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Hobbit Pub Saved By Actors Stephen Fry and Sir Ian McKellen

Fluffeh writes "Recently the Hobbit Pub in England was sued for rights infringement, but it seems Stephen Fry and Sir Ian McKellen are going to re-pony-up the cash to keep the pub alive. Landlady Stella Roberts said she had been shocked by the actors' offer. She said: 'I had a telephone call on Saturday evening, while we were trading, from Stephen Fry's business partner and manager. That's when he told me. I was very shocked. They've said as soon as they finish filming they would like to come down and visit the pub.' However Ms Roberts said she was not celebrating just yet. She added: 'Until everything is in black and white, on paper, we're going to be a bit reserved because it could be $100 this year and $20,000 next year.'"

54 of 169 comments (clear)

  1. Re:Pub? Where? What? by DWMorse · · Score: 5, Funny

    Because it comes in PINTS!

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  2. Re:Pub? Where? What? by farrellj · · Score: 4, Funny

    I see you are a new user here...we can let it slide this time, but any real /. user would understand why this is a story here!!!!

    ttyl
              Farrell

    --
    CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
  3. Re:Pub? Where? What? by DWMorse · · Score: 5, Funny

    Because IP law is a thing of interest to nerds, and they believe that it's stuff that matters. But maybe not to you, sooooo, quick, let's bicker on the Internets now because your preferences aren't the same as everyone elses. Your whiney post has been somewhat legitimized by my humorous comment; you're welcome, no charge, it appears you could use a little bit of a sense of humor, and I have a little extra to share with the less fortunate. ^_^

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  4. Re:Pub? Where? What? by jamstar7 · · Score: 4, Insightful

    OK, keep in mind the serious geekness of professing a love for LotR. Add to that an IP conflict in that this woman was ignored for years and now is gettin hammered on by the IP cops.

    I could go on, but you get the general drift...

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  5. Re:Bah. by Viceice · · Score: 3, Insightful

    The difference here is, from TFA:

    The pub in Bevois Valley, which is popular with students, has traded with the name for more than 20 years.

    That pub existed wayyy before the movies made the franchise famous. It's not like they decided to name the business to ride on the films' fame.

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  6. Re:Pub? Where? What? by Viceice · · Score: 5, Insightful

    Because it's a matter of freedom... of speech AND beer!

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  7. What the bloody goddamned fuck? by pla · · Score: 3, Insightful

    This needs to stop, now

    The word "Hobbit" predates Tolkein (the real one) by a good century. The prefix "hob" (from "hobbe"), with a variety of faerie-folksy suffixes, predates that by another three centuries - At least.

    JRR knew all this perfectly well, and never claimed exclusive rights to a common word used to describe the wee people of mythology. Only these asshats that have tried to cash in on Grand-dad's legacy have so poor of a grasp of the work of their ancestor as to claim it as a "copyright". He, as a proper good ol' Don, would no doubt have outright disowned his fool-descendants for their ignorance.

    Sad, really, and just one more reason we need to get rid of this entire BS charade we call "intellectual property" ASAP.

    1. Re:What the bloody goddamned fuck? by batkiwi · · Score: 5, Informative

      1. I agree this is petty bullshit.

      That said...

      2. The pub has likenesses FROM THE MOVIE. "It features characters from Tolkien's stories on its signs, has "Frodo" and "Gandalf" cocktails on the menu, and the face of Lord of the Rings film star Elijah Wood on its loyalty card."

      The name "hobbit" is only about 1% of the issue.

    2. Re:What the bloody goddamned fuck? by DerekLyons · · Score: 4, Informative

      Sad, really

      The sad part is that you actually believe your childish little rant has any bearing on the issue. You don't You're absolutely clueless.

      That word "Hobbit" predates JRR is irrelevant. That words starting with "hob" have existed in even less relevant. (Words don't even exist in any human language to express how irrelevant the latter is.)

      They aren't being sued because they used the word "Hobbit". They're being sued because they used the word Hobbit in association with The Lord of The Rings - Something JRR did claim exclusive right over by the very act of copyrighting his works. And by establishing a literary estate, he willingly and knowingly granted his descendents the right to enforce that claim.

      They're also being sued because they used imagery from the movie on their website.

    3. Re:What the bloody goddamned fuck? by Anonymous Coward · · Score: 4, Informative

      No, definitely not. However, the image of a character from the movie is definitely copyrightable, and the names can be trademarked in the context of the movie. So if you just happened to be named Frodo, you could use your name all you want, unless you attempted to present some connection with the movie (or possibly the book).

      dom

    4. Re:What the bloody goddamned fuck? by Roger+W+Moore · · Score: 4, Insightful

      But imagery from the LotR movies does not predate Tolkien, and the pub has been gratuitously using that in recent years.

      So why not tell them to stop doing that rather than trying to sue them out of existence?

    5. Re:What the bloody goddamned fuck? by drinkypoo · · Score: 4, Insightful

      I gather you have never heard of fair use.

      Congratulations, you are a big fucking idiot. There's nothing in fair use which permits the use of someone else's IP for your own economic benefit. Fair use is for education and critique. You may make full copies of any materials needed for a formal educational lesson and copy as much as needed of any work for critique. Nothing in there says "you may use small clips, stills, and other unique characteristics from privately owned works to advertise your pub"

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:What the bloody goddamned fuck? by Tim+C · · Score: 4, Informative

      I gather you have never heard of fair use.

      I gather you're not from the UK, or at least are not familiar with our copyright laws. There is no "fair use" provision. There is a "fair dealing" provision, but by my reading of the details this does not fall under it.

    7. Re:What the bloody goddamned fuck? by jo_ham · · Score: 3, Insightful

      If your business is going to be sued out of existence due to a $100 licensing fee, then you have bigger problems than trademark infringement.

    8. Re:What the bloody goddamned fuck? by mapkinase · · Score: 2

      "This needs to stop, now "

      Yes, tolerance to alcohol consumption should stop. Alcohol destroys family it's addictive dangerous narcotic, it denigrates a human to a state of an animal.

      Prohibition now!

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    9. Re:What the bloody goddamned fuck? by ScentCone · · Score: 2

      I gather you have never heard of fair use.

      What are you, twelve? No, I'm going with eleven.

      Let me guess, your BFF told you that it's OK to rip stuff off as long as you say that you did do because of Fair Use. And besides, nobody should be able to make money off of making movies anyway, since all actors, screenwriters, camera operators, makeup artists, lighting techs, editors, CGI teams, set desigers, costumers, directors, and everyone else involved are just capitalist pigs and should be forced to make stuff you want, but for free. Does that about cover it?

      The greed of the pigoplist shitheads is just getting out of control with blatant abuses of the law.

      The pub owner may indeed be greedy by using imagery from the movie in marketing her own business, but perhaps you should stop short of calling her a pig and a shithead, and just encourage her to pay an artist of her own choosing to create marketing images that don't rely on ripped off work done by people that Peter Jackson paid to work for him. Anyway, shouldn't you be in school right now?

      --
      Don't disappoint your bird dog. Go to the range.
    10. Re:What the bloody goddamned fuck? by hemanman · · Score: 4, Insightful

      The name "Gandalf" was lifted by Tolkien from Norse mythology(along with a shitload of other stuff), and was actually the name of a dwarf.

      Norse mythology is worshiped as Asetro today, and is a legit faith in Scandinavia, so if you try to trademark a name like that, you'd be violating human rights.

      It would be like trying to trademark a name from the Christian Bible, which I don't think is possible, even in USA.

      If so, I think I'll write a novel with this guy, lets call him Jesus, and sue for rights infringement!

      -H

  8. Misleading Cause by l0ungeb0y · · Score: 4, Informative

    It's not just the use of the name "The Hobbit" it's the use of Still Images from the LOTR movies in their promotional material. Essentially, these people are lifting copyrighted imagery and using it to promote themselves -- most definitely NOT cool and if I was one of the parties that ponied up hundreds of millions to make these films, I'd be a bit peeved by someone taking that work and using it without permission to make a profit.

    I can only imagine that Stephen Fry and Sir Ian McKellen do not know the full story here and possibly think that this is a matter of a harmless pub merely using the word "Hobbit" in their name and have not seen the website or promotional material produced by this pub.

    And for the record, the web site and promo material is completely amateur and quite tacky. Hopefully any money given to the pub to support them would mandate that they cease using imagery from the movies and perhaps use hand drawn illustrations by fans and artists who wish to contribute artwork for them to use.

    1. Re:Misleading Cause by Zemran · · Score: 5, Insightful

      Do you honestly think you know more about this than Steven Fry? Themed pubs are part of our culture and part of American culture and it is wrong that they are being litigated out of existence. They are not claiming to be official places, they are just pubs or restaurants and it is time that the legal system started defending them.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    2. Re:Misleading Cause by l0ungeb0y · · Score: 3, Informative

      What cultural heritage do you have to show that illustrates why "The Hobbit Pub" should be able to take still images from the LoTR films and place them on their promotional material?

      As I said in my post, I'm all for them using fan art and art inspired by the Hobbit and LoTR in general, that are original and either donated to them or placed under public license. But, taking images from the movie is indeed copyright infringement and they are making use of those works in order to profit from them. Can I make this distinction more clear? Is this not reasonable?

    3. Re:Misleading Cause by DerekLyons · · Score: 2

      Do you honestly think you know more about this than Steven Fry?

      You have failed to establish any reason to think otherwise. Just because themed pubs are "part of your culture" doesn't mean that Fry is in fact aware of the story of this particular one.
       

      Themed pubs are part of our culture and part of American culture and it is wrong that they are being litigated out of existence.

      At least here in America they aren't, and I've never heard of any such movement in the UK either... so, [[citation needed]].
       

      They are not claiming to be official places

      And here's where you go even further away from reality - because the place in question does seek to imply that it's official, by using material from the movie on it's website.

    4. Re:Misleading Cause by Anonymous Coward · · Score: 2, Insightful

      After all, the British Empire was built on stealing other people's work - just ask India.

    5. Re:Misleading Cause by Dahamma · · Score: 5, Informative

      If anyone had bothered to actually look up the details they were only asking for $100 to license the rights. As they also explained, they were legally obligated to license the copyrighted/trademarked material, since failure to pursue a known violation would allow anyone else to do the same. So they did the best thing they could, which is to preserve their IP and license the rights for a trivial fee.

      $100 to use all of the likenesses and images from the movie to promote the pub? That sounds like a great deal to me. And as the OP said, it does sound like Fry doesn't know the real story, as ponying up $100 to pay for the license is just a PR stunt.

      To quote the licensor:

      Zaentz has said: “we’ve tried to be very gracious. We said in the letter [that was sent to Roberts], rather than engage in protracted and expensive litigation, we would prefer to resolve this matter amicably.

      “We think asking for a nominal licensing fee is very reasonable. I think $100 would be about the maximum we would charge.”

      He went on to say that if he is ever in the neighbourhood then he will stop by for a drink.

      OH NO! HOW EVIL!

      Besides, it's not American culture, it's a British novel and a British pub...

    6. Re:Misleading Cause by MisterMidi · · Score: 4, Insightful

      No, they weren't just asking for $100, they were demanding to stop using "Hobbit" and all references to the book. Only after all the bad press and the support of Stephen Fry, Neil Gaiman and Ian McKellen they offered licensing for $100 a year. That's what this story is about, they're saved by this offer. What you're quoting is from when they decided to license existing businesses for this nominal fee.

    7. Re:Misleading Cause by martin-boundary · · Score: 2

      Do you honestly think you know more about this than Steven Fry?

      Of course he does. Fry's a pizza delivery guy whose best friend is a robot. Anybody knows more about... oh wait a minute. This is a pub, right? Bender knows a lot about beer, so... yeah, maybe Steven has been coached about the topic by an expert after all. Nevermind, carry on.

    8. Re:Misleading Cause by houghi · · Score: 2

      Ever been to a pub? Ever seen anything hanging around that has a trademark/copyright on it an yet was not licensed in any way? (Yet is not advertisement given to them to promote sales directly) Almost every pub I go to has them.

      What they want to do is get money. If they wanted, they could give it away for free, if that is what they actually wanted. They don't.

      Oh how noble of him to ask ONLY $100. And he is apparently not even sure about that.

      --
      Don't fight for your country, if your country does not fight for you.
    9. Re:Misleading Cause by MisterMidi · · Score: 2

      This pub was one of the first targets in a campaign by the Saul Zentz Company, demanding small businesses in the UK to stop using their trademarks. It doesn't matter in this case if the pub uses stills from the movies, because this is not Warner Bros sueing over copyrights of the Peter Jackson movies. The SZC acquired rights to the Hobbit and LOTR stories in '76, but never bothered enforcing them to small businesses, until well after Peter Jackson repopularized the stories (some 20 years after the pub started).

  9. Re:Bah. by Dyinobal · · Score: 4, Insightful

    True and in general I think it is a pretty dick move, but they are using images from the movies on their websites which I think is a bit of a no no.

  10. Re:Bah. by fluffy99 · · Score: 4, Informative

    The difference here is, from TFA:

    The pub in Bevois Valley, which is popular with students, has traded with the name for more than 20 years.

    That pub existed wayyy before the movies made the franchise famous. It's not like they decided to name the business to ride on the films' fame.

    Perhaps not, but they certainly started selling stuff with the images of the characters from the movie including putting Elijah Woods face on things. That's what prompted the legal action.

  11. Saul Zaentz's lack of character by Walt+Dismal · · Score: 4, Informative

    I'll mince no words: Saul Zaentz is and always has been an ahole. He only owns the rights to the film version of the book, he does not own the book. He ripped off Credence Clearwater's John Fogerty long ago, and then had the audacity to sue Fogerty for hundreds of millions, claiming John did not have the right to use his own riffs. He lost the suit but remained a complete dick. This man is the epitomy of wrong.

    1. Re:Saul Zaentz's lack of character by Tim+C · · Score: 4, Insightful

      Just nit-picking here but actually, I'd say that using "ahole" instead of "arsehole" (or "asshole" if you prefer) is a good example of mincing your words - rewording something so as to not cause (as much) offence.

  12. Re:Pub? Where? What? by osu-neko · · Score: 4, Insightful

    Okay, mods, that's a new one... you can't call the First Post "Redundant".

    Obviously, you can. Are you doubting the evidence of your own eyes?

    --
    "Convictions are more dangerous enemies of truth than lies."
  13. Re:Pub? Where? What? by Dahamma · · Score: 5, Insightful

    The vast majority of Slashdot readers probably thought is was both funny and a much better answer to your (cave?) troll than was deserved.

    If you can't see the point or the humor the problem may not be whether the post belongs on Slashdot, but whether you do...

  14. Re:Pub? Where? What? by osu-neko · · Score: 3

    Hobbits AND an IP infringement lawsuit AND beer! How can you even question this story? It's one of the most typical of /. stories up at the moment...

    --
    "Convictions are more dangerous enemies of truth than lies."
  15. More details by Anonymous Coward · · Score: 5, Informative

    Website of the pub: http://www.hobbitpub.co.uk/"

    Most of the "infringing material" is mere fan art like this graffiti in the beer garden: http://www.hobbitpub.co.uk/gallery/hobbitgraffiti/67/

    Even thought it is just a drawing they were asked to over-paint it.

    Here is a still from the movie used as background for a card: http://www.hobbitpub.co.uk/hobbit-cocktails/

    That's pretty much it.

    I think Steven Fry and Sir Ian McKellen are right when they call the claims "petty". How many pubs are there with images of e.g. Elvis Presley? I am sure someone has a copyright to them as well. So all auxiliary lawyers here should calm the f*** down.

  16. Re:Bah. by kdemetter · · Score: 3, Insightful

    So if I'm going to a pub, and it has Coca-Cola posters, than Coca-Cola can sue them ?
    It's a theme, that's all.

    I agree that paying some royalties, would solve this problem, but I'm sure the pub would do that, if asked, and if the cost was reasonable.
    However, in this case : they are just being fined into oblivion, after 20 years.

    However, this is not about the pub : it's a cheap way for the film producer to get the film under attention. And judging for slashdot , it's working.

  17. Ian McKellen is getting good at playing... by Lord_of_the_nerf · · Score: 4, Funny

    ...an old guy who stands in front of implacable foes. Granted, lawyers are worse than ancient supernatural fire demons.

  18. Re:Bah. by Anonymous Coward · · Score: 5, Informative

    So if I'm going to a pub, and it has Coca-Cola posters, than Coca-Cola can sue them ?

    Probably. However, usually Coca-Cola pays people to display their posters. It's called ad-ver-tise-ment.

    However, in this case : they are just being fined into oblivion, after 20 years.

    If by "fined into oblivion" you mean

    Producer Paul Zaentz told the BBC trademark law dictated it had to act against infringements of its brands, but were open to licensing the pub to use them.

    He said: "When it's an established business, we like to get the company to acknowledge they are using our trademarks, stop selling infringing articles and then we will grant them a licence for a nominal fee - approximately $100 a year.

    Please, go away and take your stupid with you before it rubs off on others.

  19. Cite needed by Shauni · · Score: 4, Interesting

    Perhaps not, but they certainly started selling stuff with the images of the characters from the movie including putting Elijah Woods face on things. That's what prompted the legal action.

    I haven't seen any indication that the character image infringement issues were what "really" prompted the action. If that were so, this would be a non-story now (since they've removed all copyrighted pictures from their website and fliers) The copyright infringement may be where the pub was most definitively in the wrong, but it is far from the core of the issue.

  20. Re:Pub? Where? What? by artor3 · · Score: 5, Funny

    It's redundant in that practically every story has at least one post saying how it's a nonstory. The guy claiming this one to be a nonstory is particularly off base in that the story involves Lord of the Rings, intellectual property law, and beer... the only way it could be more relevant to Slashdot's collective interests is if the ghost of Steve Jobs was found drinking there with Linus Torvalds.

  21. Re:Bah. by Anonymous Coward · · Score: 2, Informative

    Maybe so, but the people suing don't have the rights to the images of the characters from the movies.

  22. Re:Pub? Where? What? by digitig · · Score: 5, Funny

    It's the Hobbit pub. It comes in half pints, you insensitive clod!

    --
    Quidnam Latine loqui modo coepi?
  23. Re:Pub? Where? What? by Roger+W+Moore · · Score: 4, Funny

    It's the Hobbit pub. It comes in half pints, you insensitive clod!

    Is that a European or an American hobbit? (An American Hobbit is only 0.42 pints).

  24. Re:Pub? Where? What? by ynp7 · · Score: 4, Funny

    Either Jobs or Torvalds would need to be using a car analogy.

  25. Re:Pub? Where? What? by Dave+Emami · · Score: 4, Funny

    It's the Hobbit pub. It comes in half pints, you insensitive clod!

    "Do you think they'll make jokes about our height?"
    "Of course not! If we behave like tall people, we'll be treated tall people!"
    "What'll it be, gents?"
    "We'd like a half pint of ale, a plate of short ribs with small fries, and a short order of shrimp!"
    "That's tellin' 'im, Mr. Frodo!"
    (From The Ring and I, musical parody of the Bakshi version of Lord of the Rings, in Mad Magazine ~1978).

    --

    "The Greens lynched a hacker in Chicago. Last month, but I think the body's still hanging from the old Water Tower."
  26. Clarifying A Few Things by Anonymous Coward · · Score: 5, Informative

    I feel I should address some of the issues raised in these comments. Firstly, the lawsuit was threatened because of their name. Second, the letter Mr Zaentz sent us was certainly NOT amicable, but we're not allowed to share it for legal reasons. Regarding use of images from the movie, perhaps that wasn't very well thought through, but anyone who has been to the pub could tell you that the places these images are used don't really have a bearing on sales at all - people don't buy loyalty cards because they've got Elijah Wood's face on, and nor do they buy an Aragorn drink simply because the poster has Viggo Mortensen's face on it. The pub has never tried to piggy-back on the movies' success. It's just a slightly geeky pub run by Tolkien fans for students who wouldn't see it changed for the world. Perhaps there have been some foolish but well-meaning errors committed. There are bigger things to deal with in the world of IP than small British pubs.

  27. Re:Pub? Where? What? by advocate_one · · Score: 5, Insightful

    One does not simply walk into Mordor...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  28. What next, Comic Con? by Cazekiel · · Score: 2

    Good. I find it ridiculous that this pub can be in existence for so long without one hushed word from Tolkien's people, then BANG, IZZA MOVIE and those involved in the film (The Money) start throwing their toys out of the pram. The only way I could see this as a problem is if the place was built less than ten years ago, with every inch of wall space coated in movie stills and there was hard evidence that the pub somehow affected New Line's economic climate. Everyone involved in the films does understand how much money they've made in the last 13 years, correct? Hell, in a perfect world, people and businesses SHOULD be able to cash in on the freakin' films; we're all owed for the trickling-in of the first DVD release then OH, here's the extended edition... oh hey, five years later, theatrical... you've made your nickel, guys, let it go.

    --
    You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
  29. Re:Pub? Where? What? by MichaelSmith · · Score: 2

    Yes they should have driven.

  30. OB: H2G2 by laejoh · · Score: 2

    I can imagine the owners of http://www.hotblackdesiato.co.uk/ getting scared too :)

  31. No... by Kupfernigk · · Score: 3, Funny

    You need to have a Mordor Car.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  32. Re:Bah. by JasterBobaMereel · · Score: 2

    Form letter from lawyers that was also sent to multiple other businesses that had anything in their names relating to LOTR or The Hobbit ..

    When enquiries were made as to what had to be changed to comply, the answer was anything relating to the Hobbit or LOTR, including fan artwork, character names, and many things not actually covered by the licence SZC holds on the copyright ...

    Huge outcry fanned by Twitter and Facebook groups, Actors in the Films weigh in ....

    Suddenly SZC are all sweetness and light, and claim they only want their copyright acknowledged ...

    --
    Puteulanus fenestra mortis
  33. Re:Pub? Where? What? by ynp7 · · Score: 2

    Only if Mordor is in Soviet Russia.