# Can you please critique this letter to the estate of Tarzan's creator? Long posts before the letter. **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 18, 2017, 5:34pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491 "2017-03-18T17:34:49Z")\ **Posts on this page:** 20\ **Page:** 11
**Author:** ![Bill\_Door](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@Bill\_Door](https://boards.straightdope.com/u/Bill_Door)\ **Post date:** [March 22, 2017, 10:17am UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/201 "2017-03-22T10:17:20Z")
Is this case similar to that of Universal studios being granted a copyright not for the character Frankenstein, but for the visual representation created for the film? The book and character had long been in the public domain, but Universal can, and has, strongly defended its right to the image that was originally used in the 1931 movie. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 22, 2017, 12:29pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/202 "2017-03-22T12:29:43Z")
> [@Kadmos1](#): > > I don’t know when but I do plan on reading some of the original Tarzan books. I am about done with this foolery. > [@](#): > > Don’t worry, the only time I would use “Tarzan” in the title I am not worried because you are never going to do anything. You’re not going to read an original Tarzan story, you’re not going to write one, and you’re not going to challenge any of the Burroughs estate’ intellectual property rights. You also show by this statement that you haven’t actually understood any of the concepts being discussed here. [/quote] > [@](#): > > "Copyright restoration (or rulings that would act as copyright restoration, especially the _Abend_ ruling) of a foreign or domestic work is unconstitutional. Hah. Do you even know what copyright restoration means? If you did you would know that the Supreme Court has already found copyright restoration to be constitutional in some cases. And your attempt to shoehorn trademark rights into the concept of copyright restoration in such a broad way isn’t ever going to impress anyone. > [@](#): > > For example, if a TV episode has material from still copyrighted source material (like an earlier TV episode), that PD episode and all the material in that episodes stays in the PD. This is never going to happen. A fundamental concept of copyrights is that any author who comes up with creative and original expression will have rights in that creative and original expression, even when it is merely adding to an existing work. You are basically trying to rob authors of their own new creations. The rest of this I’m going to dispense with because it’s nothing but a wish list of robbing creators of their rights by someone who hasn’t and won’t create anything of value. Someone who is so worked up about a century old series of books he hasn’t even read. > [@Kadmos1](#): > > Be it my rants here or others, all the posts here do have valid points … They are a jumble of poorly understood legal concepts and a lack of respect for the rights of people who are actually creating things of value. ---
**Author:** ![Kadmos1](https://avatars.discourse-cdn.com/v4/letter/k/13edae/32.png) [@Kadmos1](https://boards.straightdope.com/u/Kadmos1)\ **Post date:** [March 22, 2017, 12:55pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/203 "2017-03-22T12:55:39Z")
Hey, someday I will hopefully be actually creating things. Said Tarzan stories would be years from now. ---
**Author:** ![Kadmos1](https://avatars.discourse-cdn.com/v4/letter/k/13edae/32.png) [@Kadmos1](https://boards.straightdope.com/u/Kadmos1)\ **Post date:** [March 22, 2017, 1:01pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/204 "2017-03-22T13:01:10Z")
Th IP-Watchdog blog post “Supreme Court OKs Public Domain Works Being Copyrighted” (1/19/2012) has founder/editor and patent attorney Gene Quinn actually bring up a valid point on copyright restoration: > [@](#): > > The Copyright Clause to the United States Constitution gives Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” In something of a historical oddity, at the time of the Constitution the Clause mentions “science” relating to copyrights and “useful arts” relating to patents. That was how the terms were used back in the late 1700s. Notwithstanding the language peculiarity, exactly how is progress promoted by snatching works from the public domain and restoring copyright protection? A good question, but one that did not receive a thoughtful or logical answer. Dude, this 2380-word blog/rant is something I could listen to an audio book of over and over. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [March 22, 2017, 1:12pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/205 "2017-03-22T13:12:53Z")
> [@Kadmos1](#): > > Hey, someday I will hopefully be actually creating things. Said Tarzan stories would be years from now. It is just _so_ sad that the _only_ thing preventing you from becoming a successful, widely read author is your inability to use a trademarked character in your fiction. Surely the world shouldn’t be prevented from reading the incredible stories you can create? ---
**Author:** ![Knowed\_Out](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/knowed_out/32/7380_2.png) [@Knowed\_Out](https://boards.straightdope.com/u/Knowed_Out)\ **Post date:** [March 22, 2017, 1:12pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/206 "2017-03-22T13:12:58Z")
OP, even if the copyright/trademark issues were set up in your favor, what do you think you’ll be able to do? You’ve already said you have little experience at writing, and haven’t read much Tarzan source material to being with. If you manage to scrape together a Tarzan book, why would anybody want to buy it?You have no name recognition, Tarzan movies don’t do that well at the box office, and the ape-man isn’t nearly as popular as he was _last century._ ---
**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\ **Post date:** [March 22, 2017, 1:24pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/207 "2017-03-22T13:24:49Z")
> [@Kadmos1](#): > > Hey, someday I will hopefully be actually creating things. Said Tarzan stories would be years from now. Yeah, no. ---
**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\ **Post date:** [March 22, 2017, 1:40pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/208 "2017-03-22T13:40:35Z")
> [@Kadmos1](#): > > Hey, someday I will hopefully be actually creating things. Said Tarzan stories would be years from now. Yeah, let us know. :rolleyes: ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [March 22, 2017, 2:24pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/209 "2017-03-22T14:24:51Z")
Kadmos1: You can get around these rules by obscuring things just a little bit. I suggest that instead of “Tarzan”, call him “Zartan.” And instead of in the jungle, have him live in a bayou. Write a few of those stories and sell them. ---
**Author:** ![Kadmos1](https://avatars.discourse-cdn.com/v4/letter/k/13edae/32.png) [@Kadmos1](https://boards.straightdope.com/u/Kadmos1)\ **Post date:** [March 22, 2017, 4:08pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/210 "2017-03-22T16:08:03Z")
If we have statutes dealing with private property being made public property (eminent domain), the same should be more explicit on the opposite happening. ---
**Author:** ![Calatin](https://avatars.discourse-cdn.com/v4/letter/c/439d5e/32.png) [@Calatin](https://boards.straightdope.com/u/Calatin)\ **Post date:** [March 22, 2017, 5:25pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/211 "2017-03-22T17:25:23Z")
> [@Darren\_Garrison](#): > > Kadmos1: You can get around these rules by obscuring things just a little bit. I suggest that instead of “Tarzan”, call him “Zartan.” And instead of in the jungle, have him live in a bayou. Write a few of those stories and sell them. And make sure it is a realistic, down-to-earth novel that’s completely off-the-wall and swarming with magic robots. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [March 22, 2017, 5:49pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/212 "2017-03-22T17:49:20Z")
> [@Kadmos1](#): > > **Can you please critique this letter to the estate of Tarzan’s creator?** Your letter has been thoroughly critiqued, and during the discussion your follow-up points have also been thoroughly critiqued, but you are unwilling to accept the learned criticism and you keep recycling the same points. In 1972 the Buffalo Children’s Zoo had a tapir. When observers fed it a carrot, the tapir would have erection, but being built low to the ground as tapirs are wont to be, it would step on its own penis and lose the erection, at which time the observers would feed it another carrot. Dude, yer steppin’ on yer own dick. ---
**Author:** ![Knowed\_Out](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/knowed_out/32/7380_2.png) [@Knowed\_Out](https://boards.straightdope.com/u/Knowed_Out)\ **Post date:** [March 22, 2017, 6:53pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/213 "2017-03-22T18:53:43Z")
> [@Kadmos1](#): > > If we have statutes dealing with private property being made public property (eminent domain), the same should be more explicit on the opposite happening. The opposite, as in public property becoming private property? When the municipal government sells it. ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [March 22, 2017, 7:26pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/214 "2017-03-22T19:26:53Z")
> [@Kadmos1](#): > > If we have statutes dealing with private property being made public property (eminent domain), the same should be more explicit on the opposite happening. Not sure what you’re saying here. Are you saying that someone should have explained trademark law to you earlier? I’m pretty sure you don’t have more than a general idea of eminent domain, either. If a government entity makes you an offer on your property, get a lawyer. (Eminent domain is a last resort. It always starts with an offer to purchase.) ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [March 22, 2017, 7:48pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/215 "2017-03-22T19:48:16Z")
> [@Muffin](#): > > In 1972 the Buffalo Children’s Zoo had a tapir. When observers fed it a carrot, the tapir would have erection, but being built low to the ground as tapirs are wont to be, it would step on its own penis and lose the erection, at which time the observers would feed it another carrot. So the lesson we should all take from this thread is–tapirs _really_ like carrots? ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [March 22, 2017, 8:44pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/216 "2017-03-22T20:44:09Z")
> [@Darren\_Garrison](#): > > So the lesson we should all take from this thread is–tapirs _really_ like carrots? Are you happy to see me, or is that just a carrot in your feed trough? 😃 OP: If you think you can bring us around to your POV by your endlessly repeating your same arguments, just louder and slower each time, let me assure you. It won’t work, because we have this unfortunate tendency to rely on actual facts in evidence, not idiosyncratic self-defined terminology and our own assumptions. We can’t buy into your arguments because they’re based in how you think things should be, not how things actually are. You’ve confused your opinion with some greater law that is binding on reality. In fact, cultural reality is shaped by law as it is, not how we think it should be. Feel free to send your letter as is, since we can’t improve on it in any fashion you would approve of. I’m sure it’ll be no less effective at its intended recipient as it is here. ---
**Author:** ![Mince](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@Mince](https://boards.straightdope.com/u/Mince)\ **Post date:** [March 22, 2017, 10:13pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/217 "2017-03-22T22:13:53Z")
> [@Debillw3](#): > > I mean, I haven’t seen “Tarzan Goes to Walmart” yet. I have, it’s not that good. I actually found it in the Walmart $5 bin. The 86 minutes it takes to watch the movie is better spent soldering your eyelids closed. ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [March 22, 2017, 10:57pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/218 "2017-03-22T22:57:42Z")
> [@Darren\_Garrison](#): > > Kadmos1: You can get around these rules by obscuring things just a little bit. I suggest that instead of “Tarzan”, call him “Zartan.” And instead of in the jungle, have him live in a bayou. Write a few of those stories and sell them. Like naughty pictures of Vetty and Beronica. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [March 22, 2017, 11:05pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/219 "2017-03-22T23:05:13Z")
> [@Muffin](#): > > In 1972 the Buffalo Children’s Zoo had a tapir. When observers fed it a carrot, the tapir would have erection, but being built low to the ground as tapirs are wont to be, it would step on its own penis and lose the erection, at which time the observers would feed it another carrot. Ignorance…fought. :dubious:😕 ---
**Author:** ![Mince](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@Mince](https://boards.straightdope.com/u/Mince)\ **Post date:** [March 22, 2017, 11:34pm UTC](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491/220 "2017-03-22T23:34:59Z")
> [@Trinopus](#): > > Like naughty pictures of Vetty and Beronica. Sauce plz? [Previous page](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491.md?page=10) [Next page](https://boards.straightdope.com/t/can-you-please-critique-this-letter-to-the-estate-of-tarzans-creator-long-posts-before-the-letter/782491.md?page=12)