually seen Tiarawhy producing that animation during his weeks of streaming using rigs and backgrounds that he no doubt had to create from scratch. He's got a knack for attention to detail and replication, but it also skirts the line on copyright. I'm more surprised it took AS this long to respond. He's known to hone has skills for years with My Little Pony porn videos with show-accurate vectors that he had to have to create himself. However, the fact that he was producing underground content for an underground audience meant he flew under the radar of Hasbro lawyers who did issue C&Ds on MLP animators who were producing much less explicit animations using similarly show-accurate rigs. The fact that Tiarawhy decided to produce a more audience-accessible production is probably what got him in trouble here. The art style and animation were so uncanny that it managed to fool a lot of people (despite the fact that he decided to stuff in some out-of-place Futurama characters in the background), and AS figured it could be misleading to their target audience. They must had received a lot of messages from fans who wrongly attributed that animation to AS.

Gumba Masta : Remember how the creator of the show changed it from Doc and Marty to avoid copyright issues caused by the Back of Future Stuff... Ironic

M D J : They ought to hire the individual.

Joshua Blackman : where is the "I disagree with the takedown but not the content of the law or leonard's explanation" button

Baron von Quiply : I watched that animation and have to say they did a great job with it, it looked like a R&M short. Credit to the animator, regardless of the outcome.

Michael Harbach : Tiarawhy's animation brought a lot of eyes and new fans to Rick & Morty. It might not be technically fair use, but it caused no harm and did lots of good. What kind legal system allows for laws to be enforced in a manner that causes more damage for everyone?

RyGull : I actually thought that was a real skit.. i figured it was just some promo that was never in the series.

Whoofian Brony : Nothing good in the world of derivative works lasts for long without being struck down by our copyright overlords.

SouthendLad600 : There’s also a colourised version of this. That’s been up 2 years.

jb03hf : So a show... developed based on Back to the Future and which was edited on grounds of it being too close... Now takes down a video based on it. That is some hypocritical BS.

Blu3ManiC : I remember when they were live-streaming themselves animating this and it was so detailed and time consuming that I genuinely thought they were officially animating it for adult swim.

Worgen33 : The brony fandom saw a decent amount of this also. Most notably the takedown of the MLP Fighting is Magic and the videos from AsktheCutieMarkCrusaders. Both of those were professional grade fan works.

Adam Rasmussen : It fooled me. I thought it was made by A.S.

Strelok Audio Design : Mah man Tiara!

TDGFX : Absolutely not fair use- but still bummed out that it was taken down- Rick and Morty was derivative itself in the first place, the original was called Doc and Mharty after all.

Ent229 : Hypothesis: I suspect the common person on the street would define "Fair Use" as "Use that is fair" with the meaning of fair being defined by their common sense. In essence the common person's imagination of what the idealized version of the law would be.

Dia da Vinci : This explains how there are so many movie quality fan films in the _Star Wars_ universe that don't get copyright takedowns; while some have major established characters appear in them (usually briefly), but generally they have the 4 things you listed covered - in particular the first, of whether or not its transformative, the majority of them have incredible and unique storylines. Quite a lot of them are still even around, in the post-Disney era.

Milt Nation : I thought it was AdultSwim also..I loved it.

NeoAcario : The video in question has now been restored on Youtube as of 13 hours ago. Wow... that was fast.

Star Frost : Not a big fan of the premier feature. Have good monday.

J. M. : Wearing a Mr. Meseeks hat, in a video discussing a Rick & Morty copyright issue... Well done, Mr. French. :D

FetchQuestAssigner 4432 : I actually remember that skit! It was brilliant!

Marbels : i just realized that tiarawhy of all people made that. hadn't heard that name since the mlp memes from 2011-2 lets just say i dont listen to Pendulum much anymore...

messman10 : I can see that transformation as being funny, or maybe if the animation was instead of just the judge and defendant spouting off, was instead an animation of the real guy reacting to his case being voiced while watching the animation. But yeah, not fair use. Adult Swim should have just monetized the video for themselves and let it stay up. Monetizing it would have protected their rights as creators and not left a precedent opened, but would also keep the good will of the creative community. Then they should have offered the animator a damn job so they wouldn't say anything bad and not have hurt feelings. I mean, from a practical standpoint, it was good animation and shows talent, so snatch it up. On the other hand, you don't want the animator shouting angrily about Adult Swim so as to sour people's opinion: by giving the animator a reward that would be perceived to be greater then taking away part of the modernization of the video, you foster a good public appearance.

thumbwarriordx : I loved watching the livestreams of this animation being made. It was on ongoing thing for at least a week or two.

Zex Maxwell : Sure. take a camera out and ask the public.

TheAtheistPaladin : I saw it. It was hilarious, but I didn't know it was work of adult Swim or fan made.

Amit Patro : Didn't get an alert with notifications on.

mabec : I DECLARE BANKRUPTCY

stanos : I watched his livestreams working on it. It was clear it was fan made and not affiliated at least during his live streams. If he had it monetized I can see there being a problem though.

Aaron SemlerPDX : It's already back up (Rick and Morty video) and monetized by Adult Swim instead of blocked

Joseph Carriveau : Wow you've got a nice yard. You are definitely not convincing me that I should avoid law school like my IRL attorney friends...

Sean Peery : They brought it back, thank the non-existent God who brought this about.

Christopher Kendall : It's a shame that the video got taken down, but at least this will bring some attention to Tiarawhys' other projects .... that's... thats a lot of MLP porn.

Sad Koi : I've been watching your videos for over a year. WHY THE HELL HAVE I NOT SUBSCRIBED BEFORE TODAY?? I love your conversations. They're amazing and so informative.

TheRibbonRed : At this point, "Fair Use" means "Don't use our shit".

Steven M : I don’t watch Rick and Morty because my IQ isn’t high enough.😜

Jacob Lojewski : Video's back up, but with Adult Swim taking the monetization. I think this is pretty fair, all in all.

K S : What if they replaced Rick and Morty with Public Domain characters in their animation?

Mark Frellips : 'Lawful Leonard Lawyer on the Land' segments would be great fun

TheCptCoy : Ignoring the fact that the whole point of putting out a voiced, half-animated sketch was so that the community could finish it. Adult Swims lawyers just jumped the gun I think.

Nicky s : So youtube won't let e watch this it keeps saying error has occurred but I can watch other videos and have tried to reload this one

David Levy : Many people seem to believe that "fair use" means "I can use others' intellectual property in my creative works with impunity, so long as I don't charge money."

magmamaster1801 : Never thought I'd see the day you are making a video about a case involving our fandom's most well known porn creator.