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Friday, August 10, 2007

Who Owns 12 in 12?

Once upon a time there was a fan on comments who had a wild idea:



QtheC March 2nd, 2007 at 2:49 pm
Dear CREATORS,

I just had a great idea, an idea I know everyone will love, (unless they are jealous and brain-washed by the Order). My idea is :

24 videos in 24 hours!

Yes, kind of like the TV Show 24, or some really unwise drinking games from college, you would post a video every hour on the hour for 24 hours, each one moving the story along in real time.

If this is as great as I imagine it could be, you could plan such an “event” periodically to generate a lot of excitement in the LG15 fan community, and at the same time, give the story some milestone points that everyone can start to anticipate. End some big story threads, start some new ones. A few big KAPOW! moments when everything changes.

Periods between these “milestones” may or may not be considered “seasons” - but I wouldn’t want things to get too regular, just enhance anticipation… your storytelling friend.

Yours Truely,
QtheC

...and there was lots and lots of talk about the idea. Fans debated how it could be done and how many videos could be used to make it a practical idea.


24 in 24: How can it be done?
by immortal1 on Wed Apr 11, 2007 1:16 pm

Not my concept but I love it! It's basically showing 1 episode per hour for a 24 hour period.

24 episodes advances the story a lot. I think it needs to be one self contained story that occurs in real time. In other words all 24 episodes would take place the same day ala the TV show 24.

That is still probably too ambitious, I think 12 in 12 might be better representing the daylight hours or the nighttime hours.

The story would have to provide the reason for uploading every hour. I'd introduce a plot device called a "ticking clock" which is basically a race against time. An event occurs in the 12th hour that the heroes need to achieve or prevent.

I think as the story stands there are 2 big obstacles 1)there is no B plot and 2) all the characters are together. If you had a B plot with it's own characters running parallel to the main story you could do a crossover with characters from both storylines uploading their own vids. Bree, Daniel, Jonas, Alex, the Order and say a character from the B plot. 2 vids per character puts you at 12 vids. Or as the story winds up they can start to meet up 2 at a time until they are all in a vid together. You'd obviously have to have more than one crew going together at the same time.

Here's the best part, an event like this would give the fans an opportunity to invite friends over to watch or meet up and watch the vids in groups at local organized fan meet ups.

Ok maybe this is the best part-I don't see how sponsors or advertisers wouldn't be all over it.

The bottom line is it can be done.

The idea became so popular it became codified as a Breeniversism.



..and then one day that idea came into beeing when the Creators announced 12 in 12 and there was much happiness in the Breeniverse and all enjoyed the Season 1 finale.

But then one inquisitive fan wandered off to thier local Trademark web site :
Clicked on "Search"
And then on "Free Form Search"
And typed in "Lonelygirl15:
And to their suprise guess what they found:



And then with one click more, all was revealed:




Who knew the Creators have filed for a Trademark for 12 in 12? I thought that was a fan idea?
---
modelmotion said...
My understanding is that a legal trademark comes into existence when a "mark" is first used in interstate commerce and the owner of said mark intends to protect it as a trademark of their product. The registration of a trademark helps in the enforcement of the trademark but it only applies to the specific area(s) of commerce where the mark was used (e.g., entertainment, apparel, etc.). The first use of 12 in 12 in commerce was probably August 3, 2007, so in that regard the Creators (Miles Beckett, Mesh Flinders, Greg Goodfried) did nothing illegal. However it would have been better if 12 in 12 had not been trademarked because this has the effect of stifling creativity since no other maker of a video series (immortal1, Q or other wise) can now use that name, or any other similar name, that could cause confusion in the marketplace as to the owner of the video series.
---
Anonymous said...

Someone posted the story on digg.com - here's a tinyurl link:

http://tinyurl.com/2hl52n

Everyone go there and digg it!
---
Note: For a full discussion of 24 in 24 and 12 in 12 go here.



EDIT by QtheC:

Just a couple of notes about this article. I just read it and a PM about it, but did not write it.

I appreciate Modelmotion taking the time to give credit to fans who contribute ideas, and it's nice when the Creators give shout outs, etc. I thought it was cool the way they included Voyboy in the finale and when characters mention specific fans (as Jonas did in the summary video leading up to the finale for the "Camp Play" solution). But I don't think it is fair or reasonable to expect credit for everything we, as fans, suggest or think was our idea (most ideas are not as original as we imagine).

In the case of the finale event, and 12 in 12, the thought did occur to me that it would have been nice to see fans credited with the idea in some of the announcements leading up to the event. It was a little odd not to at least make a general statement that this was a fan-based idea, given the Creators' past habits of demonstrating their interest in being responsive. But the truth is, I have been touting my own horn about this idea for so long, that it's kind of absurd for me to ask for even more recognition. I posted ::::: 24 videos in 24 hours™ ::::: as well as ::::: Gemma vs. Bree Kung-Fu Fighting™ ::::: and a few others such things many times. The little ™ symbol was really a joke just because I had posted the same thing so often.

One thing this article missed was the first occasion when the Creators heard and acknowledged the idea. That happened during the Mixed Media Live show with Miles, Greg, and Jackson on April 11, 2007, when I posted the "::::: 24 videos in 24 hours™ :::::" in the chat window, and the Miles mentioned it on the air, when he reacted to chat comments saying "I love the 24 in 24, people are talking about 24. You guys are amazing. So you want us to do 24 videos in 24 hours... you realize that we would literally die..." and "I don't know how we could physically ever do that. I like the idea." and Jackson said "I like it too, I'm down." That was fun. I have the audio saved because I was going to make a video (and still might) to include some funny things Jackson said "Luv2Luvem, that's hot" and "Being in love with Erica M Rocks takes up most of my time."


Also, in fairness, I was the one that posted the phrase on the "Breeniversisms" page, giving myself credit there as well.

So this is what I think about this. If you post something online, it pretty much becomes public domain. It is kind of a silly thing to trademark, I think, but maybe that was needed for the Creators' deal with MySpace since there was some associated graphic/ad work - I don't know. It does make me think they might plan to do more "12 in 12" events, which is a good thing.

I don't agree with the suggestion in some of the comments on this article that it would be fair to make a legal claim against the Creators for making some use of an idea that was posted on their website by a fan asking them to do just that. And I don't think a posted Terms of Use on such a website is necessary for this to be true, though it is probably a good idea for them to protect themselves with some such legalese. This is how I feel about it, whether it is legally correct or not. Otherwise, fans could post every possible story-related idea they can dream up, and the Creators would have to either avoid everything posted, shut down the website, or negotiate with each fan who happens to post something close to what they intend or later choose to produce.

I do not claim any kind of "ownership" of the idea. Serial programming and serial storytelling is nothing new. See Charles Dickens, for instance. The media has changed from periodic magazines to online videos, making a "real-time" emulation possible, but that's a matter of technology, not really a fundamental concept in storytelling. There are a multitude of prior art examples.

I don't expect direct credit or a shout-out every time I throw an idea into the ring and something later occurs that seems to be, but may or may not actually be the result. It's cool for me that this idea had enough traction that some others, such as Immortal1 ran with it with his forums posting, others chimed in, and the Creators responded by making use of it. I have no problem with them doing what they did or making money from their show. Making deals and money is what allows them to continue producing a show that most of us consume for free. If you think they are getting rich from this show, you are probably mistaken. But if they do, at some point, finally cash in, they will have earned it by their own efforts. It is a difficult and admirable thing to create a business from scratch, and even harder to find a way to make it succeed.

It would be nice if the Creators, in the press related to the finale and in interviews, etc., would mention generally that this idea of videos each hour came from fans originally.

But while I do operate here as a fan under the pseudonym "QtheC" or "QuinceTheCarpenter" ... that's also just a fictional entity, and not the real person behind that online entity, so what do I, the man behind the Q, really care about credit? If I did make a claim, it could be humorous trying to prove I am the real "QtheC."

By the way, I hereby retract any request for 24 in 24. As Immortal1 suggested, 12 at a time was more than enough. For the Lonelygirl15 season 2 finale, I want 12 videos, 4 per day for 3 days.

::::: 12 in 3 for LG15 F2™ :::::

(sorry this is so long and repetitive - I'm too lazy to be concise)

Additional EDIT by QtheC:

Note on August 5, 2007, Miles posted this on the forum:
I played a major part in the 12 in 12... I decided to do it because you guys suggested it, and I wrote the whole thing with a couple other writers.


---
Greg said...
Hey everyone,

So, first of all, of course it was your suggestion for us to do 12 in 12. It all came from QtheC suggesting a 24 in 24. Very cool. We thought it was an awesome suggestion and we did it because we knew you guys would love it and we want you to enjoy the show.

For legal reasons, and so no major corporation could take the idea that we spent a ton of time and money executing, we trademarked it. It was our attorney's suggestion (I don't practice law anymore, thank God).

Oh, you should know that Miles and I credited you guys with coming up with the idea in the all the interviews we did... whether or the not the reporters chose to write that was out of our hands. We do what we can. I'm sure you know (as we've learned) that reporters write whatever they want... just ask Amanda who we mention in EVERY interview and never makes print.

Thanks.

Greg

30 comments:

  1. OK this post makes me made!

    for many reasons:

    1) Because Q posted that, it is protected until internation copyright law. Immo also aided in perfecting it,so his ideas are as well protected.

    2) This was writen WELL BEFORE the TOS was, therefore can not legally be fund under the TOS act.

    3) The creators can not legally trademark someone elses idea without proper payout.

    Greg knows this. We all know it. He's an advocate for creative commons. Duh of course he knows it.

    ReplyDelete
  2. see....I'm mad. Bad typos

    ReplyDelete
  3. We knew this, Ive been waiting for someone to ask if QtheC deserved something. He earned something. Come on guys, we fans are resonable, reason with us

    ReplyDelete
  4. I don't see how this is an issue. sorry.

    ReplyDelete
  5. QtheC came up with the concept, and immortal1 was the first person to use the phrase "12 in 12" in a forum post back in April.

    Neither appear to have been consulted for permission to use their idea, nor were they thanked or mentioned in the massive press the "12 in 12" received.

    So I guess from here on out, all forum users can expect The Creators to take any of your ideas that they like and use them without giving you any credit or compensation!

    In that way, Lonelygirl15 is truly revolutionary!

    ReplyDelete
  6. Its crazy FK'D UP that they'd do his idea and register it without even talking to the fans who came up with it.

    WTG CREATORS!

    If your fans are gunna write your storys and come up with ''your'' best ideas ya should at least credit them!

    ReplyDelete
  7. Well heres the deal with that idea, Under the TOS they technically don't have to. Like they should because of ethics and morals and .... your know niceness (sorry i have a couple of beers in me). But where this was originally though up back when the first Character chat happened (I remember talking to someone back then about it) It's technically not protected under the TOS, but they still can say "hey it's on our site, so it's protected no matter what date."

    ReplyDelete
  8. Well actually the first time 12 in 12 appeared anywhere it was on the forum because that's where I suggested it...
    http://www.lonelygirl15.com/forum/viewtopic.php?t=8630

    -immo1

    ReplyDelete
  9. Someone posted the story on digg.com - here's a tinyurl link:

    http://tinyurl.com/2hl52n

    Everyone go there and digg it!

    ReplyDelete
  10. http://digg.com/business_finance/LG15_turns_FANs_IDEA_into_PRESS_TRADEMARKS_IT_NO_CREDIT_THANKS_GIVEN

    ReplyDelete
  11. Someone needs to do their reading on the differences between a trademark and a patent

    ReplyDelete
  12. Ummm . . . did anyone notice the filing attorney's name is Lucy? O.O

    ReplyDelete
  13. Is this the resistance? Where do I sign up?

    ReplyDelete
  14. Immortal1 came up with the name, so both at least deserve credit (it's the classy thing to do).

    I'm curious how QtheC would feel if lg15 made $1,000,000 from MySpace? What about $500,000? What about $100,000?

    My advice is to not be so quick to bend over and take it. Even a hack lawyer could get them to settle with you for an "idea by" credit and a few thousand dollars.

    ReplyDelete
  15. RUNS TO LG15.COM TO READ ALL OF QUINCE'S OLD POSTS FOR OTHER IDEAS TO 'BORROW.'

    THANKS, Q!

    LOVE,

    THE CREATORS

    ReplyDelete
  16. I'm so tempted to turn anonymous comments off, but I think Modelmotion would not be pleased. And it is annoying/discouraging for some to have to sign up for something and log in just to post a comment. I just like to know who is posting each comment, so it feels more like a dialog.

    ReplyDelete
  17. All you have to do is select "other" in "the choose an identity section" (directly below in the comment window) and then type in your name (like I have done here) - no need to log in! I think if you leave a comment it is courtious to also leave your name!

    ReplyDelete
  18. qthec, I can post under virginian9000 for now on, if you would like that. That would be one less anonymous for you.

    It's just easier to click "anonymous" when posting. That is why everyone does it.

    And I do think the comments will fall if you made everyone log in. I would not do that. Just encourage everyone to pick a handle.

    ReplyDelete
  19. Well, I understand where q is coming from. I get what he's saying. I understand why no one would want to bring up the legal aspect of it because they would be gearing up for the long haul. However, I'm not really looking at it from your point of veiw Q. I'm looking at it like "Wow. Here's another little backstab they pull on the fans. It was a collaborative effort. Sure Miles wrote and arranged the thing, but the community came up with the idea and perfected how to pull it off. NOT THEM." It's frustrating! Especially KNOWING that there is a group of lawyers on their team. It's a BIG screw up for them, it's a big mistake. I don't know if it was purposeful or not, but to me, it feels like a big backstab. And it almost cements the ideas about the TOS that everyone has. No matter who the creator really is, everything comes to rest as theirs.

    ReplyDelete
  20. Karma is a b*tch and it goes around twice as hard. Dont worry Q and Immo1 as soon as word gets out there more I bet LG15 will have even less fans. More so they are going to lose the respect and involvement from the community if this is the way they play.

    ReplyDelete
  21. I agree with a lot of what QtheC says on the matter. I made that thread with the intent of convincing the Creators that there was a viable way to do the concept. So now that I think about it, it was more of a gift. However this is exactly the kind of thing people feared would happen under the new TOS. So I understand why ownership is being discussed.

    I think the larger issue is one of credit. Is it ok to pass off ideas as your own when creatively so many others were involved? Fans make suggestions all the time and the Creators look to the fans for input, that interaction is a stated goal of the project. It would be unreasonable for fans to expect credit all the time. If there is something specific where it's obvious a fan or fans played a part creatively, I don't see the harm in acknowledging with a "based on a story by" credit. Every vid has a "story by" apart from the vidplay credit that lists seemingly everyone who is on the creative team.

    I continue to make suggestions although admittedly much less frequently. The motivation for someone to contribute creatively is all but gone. As a smart person recently told me "feed the crew." Just a thank you can go a long way.
    -immortal1

    ReplyDelete
  22. My understanding is that a legal trademark comes into existence when a "mark" is first used in interstate commerce and the owner of said mark intends to protect it as a trademark of their product. The registration of a trademark helps in the enforcement of the trademark but it only applies to the specific area(s) of commerce where the mark was used (e.g., entertainment, apparel, etc.). The first use of 12 in 12 in commerce was probably August 3, 2007, so in that regard the Creators did nothing illegal. However it would have been better if 12 in 12 had not been trademarked because this has the effect of stifling creativity since no other maker of a video series (immortal1, Q or other wise) can now use that name, or any other similar name, that could cause confusion in the marketplace as to the owner of the video series.

    ReplyDelete
  23. This comment has been removed by the author.

    ReplyDelete
  24. I did some research, and if Q or Immo or anyone wanted to push the legal side, this would fall under the same catagory of what facebook is going through right now (facebook's case is being thrown out i think because of lack of evidence on the prosecutors side). But ModelMotion is right. its understandable what and why they did it, it's kind of a dumb move on all stand points.
    But from Q's side, a lot of people would just laugh at it because of the public domain issue. While sure is CAN be viewed as copyrighted if the author is in agreement with it (even if there is CC license on the entire site, it's not up to the site directors or the creators, it's up to the contributing author no matter what the TOS says) (this acually goes for all fan material btw, if the creators use anyones ideas, they MUST be credited and notified. Yay for journalism law text books!), a lot of people view anything that is posted on the internet as public doman (which isn't 100% fact, but it's a flexiable concept. once again: YAY for journalism law textbooks!)

    ReplyDelete
  25. and this is the last comment I SWEAR! lmao

    ReplyDelete
  26. Hey everyone,

    So, first of all, of course it was your suggestion for us to do 12 in 12. It all came from QtheC suggesting a 24 in 24. Very cool. We thought it was an awesome suggestion and we did it because we knew you guys would love it and we want you to enjoy the show.

    For legal reasons, and so no major corporation could take the idea that we spent a ton of time and money executing, we trademarked it. It was our attorney's suggestion (I don't practice law anymore, thank God).

    Oh, you should know that Miles and I credited you guys with coming up with the idea in the all the interviews we did... whether or the not the reporters chose to write that was out of our hands. We do what we can. I'm sure you know (as we've learned) that reporters write whatever they want... just ask Amanda who we mention in EVERY interview and never makes print.

    Thanks.

    Greg

    ReplyDelete
  27. Thanks Greg.

    I think Immortal1 and I should collaborate on more ideas for LG15 or even scripts. ;)

    ReplyDelete
  28. alright ... i 'm just gong to say one more thing and THEN i'm out...god I'm horrible.
    I went through some more forum posts, and they did give us credit on the web site which is what matter.
    I loves greg and miles and mesh. I was just really irked by this. But there is a post in one of the forum threads abut this thanking Q for the idea, which covers everything.
    blah blah blah. yadeyadeyada.

    ReplyDelete
  29. Found this story @ DIGG.COM

    I've watched Lonely Girl since last year but never registered on the boards.

    I certainly won't be doing that now!

    I also won't be watching the videos anymore. Just unsubscribed.

    Bree is dead and the people running the show are CROOKS.

    STEALING FROM YOUR FANS = NOT COOL.

    ReplyDelete
  30. New statement in the forum from the Creators regarding upcoming TOS changes. Please review and share your thoughts.
    http://tinyurl.com/2s2zwk

    ReplyDelete




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