This Day in GINGEROLOGY - January 15th

1879: H. Dudley Hawley (born Hughson Dudley Hawley), who starred with Ginger in the film “Young Man of Manhattan” (as the Doctor), was born in Styal, Cheshire, England.

Early 1971: Ginger divorced William Marshall; the marriage lasted just under ten years.

2012: TCM aired “Follow The Fleet”.


Next GingerFilm(s) (on TCM - all times Eastern):

January 16, 2019 @ 1:15 P.M. - Monkey Business
February 17, 2019 @ 800 A.M. - Top Hat
February 23, 2019 @ 5:30 A.M. - 42nd Street
March 7, 2019 @ &:30 A.M. - The Tenderfoot
March 15, 2019 @ 9:00 A.M. - Roberta
March 22, 2019 @ 4:15 P.M. - The First Traveling Saleslady


Wednesday, March 28, 2018

Rogers v. Grimaldi is forerunner of Olivia DeHavilland's Recent Lawsuit...

...both of which were unsuccessful...
(...I'm pretty sure this is Olivia in this pic, but... might be Joan Fontaine as well... well, for our purposes here, let's just say it's either Olivia, or her sister portraying Olivia... ) ***EDIT: Chief GingerHistorian Monica Kelly has informed that the lady in question is neither Olivia DeHavilland OR Joan Fontaine, but some...OTHER woman... so, let's just note in finality that this is a lady portraying Olivia DeHavilland... or perhaps Joan Fontaine... er.... yeah. 

In 1986, Federico Fellini's film "Ginger and Fred" was released, and set for distribution in the United States; however, Ginger (the REAL one) was NOT amused. She sued distributor M-G-M and Italian film producer Federico Fellini on the grounds of defamation, right of publicity, and her 'trademark rights', which is known as the Lanham Act (which was somewhat ironically signed into law by her fellow Independence citizen, President Harry Truman).
Ginger did not win the case, with the court noting that "The Lanham Act does not bar a minimally relevant use of a celebrity's name in the title of an artistic work where the title does not explicitly denote authorship, sponsorship, or endorsement by the celebrity or explicitly mislead as to content."
The case did spawn a new 'legal term', The Rogers Test; in general, one must show that the use of an image, name, or other 'feature' of an entity is of a 'minimal nature', such that the entity would not be adversely affected by said use.  OK - it's getting pretty tedious in here, so, I'm gonna go all Huey on y'all...

The image shown above for the film in question is QUITE misleading as to whether this is actually Ginger Rogers and Fred Astaire, at least to someone who isn't all that familiar with Ginger and Fred (at least they got the name billing right ;-) ) - of course, there's no question for Gingerologists as to the 'phony' pic above, but... how about someone who is looking for new films, with no idea about what Ginger and Fred looks like (pretty hard to believe, but... work with me here), and assumes this is a true Rogers - Astaire film? Anyway, Ginger lost the case, which doesn't sit well with me... HOWEVER... the general concept of 'how much can one use an image before it is either confusing to the public, and/or defamatory to the person's public image' is not quite as easy as it seems... the Ol' First Amendment comes into play...
(...Yeah, I know Abe didn't have much to do with the First Amendment, but... he probably would have if he would have been back in 1787... and Ginger looks so cool here... interesting she didn't have a pic beside a Washington statue, as she is in George's lineage, it is said (I would like to run that generational line down for verification, but... I'm assuming it's true...))

 ...There are quite a few instances where it makes sense that an image can be used in a 'general' sense without citing copyright infringement...otherwise, it would be purt near impossible to produce ANY movies, books, music, etc. - Lord knows that blogs would be in BIG trouble... An interesting example from right here in South Gingerville is that of the University of Alabama v. New Life Art, who produced paintings of 'great plays' in Alabama football games...  ultimately, the paintings were not considered a 'trademark infringement'. Check out around halfway down the case study, where it cites The Rogers Test. (BTW, the owner of New Life Art (Daniel A. Moore), had his kids graduate from the same school (private) as the one mine go to... so... cool, eh?)

So, the Olivia suit also generally fell victim to The Rogers Test - here's the Variety article on it, which, while not specifically citing The Rogers Test, looks to have the same reasoning described for the dismissal of the case. Even though Olivia claims she was portrayed in a demeaning manner by the FX Networks production "Feud!", it appears that unless one makes false claims against you (which IS kinda what happened here), the First Amendment overrides any grievances... in Olivia's case, the character is specifically HER, whereas the character(s) in the Ginger and Fred film were not actually supposed to be Ginger (or Fred), but a couple who 'emulated' the pair...

 With that... that is THAT.

hope y'all are having a great week... and Keep It Gingery... oh yes, be certain you also pass The Rogers Test as well... ;-)


No comments:

Post a Comment

Awards...Thanks, Y'all!!!

...I TRULY appreciate these, and the kind words regarding this blog...thanks for all the inspiration I have drawn from each of your blog sites, which are all awesome in their unique ways!!!
It is my hope that I can continue to make 'G-ology' interesting and informative regarding the 'Beautiful Science' of VKM, which is SUCH a great topic!!! ...And remember, your comments are what make Gingerology click - so keep cranking them out!

Thanks again, JW

Awarded by Gingerella on 11/18/09 AND by Sally on 01/31/10

Awarded by Gingerella on 11/18/09 AND by Sally on 01/31/10
Thanks, Gingerella and Sally!!!

Awarded by Amanda Cooper on 11/21/09

Awarded by Amanda Cooper on 11/21/09
Thanks, AC!!!

Awarded by Maggie on 02/10/10 AND by Kate Gabrielle on 02/11/10

Awarded by Maggie on 02/10/10 AND by Kate Gabrielle on 02/11/10
Thanks, Maggie and Kate Gabrielle!!!

Awarded by Camille on 03/25/11 AND by Anna on 03/29/11

Awarded by Camille on 03/25/11 AND by Anna on 03/29/11
Thanks, Camille and Anna!!!

Hometowns to Hollywood Busby Berkeley Blogathon 2018

Hometowns to Hollywood Busby Berkeley Blogathon 2018
...including the Gingerology entry of 'Gold Diggers of 1933'...