Broken Sea Audio Gets Bullied Over Licensing

It seems one of our wonderful audio drama groups is in a pickle. A pickle they do not deserve to be in.

From Jesse at SFF Audio:

Broken Sea Audio Productions, headquartered in New Zealand, has shut down all their Robert E. Howard projects after receiving another threatening letter from the lawyers for Conan Properties International LLC (aka Paradox Entertainment).

CPI is the limited liability company that claims all licensing powers over works by Robert E. Howard worldwide.

The whole situation is absolutely rotten. CPI is muscling a non-profit audio drama fan group that makes audio dramas and audiobooks, for fun, out of public domain stories, all so it can defend it’s trademark on “CONAN: The Barbarian” (the stories for which are in the PUBLIC DOMAIN).

Things might look different were it not for the horrendous new legislation set to be implemented on February 28th, 2009 March 27th, 2009 in New Zealand. The new NZ law makes websites that are accused of infringement subject to arbitrary-ISP pulldowns.

Here is the most recent letter from CPI/Paradox Entertainment |PDF| in its entirety.

What make this all the worse is that its an echo of a fight BSAP, in NZ, had thought it had already won. See, back in August 2008 BSAP received a similar cease and desist letter from the same firm. In that letter CPI threatened a lawsuit over the use of “CONAN” (for which they claim a trademark)…

In response to it BSAP removed their unique, but still offending, “CONAN” logo and the CPI lawyers sent a follow-up letter. Saying…

After that, with the Conan audiobooks and audio dramas no longer displaying any “CONAN” label, all seemed well for the non-profit audio drama group. Paul Mannering, and staff, continued to cast Conan fans as voice actors and work on the script for a new audio dramatization based on another Robert E. Howard public domain work, Hour Of The Dragon.

Later, in November 2008, something rather cool happened. Paul Mannering got an email from the CPI/Paradox’s branding department offering BSAP a free “CONAN” license. It was to be a “royalty free” license too, that would forever keep a threat of lawsuit from CPI/Paradox at bay and allow BSAP to brand its Conan audio as “CONAN” audio.

But then, just yesterday, an unexpected email from the CPI lawyers arrived…

…dashing the possibility of a license AND renewing the threat of a lawsuit…

…

It seems to me that given that the Robert E. Howard stories are PUBLIC DOMAIN, that Howard is 73 years dead, had no spouse, nor children, that Broken Sea is giving away their productions to Conan fans alike - only one judgment is reasonable:

CPI LLC/Paradox Entertainment is being an asshole.

And that’s the situation as it now stands. All future BSAP audiobooks and audio dramatizations based on the PUBLIC DOMAIN writings of Robert E. Howard are canceled - or at least it’s all put on hold until someone can offer some legal advice to Paul Mannering and the Broken Sea creative team.

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Simply put Jesse says, "An intellectual property company has been harassing fans that were making audio versions of public domain Robert E. Howard CONAN stories.

"They'd keep going, but the new fucked up New Zealand copyright law will shut down their whole operation if the company complains."

Fucked up indeed. It seems they are simply bullying without any real justification. What does that prove? They have a trademark they can enforce? Is that supposed to be what true copyright protection is about?

Timeline

Please show your support of Broken Sea Audio by reposting this wherever you can!

~Dani

Broken Sea Thinking Ahead To Halloween

Saw this important message on the Modern Audio Drama yahoo group- thought I'd pass on the word! Great opportunity from the fine folks at Broken Sea Audio!
~Dani
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BrokenSea Audio Productions is seeking short works for our Halloween 2008 series.

In 2007 BrokenSea showcased some great audio in public domain and original works. We had Halloween poetry, full cast audio drama, readings of stories and other dark things. During October we go to Hell and back to deliver new content every day. So we need up to 100 items to podcast.

Contact exec@brokensea.com subject: Halloween 2008 if you have:

1. An unpublished short story (up to 5000 words) that you would be
willing to either have read, or adapted into a single episode audio drama
then please contact us.

2. A published story that own the rights for audio publication (in other
words your publisher wont sue us for producing it)

3. Poetry of a Halloween or horror theme that meets the above
requirements.

We are also interested in original audio drama scripts of up to 30 minutes performance time (longer scripts enquire first). No fan-fiction please.

Payment: BrokenSea Audio does not pay for audio scripts or the rights to produce your work.
We also do not pay our voice actors, producers, foley artists, composers, web and graphic design artists. The flip side is that we do not sell any audio either. We operate on a volunteer basis and all work is released free of charge under a Creative Commons License.
The benefits to authors are exposure to a new market, we include links to your website or other promotional site for your work and you get your name in a few thousand potential readers ears.

Please pass this on to any indviduals, forums or groups that may be interested. All enquiries and material to exec@brokensea.com

Paul Mannering : Email Support Coordinator: Westpac Phone Assist
Tel: 0800 400 600 (xtn: 91806) DDI: +64 3 372 4608 Fax: +64 3 372 4680
Email: customer_support@westpac.co.nz

Broken Sea Audio Fans, Grab Your Icepick!

Time flies when you're making audio drama! Broken Sea Audio productions has just passed their one-year anniversary! Rather than celebrating with dinner, roses, and candlelight, they have created The Ice Pick Awards.

Click the subject link above and head over to vote for your favorite Broken Sea production, as well as voice actors, and other awesomeness that this group has brought us the last year.

If you've never heard a production from Broken Sea before, well, no time like the present! Voting is open until the end of March, so there is plenty of time to listen AND vote!

Congratulations to everyone at Broken Sea for a wonderful year! Keep bringing us addicts the awesome audio cinema!

Halloween Audio Links

I had intended to have many posts up showing you all the great Halloween fun in the audio cinema universe. I was all prepared to come home from my trip to the middle of the United States and do this for all my fellow addicts...

...and then I caught a (not so) lovely head cold. Which stole another week from me. *sigh*

So, since we are getting awfully close to that wonderful All Hallow's Eve, I decided to give you the condensed version! That way you can still head over and listen to these wonderful productions, and have a few chills creep up your spine in honor of the holiday. Mu-wah-hahahaaaa...

* Radio Drama Revival has an entire line-up of ghoulish delights awaiting your ears.. including Frankenstein: Modern Prometheus, as adapted by Quicksilver Audio Theatre.

* Broken Sea Audio is also celebrating with several Halloween audio happenings, both original as well as some readings from the suspense greats! (Also an awesome banner to get in the spirit of things!)

* The Sonic Society is celebrating with their Halloween show on the 30th with a new production from Sonic Cinema, Muse of Madness.

* Colonial Radio Theatre's adaptation of Ray Bradbury's Something Wicked This Way Comes is now available too! I've listened to it (yes the review-writing hasn't exactly been as forthcoming as I'd hoped) and I highly recommend adding this to your repertoire of audio theatre classics! It's one of my favorite stories, as well as one of the first to scare me before my Stephen King fixation began. Colonial, as always, has a unique way of whisking you off to an entirely different place for a couple of hours, and this is no exception. You can get all the ordering details at their website!

* Ollin Production's Afterhell series is always available, and especially fits this time of year too!

UPDATE: Icebox Radio Theatre is podcasting their Halloween production from last year, "The Bats".

I am sure I have missed a few here and there. But if you click on any of the radio drama links on the sidebar, I am sure you will find many more Halloween-happenings. If you're not on the list- let me know!

Lets Get Ready To Rumble!

The things you come across when you Twitter! For the wrestling fan, yes, now there is even an audio production for YOU. Check out Body Slam Alley, from Broken Sea Audio Theatre:

"Are you tired of the same old pre-packaged slickly edited and produced showcases, featuring your favorite sports entertainment superstars? Have you always dreamed of having unlimited ‘behind the scenes access’ and ‘backstage’ passes to stalk your idols and find out more about them then you ever dreamed, or were ever permitted to see in their carefully scripted, thoughtfully set up promos? Well do we have the show for you!

Welcome Ladies and Gentleman to professional wrestling’s latest innovation! "

I love it- and although I am not a wrestling fan, I am curious enough to give a listen. I'll let you know what I think!

Summer fan fiction audio continues

Courtesy of the Radio Nostalgia Network, the Sonic Society is continuing to bring you the best in fan fiction this summer. Last time it was more from Broken Sea Audio with Logan's Run, and this week it will be Circus 13 and their fan audio of X-Men!

Pretty neat stuff- check out both of these great production companies for more of their great work!

There is also a plethora of old time radio shows and dramas on the Radio Nostalgia Network too- so browse around there for awhile as well! Radio drama/Audio cinema will never die as long as they are around!

Summer Fan Audio on Sonic Society

The Radio Memories feed (they have been generously hosting the Sonic Society for over a year now) alerted me to Sonic Society beginning their Summer Fan Audio series with Broken Sea Audio's Planet of the Apes.

The Society is podcasting the first two chapters, but if you want more, you can catch the rest of Part One of the series right here:

http://www.brokensea.com/pota/pota.htm

This is a special summer series that will be podcast-only. Something tells me they won't lose many listeners over the summer, by Podcast Pickle top 100 stats. Thanks to JC Hutchin's 7 Son Podcast Novel moving into the Hall of Fame, everyone in the top 100 has moved up a notch. The Society has finally achieved the Numero Uno status Jack and Shannon have wanted, and most certainly deserve!

Come to the Greenpond

This was about one of the cutest kids audios I've ever heard! Broken Sea Audio brings you "Greenpond", which is for kids, with child actors from around the globe.

Episode one is basically set up. A group of kids on a hot day meet a horse whose come to warn them about the Gobblygunks... and the adventure begins!

Head to the link for more info, or grab the podcast feed here:

http://www.brokensea.com/greenpond/greenfeed.xml

My younger daughter has all of a sudden become a total audio book freak, so I can't wait to play this for her and see what she thinks!

Damn you! Damn you all to hell!

Oh wow, check this out. Yet another audio production company, Broken Sea Productions, bringing awesome remakes and fan fiction your way!

When I'm finished with the Mark Time/Ogle listening, this will be next on the list to check out!

They are also preparing to do Logan's Run in a six-part series. Awesome.

It gets more and more difficult to deny I'm a sci fi fan... ;-)