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Endat says
http://en.wikipedia.org/wiki/Ken_Burns_effect
This technique, possible in many professional and home software applications, is termed “The Ken Burns effect” in Apple’s iPhoto and iMovie software applications.

Wow, he invented a way of panning across a photo.. does he plan on retiring off that? I would reword it so it says “Ben Kurns effect” haha! Sue-happy people make me sick..

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Parallelus says

http://en.wikipedia.org/wiki/Ken_Burns_effect
This technique, possible in many professional and home software applications, is termed “The Ken Burns effect” in Apple’s iPhoto and iMovie software applications.
Wow, he invented a way of panning across a photo.. does he plan on retiring off that? I would reword it so it says “Ben Kurns effect” haha! Sue-happy people make me sick..

It’s not necessarily that he’s “sue-happy” but in the US if you don’t try and enforce a trademark you can lose it. The way I understand it working is something to the effect that, let’s say Pepsi just let anyone go around calling their product “Pepsi 2” or make websites like “Pepsi Fun Stuff” without their permission. If they don’t ask them to remove or rename the product the trademark it can be revoked. The more likely scenario is if Pepsi decided to sue someone much later because they profited greatly from the illegal use of the name, a lawyer could make the case that they had not been enforcing the trademark and it didn’t apply. In that case Pepsi could lose and the trademark then be invalid.

If you use a name as an active trademark of your brand, even if you don’t have it registered, you do have a “trademark” under US copyright law. There is no requirement to register it, but typically companies will. It gives them a better claim to it, ensuring a record and date it began being used is on file. It’s also really helpful if you have a legal battle. But, if you’re using a trademark for your brand that nobody else is using and it becomes well known and you can prove when you started using it, that trademark can be enforced without being registered.

I would argue that “Ken Burns” is a well known name as is the effect he helped to make popular. If he does use his name as a brand and trademark for products he sells, advertises and markets, this might just be him fulfilling his obligation to attempt to enforce the trademark.

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chrisakelley says

its pretty easy to search for US Trademarks http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4004:oj2i8u.1.1 (its not trademarked btw)

and I believe unless its trademarked or copyright righted(the actually key burn effect) he cant do much

Releases and Free Speech

You can use a person’s name or image for commercial purposes without permission if the commercial use qualifies as free speech. Generally, this occurs when the use is categorized as a parody. (For more information on trademark parodies see Chapter 10. For more information on copyright parodies, see Chapter 9).

For example, a company sold trading cards featuring caricatures of major league baseball players. Text on the cards ridiculing player salaries and egos included a statement: “Cardtoons baseball is a parody and is NOT licensed by Major League Baseball Properties or Major League Baseball Players Association.” A federal court permitted the use of player’s names and caricatured images as free speech. (Cardtoons v. Major League Baseball Players Assn., 838 F. Supp. 1501 (N.D. Okla. 1993).)

source

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Endat says

Until I saw this post, I have never heard this person’s name before (I guess his fanbase is mostly Apple people), so my first impression of him is that he’s a turd, and a very small petty man. I will make fun of him with my friends :)

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INDUSTRYKIDZ says

whos Ken Burns??? and why will you get sued for ZOOMING on Pictures lol. come on SoN! court will tose that Case in the Trash. and gives yous both a FINE for wasteing there time lol.

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KingDog Staff says

whos Ken Burns??? and why will you get sued for ZOOMING on Pictures lol. come on SoN! court will tose that Case in the Trash. and gives yous both a FINE for wasteing there time lol.

Ken Burns is very well known in the documentary field and pioneered a very distinctive style of using photography more dynamically by panning and zooming. Watch pretty much any documentary and you’ll see homage to Ken Burns.

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jonathan01 says

I’m kinda shocked that anyone in any creative / digital profession has never heard of Ken Burns.

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VF says

I’m kinda shocked that anyone in any creative / digital profession has never heard of Ken Burns.

The title “Ken Burns” is not quite famous but the effect itself was historical since it is too basic. This name become famous as no tech people cameup with a common – fancy title so far! May be pan-zoom-ease effect wasn’t much attractive as an effect title! :D

Again I believe all these buzz about this title are due to some lawyer’s desperate attempt to get new projects from Ken! Success rate is low – yet sufficient to convince the client and few cases.

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RubenBristian says

It’s been over two days since i’ve wrote to both the law firm and to Ken Burns and i still have no response.. :|

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Australia says

It’s been over two days since i’ve wrote to both the law firm and to Ken Burns and i still have no response.. :|

Did you add © and ™ after each reference in the letter lol

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