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Netflix Sued by “Choose Your Own Adventure” Over Bandersnatch
- Thread starter Dalek
- Start date
IIRC all the CYOA stuff I read growing up was pretty hardcore. Maybe those were knockoffs.
As far as I know they avoided mentioning the interactivity of that movie entirely, didn't they?
Pretty sure they did? I may be remembering wrong though, will try to find it
This isn't even the first CYOA thing that Netflix has done. They have a Minecraft one and a Puss-in-Boots one, which have been on there for months now. There may be more, but those are the two I know my kids have watched.
I don't think they ever use the phrase "Choose Your Own Adventure" though, so I'm not sure Chooseco has much of a case here. Clearly, they are just trying to capitalize on the popularity of the Black Mirror episode and force Netflix into a settlement (which might work since Netflix has gobs of money and it might be easier to just settle than fight it).
I don't think they ever use the phrase "Choose Your Own Adventure" though, so I'm not sure Chooseco has much of a case here. Clearly, they are just trying to capitalize on the popularity of the Black Mirror episode and force Netflix into a settlement (which might work since Netflix has gobs of money and it might be easier to just settle than fight it).
I'm not sure they have a legal case for this. The film was barely even mentioned to be interactive until RIGHT before it came out.
The comparison was all over media like EW.com, but if Netflix were aware of the issue, it'd be shocking for the marketing team to screw up and mention it directly.
Did Netflix ever promote it on their various platforms as "choose your own adventure" for anyone? Because I myself never saw that phrase used in my Netflix experience (including the promotional emails I receive from them).
yeah same. I recall them specifically doing a lot of horror books
Ah, that makes this interesting, because this is basically a Kleenex (referring explicitly to a brand) vs "Kleenex (referring to any tissue) argument.
It kinda seems like this is gonna end up depending on how pedantic the Judge they get is.
I remember one of the good endings in one was me ripping my own eye out and throwing it in a well to gain infinite wisdom. There was like a 50/50 chance any choice would lead to death.
I really need to get around to watching (playing?) this. Telltale was my shit and I loved CYOA books as a kid
There are legions of CYOA variations in the book world, so the concept itself can't be infringed on. I hope netflix crushes these parasites. If Netflix tried to get permission to use the CYOA verbiage as a marketing point but was denied (and then didnt use CYOA in marketing) then I dont see how chooseco has a valid complaint. This kind of opportunistic litigation is a blight.
So they're suing the filmmakers then? I don't get their case. You can't mention their product in any other medium or you're facing a lawsuit?
I wondered why Netflix themselves seemed to avoid ever actually calling it a CYOA story. Now I get why.
The Source said:
You need permission from the trademark holder (in most cases, there are a few expections). Netflix tried to get the permission, failed, then used it anyhow.
I think that's what they're getting at. It's silly imo, but I understand. I always thought CYOA was a genre as i've seen it in videogames, books, and now interactive story telling through little movies.
It would set a precedent though. If Netflix are serious about creating more interactive shows/movies then they can't keep giving money away every time. They'll need to address it eventually.
They do have a point if the company had previously sought a licence which was denied. Trademark law is a bit hokey, to the extent that Netflix could reasonably be held to have tried to "pass off" their product as one covered by the trademark. The fact that the company was previously negotiating with the trademark owner is relevant.
Yeah, but you can mention or show trademarked stuff in film and TV all you want. That doesn't run afoul of copyright law. (Adam Conover from Adam Ruins Everything recently tweeted about this.) You just can't use it marketing, so as long as Netflix didn't do that, they should be fine.
I mean, they asked nicely, then proceeded to not market the film at all as being a CYOA. They were as respectful as they could be considering Choose Your Own Adventure does not actually own the concept of "multi-branching narrative".
This is damn near patent trolling levels. You can't own choices in media. Why they not suing video games?
That's interesting, actually, and I think would probably be up to whoever can get better lawyers (or what side of the bed the judge woke up on). It's clearly inspired by/evoking the books, and kinda-sorta name-drop them, but it's right on the line.
Netflix will probably just throw some cash at them to go away though.
Netflix will probably just throw some cash at them to go away though.
It seems like it comes down to, does referring to the fictional Bandersnatch book inside the episode as a "CYOA" book run afoul because it's not a real CYOA book IRL, or is it fine because everyone understands "CYOA" as shorthand for a genre, like Kleenex is shorthand for a tissue nowadays.
They're suing because their trademark "Choose Your Own Adventure" was used without permission, after Netflix failed to get that permission.
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They say in the movie itself that the Bandersnatch video game is based on a CYOA book.... That's probably where the problem lies.
Yeah, if they'd avoided using that term in the script/on the prop, the company probably wouldn't have much of a case, as then it would be entirely about concept and not trademark. (And tons of other media have used this concept.)
I have to wonder if that scene was filmed before they were ultimately denied use of the trademark, and someone just made the call "Ehh, we'll keep it in anyway" instead of going back to edit/re-dub the scene.