La Cucaracha by Lalo Alcaraz for March 30, 2010

How did Alcaraz get permission from Hanna-Barbera (when William and Joseph have been dead since repectively 2001 and 2006)?

Good ol’ «Pedro Picapiedra», his wife «Vilma» (their friends/neighbors «Pablo Mármol» and his wife Betty) and their pet dinosaur Dino.

In order to trademark or copyright a cartoon character, its features have to be exactly specified, even down to the specifications of the colors used to create the images. For example, the color of the spots on Fred’s tunic might be specified as Pantone Black #762.

In this drawing, the background color of Fred’s tunic is tan; on cels, it’s a yellowish orange. Wilma’s hair was red, not brown and Dino’s purple was a lighter shade. By not using the original colors, Alcaraz is sufficiently differentiating his depictions as parody, making them fair use.

Besides, Hanna and Barbera may be dead but their company lives on.

You saying Alcaraz does his own coloring? He must be the only cartoonist in syndication who does that.

Actually, I don’t for a second believe that the “it’s not an exact copy” defense would hold up in any IP court in America. And that’s certainly not the definition of parody.

Either Alcaraz got an OK from the corporation that owns the copyright or he’s relying on the aspects of fair use that fall into the categories of education, commentary or satire.

..but it’s true..there’s a museum in Kentucy that proves it…it’s a shame that the white community glorifies ignorance like this…they’ll be the downfall of America…

yabba dabba …….yeh, whatever

In order to be prosecutable, there also has to be a demonstrable “intent to deceive”. It’s also obvious from context that the cartoonist is not trying to pass this off as a copyrighted item; nor is there malicious intent as there was with the infamous Disneyland Memorial Orgy poster (http://ep.tc/realist/74/12.html)

Now I know where to get good legal advice. Runar, do you do wills?

Besides, this strip isn’t just “fair use”; it’s GREAT use! :-)

3hourtour may be right that “they’ll be the downfall of America”, but not in the way s/he means. First, religious fundamentalism and scriptural literalism are not limited to whites (or Christians).

Second, the main danger from the Religious Right is that they will destroy any hope of the GOP returning to a Goldwater-era, pre-Reagan/Bush party of small government. I haven’t been a Repub for about 30 years, but I see them as the only force with any chance to counter the Dems who have been taken over by the far Left.

It’s too early to know how the Tea Parties will help or hurt, and they sure didn’t have much effect on healthcare. And third-party movements only serve to help the entrenched party.

If not the Republicans, then who else could save America from unlimited government?

Love his take on the Texas issue.

Also you can’t be sued unless the likeness is exact and most importantly if you take credit for knocking off the original creator’s idea.

Good post Will, in the words of Bill Maher “the Dems are moving to the right and the Repubs are moving into the insane asylum”. The only party that consistantly holds liberal views is the Green Party.