this post was submitted on 26 Jan 2024
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You said:
And FYI, Stephen Colbert got a Cease and Desist notice for being Stephen Colbert of the Colbert Report when he left the Viacom network for CBS. Because that is how intellectual properties work, when you make money off of your character or your image then it is your property: that is also the basis for which public figures and actors can refuse images or artworks being used for monetary gain outside of fair use or depictions of public settings.
Wouldn’t the issue there be the fact that “of the Colbert Report” is using the actual name of the show in a way that would create profit for him? This, profiting off of someone else’s IP? It’s not the fact that he is “Stephen Colbert”. It’s the part that isn’t his name.
No, actually, they tried to claim ownership over the satirical character Stephen Colbert. I really love how he responded to it, btw, here is a clip TLDR: he brought on Stephen Colbert's identical twin cousin Stephen Colbert, completely unrelated to the Colbert Report show and characters.
Looks like you are correct mostly. It looks like it was actually the character and persona from the Colbert report that he can’t use. It would be like taking the show to a different network I guess would be the argument which usually involves the show being bought. It’s also weird because the company was basically suing itself.
It also led to Colbert mentioning that he didn’t know how to act as the normal him, so I think it’s cool he at least got something positive out of it, even if it’s a huge blow for sure.
It’s weird, because if the character was named like Sean Spencer, it would be expected that you couldn’t just use the same character. I’m surprised he didn’t have a legal leg to stand on given the character has his name, and he could argue that it’s simply his own personality, but if he and his lawyers didn’t expect it to be winnable I’ll take their word on it.
Either way, it’s interesting information. Thanks for the correction.