Hobbit pub saved (From Daily Echo)
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Southampton's The Hobbit pub saved
5:40pm Thursday 15th March 2012 in Southampton
Exclusive By Jon Reeve, Education Reporter
The Hobbit in Southampton
THE battle over Southampton's famous pub, The Hobbit, could be over, the Daily Echo understands.
The Saul Zaentz Company, which contacted owners Punch Tavern about the Bevois Valley pub's use of The Hobbit brand has told the Daily Echo the row has been a misunderstanding.
Film producer Paul Zaentz has told the Echo he does not necessarily want to remove all reference to Tolkien's work and "certainly doesn't want to run anyone out of business."
He wants to resolve the dispute "amicably" and suggested the pub could be asked to pay a nominal licence fee of $100 a year - about £63.
Mr Zaentz said: “We’ve tried to be very gracious. We think asking for a nominal licence fee is very reasonable.
"Rather than engage in protracted and expensive litigation, (we) would prefer to resolve this matter amicably.
"We said we would be willing to consider any proposition they might make, but to my knowledge we’ve had no response yet."
Mr Zaentz contacted the Echo after the campaign to save the pub garnered worldwide attention, with backing from Stephen Fry and Sir Ian McKellen, who both appear in the upcoming The Hobbit movie.
Comments(58)
The Music Man
says...
5:53pm Thu 15 Mar 12
housewife
says...
5:56pm Thu 15 Mar 12
silly silly man has just hired new lawyers methinks
Huffter
says...
5:58pm Thu 15 Mar 12
sherinsul
says...
5:59pm Thu 15 Mar 12
Just another reader
says...
6:08pm Thu 15 Mar 12
The Music Man
says...
6:09pm Thu 15 Mar 12
ShakeyWiffles
says...
6:09pm Thu 15 Mar 12
Linesman
says...
6:12pm Thu 15 Mar 12
Does the Saul Zaentz Company really need another $100 dollars?
Huffter
says...
6:16pm Thu 15 Mar 12
ajw1986
says...
6:34pm Thu 15 Mar 12
SOULJACKER
says...
6:39pm Thu 15 Mar 12
Hollywood Schmollywood.....too freakin' precious :))))
GX Saint
says...
6:40pm Thu 15 Mar 12
ShakeyWiffles
says...
6:43pm Thu 15 Mar 12
Huffter wrote:Lucky to get away so lightly? Yeah you're right. I mean how dare they name their pub that 23 years before filming ends of a film of the same title
$100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!
Solomon's Boot
says...
6:49pm Thu 15 Mar 12
Rhombus
says...
6:50pm Thu 15 Mar 12
Misunderstanding. haha
mi76
says...
6:53pm Thu 15 Mar 12
ShakeyWiffles wrote:The LOTR was written in the 1950's. From what I understand the pub itself uses a lot of imagery from the films - so quite clearly they are taking advantage of the films - if not the books before them.
Huffter wrote:Lucky to get away so lightly? Yeah you're right. I mean how dare they name their pub that 23 years before filming ends of a film of the same title
$100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!
As far as copyright goes, I believe there might be soem legal value in making the pub make a nominal sum rather than letting them use it for free as it could mean they could lose control over their rights if lots of people use copyrighted material willy nilly.
erictholmes
says...
7:10pm Thu 15 Mar 12
law_stud
says...
7:19pm Thu 15 Mar 12
Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.
bemused26
says...
7:21pm Thu 15 Mar 12
erictholmes wrote:Are you English or From the USA?
There should be no charge at all. This would be like the Paris pub "Quasimodo" being required to pay for its name. It just happens to be around the corner from Notre Dame Cathedral. Or the "Jabberwocky" Cafe at Syracuse University being required to pay for its name. We've gotten into too much commercialism and not enough culture. Used to be a time when imitation was the sincerest flattery.
Saint2824
says...
7:31pm Thu 15 Mar 12
law_stud wrote:What i think people fail to realise, and this is not me agreeing with what has happened, but if a copyright holder does not take action against breaches of its rights then they can potentially loose them entirely. And it doesn't matter on the size of the breach or business they don't go after. Once they identify a breach or potential breach they MUST take action.
Sorry ZSC, but you don't hire world-class IP lawyers (Edwards Wildman are rather well known in the field) to extract nominal fees. You'll spend more on the lawyers' fees than you'll get back in a few years from the license, maybe adding in an extra year in if you take into account the discount rate when valuing future fees payable.
Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.
I don't think these bully boy tactics of threatening letters is the way forward, as i do not beleive that the hobbit (pub) have deliberately used images etc to increase profits. I think they were in some cases maybe just a little naive.
The $100 licence fee would just be a nominal amount to make it all legal again and that they are receiving some payment for use of their copyrighted images etc.
Without it, they would leave themselves open to numerous others taking the p1ss.
clausentum
says...
7:31pm Thu 15 Mar 12
bemused26 wrote:"gotten" rather than "got" is a clue
erictholmes wrote:Are you English or From the USA?
There should be no charge at all. This would be like the Paris pub "Quasimodo" being required to pay for its name. It just happens to be around the corner from Notre Dame Cathedral. Or the "Jabberwocky" Cafe at Syracuse University being required to pay for its name. We've gotten into too much commercialism and not enough culture. Used to be a time when imitation was the sincerest flattery.
:-)
Bowmore
says...
7:45pm Thu 15 Mar 12
Huffter wrote:Huffter You seem to be confusing USA copyright laws with those of the UK, which in the UK are civil laws with no system to register your copyright for it to be enforceable. You simply need to prove that you produced the piece of work in question. Perhaps the action against The Hobbit was about Trademark infringement, which has much stricter UK laws.
$100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!
cantthinkofone
says...
7:52pm Thu 15 Mar 12
erictholmes wrote:There should be no fee for the name, but that's never been the issue. The pub has been using the films' imagery to promote itself, and that's what's got them noticed by the studio.
There should be no charge at all. This would be like the Paris pub "Quasimodo" being required to pay for its name. It just happens to be around the corner from Notre Dame Cathedral. Or the "Jabberwocky" Cafe at Syracuse University being required to pay for its name. We've gotten into too much commercialism and not enough culture. Used to be a time when imitation was the sincerest flattery.
law_stud
says...
7:55pm Thu 15 Mar 12
Saint2824 wrote:Actually, that's not true about copyrights; you must be thinking about trade marks, which I don't think are in dispute here.
law_stud wrote:What i think people fail to realise, and this is not me agreeing with what has happened, but if a copyright holder does not take action against breaches of its rights then they can potentially loose them entirely. And it doesn't matter on the size of the breach or business they don't go after. Once they identify a breach or potential breach they MUST take action.
Sorry ZSC, but you don't hire world-class IP lawyers (Edwards Wildman are rather well known in the field) to extract nominal fees. You'll spend more on the lawyers' fees than you'll get back in a few years from the license, maybe adding in an extra year in if you take into account the discount rate when valuing future fees payable.
Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.
I don't think these bully boy tactics of threatening letters is the way forward, as i do not beleive that the hobbit (pub) have deliberately used images etc to increase profits. I think they were in some cases maybe just a little naive.
The $100 licence fee would just be a nominal amount to make it all legal again and that they are receiving some payment for use of their copyrighted images etc.
Without it, they would leave themselves open to numerous others taking the p1ss.
I do agree with you about the Hobbit's naivety, though.
timjim
says...
7:57pm Thu 15 Mar 12
Saint2824
says...
7:59pm Thu 15 Mar 12
law_stud wrote:meh... tomato tomato.. lol
Saint2824 wrote:Actually, that's not true about copyrights; you must be thinking about trade marks, which I don't think are in dispute here.
law_stud wrote:What i think people fail to realise, and this is not me agreeing with what has happened, but if a copyright holder does not take action against breaches of its rights then they can potentially loose them entirely. And it doesn't matter on the size of the breach or business they don't go after. Once they identify a breach or potential breach they MUST take action.
Sorry ZSC, but you don't hire world-class IP lawyers (Edwards Wildman are rather well known in the field) to extract nominal fees. You'll spend more on the lawyers' fees than you'll get back in a few years from the license, maybe adding in an extra year in if you take into account the discount rate when valuing future fees payable.
Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.
I don't think these bully boy tactics of threatening letters is the way forward, as i do not beleive that the hobbit (pub) have deliberately used images etc to increase profits. I think they were in some cases maybe just a little naive.
The $100 licence fee would just be a nominal amount to make it all legal again and that they are receiving some payment for use of their copyrighted images etc.
Without it, they would leave themselves open to numerous others taking the p1ss.
I do agree with you about the Hobbit's naivety, though.
IronLady2010
says...
8:50pm Thu 15 Mar 12
This is not the full story!
techsture
says...
9:04pm Thu 15 Mar 12
It will go the way of the rest, clinging on to the coattails of anothers intellectual property or not.
IronLady2010
says...
9:21pm Thu 15 Mar 12
techsture wrote:I can't comment on the venue as I've never been in there. But they employ local people, so they have my support.
Just another toilet pub surviving by selling toilet water at close to a fiver a pint.
It will go the way of the rest, clinging on to the coattails of anothers intellectual property or not.
Huffter
says...
9:24pm Thu 15 Mar 12
Bowmore wrote:No confusion - just 10 years experience of working in copyright.
Huffter wrote: $100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!Huffter You seem to be confusing USA copyright laws with those of the UK, which in the UK are civil laws with no system to register your copyright for it to be enforceable. You simply need to prove that you produced the piece of work in question. Perhaps the action against The Hobbit was about Trademark infringement, which has much stricter UK laws.
bigfella777
says...
9:29pm Thu 15 Mar 12
IronLady2010
says...
9:32pm Thu 15 Mar 12
bigfella777 wrote:It employs local people. Surely we wouldn't wish to see more people out of work?
Shame,I would rather see it bulldozed,its an eyesore.
The Music Man
says...
9:45pm Thu 15 Mar 12
IronLady2010
says...
10:13pm Thu 15 Mar 12
The Music Man wrote:You can always address your issues to Trading Standards if they aren't up to standard.
are they allowed to sell rip-off tshirts now then?
dolomiteman
says...
11:10pm Thu 15 Mar 12
techsture wrote:Why make comments like that when you have clearly never been in that pub, if you had you would know that a pint is nowhere near £5 and toilet water is free, they will even give you a glass to put the toilet water in.
Just another toilet pub surviving by selling toilet water at close to a fiver a pint.
It will go the way of the rest, clinging on to the coattails of anothers intellectual property or not.
City Saint
says...
12:52am Fri 16 Mar 12
dolomiteman wrote:Wow. This whole kerfuffle has realty brought out some of the best and worst of Southampton. Successful cities needs strong employment, a wide variety of things to see and do, and a spectrum of social locations. I don't go to The Hobbit myself anymore, but that's only because as a working middle aged man I now prefer to share my toilet water at home with friends of a similar ilk. Live and let live, dude.
techsture wrote:Why make comments like that when you have clearly never been in that pub, if you had you would know that a pint is nowhere near £5 and toilet water is free, they will even give you a glass to put the toilet water in.
Just another toilet pub surviving by selling toilet water at close to a fiver a pint.
It will go the way of the rest, clinging on to the coattails of anothers intellectual property or not.
Urbane Forager
says...
8:51am Fri 16 Mar 12
Saint2824 wrote:I am a copyright holder, via both books and DVDs. I always chase down illegal copying and downloads, which are now numerous but if someone merely copies a picture, quotes or titles etc. - I always consider it as flattery and good marketing for me/my products.
law_stud wrote: Sorry ZSC, but you don't hire world-class IP lawyers (Edwards Wildman are rather well known in the field) to extract nominal fees. You'll spend more on the lawyers' fees than you'll get back in a few years from the license, maybe adding in an extra year in if you take into account the discount rate when valuing future fees payable. Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.What i think people fail to realise, and this is not me agreeing with what has happened, but if a copyright holder does not take action against breaches of its rights then they can potentially loose them entirely. And it doesn't matter on the size of the breach or business they don't go after. Once they identify a breach or potential breach they MUST take action. I don't think these bully boy tactics of threatening letters is the way forward, as i do not beleive that the hobbit (pub) have deliberately used images etc to increase profits. I think they were in some cases maybe just a little naive. The $100 licence fee would just be a nominal amount to make it all legal again and that they are receiving some payment for use of their copyrighted images etc. Without it, they would leave themselves open to numerous others taking the p1ss.
I think that as the Hobbit pub was named after the original book/fictional creature not the film that is about to be made/released then the whole thing is a bit silly but non-the-less a stunning viral PR coup for the good old Hobbit...
Keep up the good work Southampton!
btw. Has anyone spotted that we are back on the national weather maps now? I noticed that we were replaced by Portsmouth for a while, when we dropped out of the Prem.
voiceinthecrowd
says...
9:03am Fri 16 Mar 12
Urbane Forager wrote:I do hope the Hobbit owners now agree to what is a very generous offer.
Saint2824 wrote:I am a copyright holder, via both books and DVDs. I always chase down illegal copying and downloads, which are now numerous but if someone merely copies a picture, quotes or titles etc. - I always consider it as flattery and good marketing for me/my products.
law_stud wrote: Sorry ZSC, but you don't hire world-class IP lawyers (Edwards Wildman are rather well known in the field) to extract nominal fees. You'll spend more on the lawyers' fees than you'll get back in a few years from the license, maybe adding in an extra year in if you take into account the discount rate when valuing future fees payable. Oh, and then there's the negative press attention. All in all, they would have been better off to leave well alone if this were, in fact, their intention all along.What i think people fail to realise, and this is not me agreeing with what has happened, but if a copyright holder does not take action against breaches of its rights then they can potentially loose them entirely. And it doesn't matter on the size of the breach or business they don't go after. Once they identify a breach or potential breach they MUST take action. I don't think these bully boy tactics of threatening letters is the way forward, as i do not beleive that the hobbit (pub) have deliberately used images etc to increase profits. I think they were in some cases maybe just a little naive. The $100 licence fee would just be a nominal amount to make it all legal again and that they are receiving some payment for use of their copyrighted images etc. Without it, they would leave themselves open to numerous others taking the p1ss.
I think that as the Hobbit pub was named after the original book/fictional creature not the film that is about to be made/released then the whole thing is a bit silly but non-the-less a stunning viral PR coup for the good old Hobbit...
Keep up the good work Southampton!
btw. Has anyone spotted that we are back on the national weather maps now? I noticed that we were replaced by Portsmouth for a while, when we dropped out of the Prem.
I wish them well if they do
userds5050
says...
9:10am Fri 16 Mar 12
Bowmore wrote:We can be charged under US law and extradited to the states these days without so much as a whimper from our government. Just ask the student due to be extradited to the US for film copyright infringement.
Huffter wrote:Huffter You seem to be confusing USA copyright laws with those of the UK, which in the UK are civil laws with no system to register your copyright for it to be enforceable. You simply need to prove that you produced the piece of work in question. Perhaps the action against The Hobbit was about Trademark infringement, which has much stricter UK laws.
$100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!
St Retford
says...
9:11am Fri 16 Mar 12
City Saint wrote:This.
dolomiteman wrote:Wow. This whole kerfuffle has realty brought out some of the best and worst of Southampton. Successful cities needs strong employment, a wide variety of things to see and do, and a spectrum of social locations. I don't go to The Hobbit myself anymore, but that's only because as a working middle aged man I now prefer to share my toilet water at home with friends of a similar ilk. Live and let live, dude.techsture wrote: Just another toilet pub surviving by selling toilet water at close to a fiver a pint. It will go the way of the rest, clinging on to the coattails of anothers intellectual property or not.Why make comments like that when you have clearly never been in that pub, if you had you would know that a pint is nowhere near £5 and toilet water is free, they will even give you a glass to put the toilet water in.
Smartiepants
says...
9:23am Fri 16 Mar 12
Here, There
says...
9:58am Fri 16 Mar 12
Shoong
says...
10:10am Fri 16 Mar 12
southy
says...
10:58am Fri 16 Mar 12
Linesman wrote:They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.
With the millions that the Saul Zaentz Company has, I would suggest that the compromise should be that the $100 goes to a local charity.
Does the Saul Zaentz Company really need another $100 dollars?
This $100 USD is just way for them to save face, and once the landlord of the pub pays it, they will be corned them selfs and will have to pay it every year and Saul Zaentz Company will increase how much they got to pay. (once you give them money, you are agreeing with them that they do own the full rights)
I reply would be a no to any payment not even for 1/2 cent. and I would tell them to come to the UK and take it to court, knowing to-well they would lose, and would put them wide open to be sued.
rightway
says...
11:26am Fri 16 Mar 12
wr0ng1
says...
12:33pm Fri 16 Mar 12
MisterGrimsdale
says...
1:36pm Fri 16 Mar 12
Gridironprince
says...
1:46pm Fri 16 Mar 12
wr0ng1
says...
1:56pm Fri 16 Mar 12
Good. A nice pub ought to be free of those who are pointlessly judgemental of others. Other people can be at the pub having fun while you mutter disapproval of them under your breath through your net curtains.
Shoong
says...
1:57pm Fri 16 Mar 12
southy wrote:'They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.'
Linesman wrote:They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.
With the millions that the Saul Zaentz Company has, I would suggest that the compromise should be that the $100 goes to a local charity.
Does the Saul Zaentz Company really need another $100 dollars?
This $100 USD is just way for them to save face, and once the landlord of the pub pays it, they will be corned them selfs and will have to pay it every year and Saul Zaentz Company will increase how much they got to pay. (once you give them money, you are agreeing with them that they do own the full rights)
I reply would be a no to any payment not even for 1/2 cent. and I would tell them to come to the UK and take it to court, knowing to-well they would lose, and would put them wide open to be sued.
How do you know the above happened?
If you found out, tell us how, or did you guess or just go & make it up pretending you are in the know.
Gridironprince
says...
2:09pm Fri 16 Mar 12
wr0ng1 wrote:Pub question: Annually, how many old people are found hanging in their net curtains?
"If that picture on the front of the Echo shows the typical clientelle I'll give it a miss"
Good. A nice pub ought to be free of those who are pointlessly judgemental of others. Other people can be at the pub having fun while you mutter disapproval of them under your breath through your net curtains.
southy
says...
2:42pm Fri 16 Mar 12
Shoong wrote:Shoong Your so lazy
southy wrote:'They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.'
Linesman wrote:They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.
With the millions that the Saul Zaentz Company has, I would suggest that the compromise should be that the $100 goes to a local charity.
Does the Saul Zaentz Company really need another $100 dollars?
This $100 USD is just way for them to save face, and once the landlord of the pub pays it, they will be corned them selfs and will have to pay it every year and Saul Zaentz Company will increase how much they got to pay. (once you give them money, you are agreeing with them that they do own the full rights)
I reply would be a no to any payment not even for 1/2 cent. and I would tell them to come to the UK and take it to court, knowing to-well they would lose, and would put them wide open to be sued.
How do you know the above happened?
If you found out, tell us how, or did you guess or just go & make it up pretending you are in the know.
Go and check up your self, go to the nearest Library and look all those names and place up and look at maps and drawings that date back 200 years.
And those historians was up on facebook giving the name off all the books to look under.
IronLady2010
says...
5:55pm Fri 16 Mar 12
southy wrote:I'm sure Shoong has better things to do. I always go on the principle that if you say something is correct, then it is generally incorrect. No need for a Library, just await your post and go with the opposite.
Shoong wrote:Shoong Your so lazy
southy wrote:'They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.'
Linesman wrote:They been back into a corner Linesman, a few Historians e-mail there Lawers, and told them to check refences books (not the web sites but books) about all the names and what they mean and where they come from, check maps for locations names ect.
With the millions that the Saul Zaentz Company has, I would suggest that the compromise should be that the $100 goes to a local charity.
Does the Saul Zaentz Company really need another $100 dollars?
This $100 USD is just way for them to save face, and once the landlord of the pub pays it, they will be corned them selfs and will have to pay it every year and Saul Zaentz Company will increase how much they got to pay. (once you give them money, you are agreeing with them that they do own the full rights)
I reply would be a no to any payment not even for 1/2 cent. and I would tell them to come to the UK and take it to court, knowing to-well they would lose, and would put them wide open to be sued.
How do you know the above happened?
If you found out, tell us how, or did you guess or just go & make it up pretending you are in the know.
Go and check up your self, go to the nearest Library and look all those names and place up and look at maps and drawings that date back 200 years.
And those historians was up on facebook giving the name off all the books to look under.
ottostrasser
says...
8:42am Sat 17 Mar 12
threaterino
says...
12:46pm Sat 17 Mar 12
AspieMum
says...
1:14am Sun 18 Mar 12
ShakeyWiffles wrote:If the pub came first shouldn't the film company have to pay for their use of the pub's name? But as always big business always wins when its big business Vs little business & the pub probably didn't copyright the name.
Huffter wrote:Lucky to get away so lightly? Yeah you're right. I mean how dare they name their pub that 23 years before filming ends of a film of the same title
$100 dollars is a minimal fee in terms of copyright - The Hobbit should think themselves lucky to get away so lightly. I have to say I would go to a pub for the quality of the beer and good service - not because of it's name!
Rymenhild
says...
9:40am Sun 18 Mar 12
The Music Man says...
5:53pm Thu 15 Mar 12