I think this is correct. He doesn't own the concept of a keyboard cat, he only owns that specific expression of a keyboard cat, yes?
Nailed it.How much does the Nyan cat guy owe Kellogg's for the Pop-Tart?
I guess I could see how keyboard cat is a pretty fuzzy copyright. Although I suppose he might own the trademark "keyboard cat", and that has the timing problem mentioned in the OP. Nyan Cat is probably a stronger case. The concept of a flying rainbow cat with a toaster pastry body is probably unique enough to be copyrighted. And there's no legal issue with Pop Tarts here since Pop Tarts are also trademark, not a copyright.
How much does the Nyan cat guy owe Kellogg's for the Pop-Tart?
How much does the Nyan cat guy owe Kellogg's for the Pop-Tart?
Time for Evilore to sue.
I'm pretty sure they asked for permission. Unlike the cats, this one is a logo.
Time for Evilore to sue.
Destroyed.
Seriously guys. Pop Tarts aren't copyrighted. Have you never seen store brand toaster pastries before?
Pop-Tarts is a registered trademark of Kellogg's.
Pop-Tarts is a registered trademark of Kellogg's.
Further, both the Keyboard Cat video and the Nyan Cat video were published over five years before the application to register the copyrights were filed, thus they are not entitled to a presumption of validity afforded by 17 U.S.C. § 410(c).
Really?
Am I missing a joke?
It's true for Keyboard Cat, but Nyan Cat was created in 2011. It's impossible for 5 years to have passed since anything regarding it.
Also, too many people here don't understand the difference between a visual reference/parody, which would be hard to win a case on, and the game using the exact copyrighted terms "keyboard cat" and "nyan cat" to summon them.
So the creator of keyboard cat thinks that no one should ever be allowed to sell anything that has a cat playing a synthesizer for the next 70 years? Please get over yourself. I hope they lose this case.
Seriously guys. Pop Tarts aren't copyrighted. Have you never seen store brand toaster pastries before?
They don't fall under parody even though it was in the game's own art style?
Doesn't Nyan Cat use a copywritten song?
Doesn't Nyan Cat use a copywritten song?
I don't get why people are defending warner/5th cell. They could have at least asked first but seems they didn't even bother trying to do that. I don't think the guys will get what they are asking but they will probably come out of this with something.
keyboard cat is a performance, it can't have copyright. Sure you can try to trademark the name, but the only thing that could have copyright according to the laws of my country is the performance by itself. a cat with a piano does not constitute keyboard cat infringement.
As I previously said though, the nyan cat is something else. The design of the character can be copyrighted. If used for commercial means without permission, it's only obvious this will happen
Doesn't Nyan Cat use a copywritten song?