Batman
Character » Batman appears in 23666 issues.
Bruce Wayne, who witnessed the murder of his billionaire parents as a child, swore to avenge their deaths. He trained extensively to achieve mental and physical perfection, mastering martial arts, detective skills, and criminal psychology. Costumed as a bat to prey on the fears of criminals, and utilizing a high-tech arsenal, he became the legendary Batman.
How To Get Away With Making Batman XXX: A Porn Parody
When I first heard about Vivid Entertainment's plans to release parody films of some of my favorite comic book characters, I admit I was not surprised. In fact, I really can't believe they had not thought of making them sooner considering the number of f an-made superhero parody movies there are on Youtube. Having said that, I was a teeny bit uncomfortable with the idea of a Batman porn parody. I mean, it's Batman. He is iconic. No one wants to see that- well I am sure some of you do, but I'm really not interested.
While I don't blame DC Comics for avoiding the issue entirely when the topic first raided the internets, my question was not why, but how? How exactly was it legal for a company like Vivid to take the image of a recognizable, copywritten character and essentially profit from the brand without getting slapped by Warner Brothers with a lawsuit? We caught up with Vivid and asked their public relations representative a few questions regarding the legality of the film.
== TEASER ==
Comicvine: Can Vivid legally use the DC/WB trademarked name "Batman" in the title of the new movie in question? If so, how/why is this possible?
VIVID ENTERTAINMENT: In a long line of case law, courts have routinely held that use of a title, such as the one at issue in Batman XXX: a Porn Parody, to be acceptable as long as the title has artistic relevance to the underlying work and it does not explicitly mislead the consumer as to the source or content of the work.
No reasonable person would be misled about whether DC Comics is the sponsor of Vivid’s xxx parody movie.
I can agree that since the term "parody" is utilized in the title of the film, it would be difficult for any "reasonable" individual to be misled that this film is anything other than a farce comedy of the classic Adam West Batman series; but making assumptions about what a reasonable person would think? Tsk tsk. Additionally there is the issue of the term "superhero's" and the legality of it's use by Vivid. The term is shared jointly by Marvel and DC Comics. According to Vivid's press release, however, the word is being used to describe a new genre of adult movies which will be released by Vivid. So how can Vivid legally use the word "Superhero"? After reading their explanation, I am still unsure.
Comicvine: According to Vivid's press release you cited the formation of "Vivid-Superhero." Aren't the rights over the term "superhero" jointly owned by DC and Marvel Comics?
Vivid Entertainment: The "Vivid Superhero" or “Vivid SuperXXXhero” imprint is being used to identify the movie Batman XXX: a Porn Parody along with several different planned parody movies.
The term “parody” may be described as when one artist, for comic effect or social commentary, closely imitates the style of another artist and in so doing creates a new artwork that makes ridiculous or comments on the style and expression of the original.
Batman XXX: a Porn Parody and the parody movies planned by Vivid are and will be transformative (different from the original), and do not and will not adversely impact the commercial value of the original work as they operate in completely different markets
No reasonable viewer would mistake the original series “Batman” as anything other than the target of a parody.
So essentially, they claim that they are protected in utilizing the term Superhero as a parody as well based on it being a parody. I will give it up to Vivid Entertainment for being creative, though. Realizing that the film market is being flooded with superhero films, and that these characters are extremely profitable, they found a way to capitalize on some extremely profitable brands. With the adult film industry on a rapid decline since audiences realized they could stream smut free of charge, it seems that Vivid has found a way to make some porn profit. To read more about the decline of the adult film industry, check out this breakdown from Forbes.
What do you guys think? Are you okay with seeing your favorite heroes in adult films? Should the adult film industry be allowed to capitalize on brands like Batman?
"I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff.
" @Krakoa said:.....bastard"I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
I don't like it. BatMan is one of my all-time favorite superheroes. Personally, I wouldn't watch this regardless of whether I was okay with it or not, but I just don't like the idea of a character like Bats being parodied in a porn flick. To me, it just seems like a disparagement of the character.
How can anyone claim ownership to the term "superhero"? NOT defending Vivid, but superhero is a bit of a loose term, isn't it?
@Babs: I am impressed you had the wherewithwal and maturity to approach this company and ask these questions.
Most parodies I've seen that have not been adult or XXX rated have been not-for-profit and done by fans, mainly shown on YouTube as we all know.
This is different. Vivid is clearly going to pursue profit and PERHAPS this may be a factor for Warner Bros. to pursue copyright, trademark, and legal infringement. If nothing else, WB may be able to put this video on hold if they pursue a court case. Question is, which is the bigger entity with more $ to spare?
There is more I'd like to add but let's just point out Vivid is getting attention for this, whether it or not it is allowed to sell.
I'm really glad you wrote this, Babs. Like yourself, I wasn't surprised Vivid would want to make this, but I was really confused about how they could from a sheer legal standpoint.
It sounds like they are using the parody protection clause that was further enforced by "The People vs Larry Flint". No, I'm not talking about the movie. If I remember correctly. That decision was made about the use of a person's face. Has it been used involving copyrighted material? There was that whole trouble with Mark Millar's Nemesis when just the implication of Batman was used to describe the series.
This is something that caught my eye:
It's the use of the term "new genre". The person from Vivid you interviewed even went on to say," According to Vivid's press release, however, the word is being used to describe a new genre of adult movies which will be released by Vivid. So how can Vivid legally use the word "Superhero"? After reading their explanation, I am still unsure. "
They must be pretty damn secure in their legal standing if they believe they can cover even more series. This has me wondering. What series may be next?" The "Vivid Superhero" or “Vivid SuperXXXhero” imprint is being used to identify the movie Batman XXX: a Porn Parody along with several different planned parody movies. "
It all boils down to that freedom of speech isn't just for speech you agree with. If you don't want it. Don't buy it. This in no way could hurt DC as far as I see it.
Thanks for your hard work and taking the time to actually get some answers in place of just relying on their press release, Babs.
@DH69 said:
Seeing how the Fantastic Four are a self described superhero "family". All those levels are more disturbing then the next." lol im waitin for a fantastic four porno, it would work on so many levels "
" @NightFang said:I'll do whatever it takes to keep my woman happy, dude." @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
I know. and that's awesome. i" @BiteMe-Fanboy said:
" @NightFang said:I'll do whatever it takes to keep my woman happy, dude. "" @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
" @NightFang said:practice safe sex, wear a utility belt.I know. and that's awesome. i "" @BiteMe-Fanboy said:
" @NightFang said:I'll do whatever it takes to keep my woman happy, dude. "" @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
bwahahaha" @BiteMe-Fanboy said:
" @NightFang said:practice safe sex, wear a utility belt. "I know. and that's awesome. i "" @BiteMe-Fanboy said:
" @NightFang said:I'll do whatever it takes to keep my woman happy, dude. "" @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
" @BiteMe-Fanboy said:We always do, lol." @NightFang said:practice safe sex, wear a utility belt. "I know. and that's awesome. i "" @BiteMe-Fanboy said:
" @NightFang said:I'll do whatever it takes to keep my woman happy, dude. "" @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
" I'm more excited for the edited 30 minute version of the movie with no porn "Prepare yourself for 30 minutes of bad porn star acting. You like good comedic timing? Too bad.
actually, i found an article as well:
http://www.comicsalliance.com/2010/05/10/superhero-porn-vivid/
Babs' article clearly points out that there will be a line of them.
Well, Greg Land should be happy at the least. Now, he has more material to trace from
" @the_orange_crush: Well, Greg Land should be happy at the least. Now, he has more material to trace from "BWAHAHAHA
ITS PORN! Porn is porn, nothing more. Its made for one simple reason to give some dorks like me who are dirty an perverted a little humor.
I mean when i watch this im going to watch it for two reasons an two reasons only.
A good laugh cause frankly this just seems too hilarious to get anything working the way it should be while watching a porn.
and a chance to see more boobies. Cause like our friend Ron White said "Once you see one....you wanna see the rest of them."
its done out of fun. I dont think anyone is going to jump at hentai producers when they make Sailor Moon an the Seven B@lls oh wait already made 10 years ago and is still to this day a fairly sought after hentai.
So in closing, people who are angry BLAH! Its suppose to be funny....and also erotic.
@Robotman said:
" I'm waiting for Birds of Prey XXX. ; ) "me too
Just saw it and it's just kinda blah. I mean yeah it's pretty funny, especially that they don't take the masks off, but the novelty quickly fades.
I dont see what the big deal is. Im sure if so many people havent talked about it, no one would really care.
I think its a great Honor for Batman to be the 1st parody. Its a parody, so it is not the real thing. Batman has many target markets from the kids with the Super-friends version to the Frank Miller Dark Knight batman, different versions of Bats has been explored. Maybe some of his older fans want to see a movie like this.
It is also good because it is giving exposure to the character, so its a win for DC in that aspect.
I don't know if I want to check it out, but Tori Black is very attractive.
Cheers!
- Silkcuts
this is long time online (18+) :
Robin & Batgirl scene. XD
" @Son_of_Magnus said:I still have yet to see it so it is new too me =P I hate buying porn and I can't find it on any stream so I have to swallow my pride and buy it probably" Can not wait! "It's already out. "
" @NightFang said:" @Krakoa said:.....bastard ""I don't see the harm in it. I personally, wouldn't want to watch it, but again, I don't see a problem. "I agreed but I'll watch it with my girlfriend because she into this kinda stuff. "
Lucky boy...
" this is long time online (18+) :Oh.. There goes my childhood.. Damn you vivid!Robin & Batgirl scene. XD "http://www.xvideos.com/video470597/batman_robin_and_catwoman
It's not a big deal. I'd still rather watch an XXX Batman parody than Batman & Robin (1997). I hope the next parody includes Black Canary. Always had a thing for her.
I don't see how Vivid doing a parady of Batman is any different than NBC having a show like Saturday Night Live that does recurring celebrity parodies and makes profit through advertisers. It isn't like DC was going to license to Vivid or planned on making their own Batman XXX movie, so they're not losing any money from it. Many people wouldn't know about this video if websites weren't using the eye-catching headline "Batman XXX" to fish for hits. Vivid is getting free advertising.
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