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If you add music to a YouTube video, whether you’re earning money on said video or not, you better have permission to use it. If for no other reason than YouTube will copyright flag your video. I think the cutoff for usage is 30 seconds IIRC, my wife is the expert on that as she runs our channel.

But it’s not just music you add, it can be background music...playing in a store for instance...and they can flag you for that. They take this stuff seriously because people want to be paid for their work/property. And I see no issue with that.
Never said they shouldn't, just said when it's the exact thing someone else created that someone else uses without
consent, that's the pivot.
Now, I don't copyright music, nor have I truly used someone else's musical property without consent for my own profit..... I just use the theory/idea that music can't really be brand new/never thought of before....
Just the instruments, is all.
 

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Slippery slope also subject to deletion. We are not here to fight a culture war.
Isn't this about the Cherokee culture?
 
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Doesn't something have to be trademarked before anyone or any group can claim title to it and therefore prevent others from using it or it's likeness?


"A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.

Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever - so long as you file specific documents and pay fees at regular intervals.

Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks booklet.

Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ® symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark."

Who is to say that the Cherokee Tribe owns the name? Maybe they "stole" it from somewhere or infringed on someone else's rights or claim to that title or name.

If nobody has a claim to it now, what is to prevent FCA from trademarking the name now as theirs to use as they see fit?

I don't know the exact legal term for it, but there is also such a thing that if someone let something go on for so long and never said anything about it, that they basically lose their right to say anything about it now and object to it.
 

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So here's food for thought. Ethnic groups, (Cherokee, Navajo etc.) What about regions or areas (Durango, Tahoe, Tacoma, Colorado, etc.). While there is a difference, could there be grey area between those two groups?
Toyota Sequoia (Sequoyah (1767–1843), American Indian silversmith and inventor of the Cherokee syllabary).
 

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It is funny that the Cherokee Nation said nothing for nearly 50 years.

But so many here think they should get money.

If you do not defend your "rights", you forfeit those rights. That is how the law works.

If the Cherokee Nation had expressed concerns earlier, it could be taken seriously.

That is how Stellantis lost the rights to Barracuda. It did not defend its rights to that name.
People change and perhaps some take it as a non-positive image these days. There is currently a big movement to "correct" the past. Many government and other buildings will have name changes. However, please teach history including the good and bad so we do not repeat the past.
 

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It is funny that the Cherokee Nation said nothing for nearly 50 years.

But so many here think they should get money.

If you do not defend your "rights", you forfeit those rights. That is how the law works.

If the Cherokee Nation had expressed concerns earlier, it could be taken seriously.

That is how Stellantis lost the rights to Barracuda. It did not defend its rights to that name.
I know we have spoken about it in terms of intellectual property (like a trademark) but it really isn't. Cherokee is the name of their people and culture and no one else ever had any rights to the name.

If it was a German car company and they had a model called the Jüdisch would this even be a discussion?
 

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Manley should have seen this coming years ago and used the new model as an opportunity to fix the situation . Now they are in a “no win” scenario that will aggravate a couple percent of customers whatever they do. If you don’t think a “woke” 16 year can‘t get their parents to buy something else over the “Cherokee” name you have never sold cars in metro area. In the same suburbs, other people will object to changing the name and cancel you. This could have been avoided.
 

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What about the use of names for military vehicles/aircraft? Does anyone know if royalties are paid/permission was obtained in those instances? Apache helicopter comes to mind, just curious
Have no idea if royalties were paid (i'm guessing yes) but i know for a fact they ask permission. In fact they have even shown them off and had them at ceremonies for certain tribes
 

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Doesn't something have to be trademarked before anyone or any group can claim title to it and therefore prevent others from using it or it's likeness?


"A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.

Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever - so long as you file specific documents and pay fees at regular intervals.

Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks booklet.

Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ® symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark."

Who is to say that the Cherokee Tribe owns the name? Maybe they "stole" it from somewhere or infringed on someone else's rights or claim to that title or name.

If nobody has a claim to it now, what is to prevent FCA from trademarking the name now as theirs to use as they see fit?

I don't know the exact legal term for it, but there is also such a thing that if someone let something go on for so long and never said anything about it, that they basically lose their right to say anything about it now and object to it.
An article I had read earlier today had mentioned that the Cherokee Nation has not trademarked the name, though I don't know if that matters since its the name of their people/nation and not a product. The same article mentioned that members of the Nation had previously voiced the fact that they were "uncomfortable" with their name being used on a car. And they said that FCA did not consult them when they were bringing back the name for the KL Cherokee.

I don't recall which article it was at this point, I looked at several this morning and I'm at work now so I don't have the time to go searching...I'm supposed to be working, after all. :LOL: Regardless, I don't think it's absolutely vital anyway. I'm not a lawyer, and I don't play one on TV...and I didn't stay at a Holiday Inn Express last night. So I got nothin on the legal aspect of all of this, and it seems no one else here does either. So as per usual, people here (including me) can spew their various opinions and pretend that the world actually cares what we have to say on the subject. :LOL:

As you were, carry on. Not for use with some sets. Void where prohibited. See in store for details.
 

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Did they, or does Car and Driver want to create a "controversy"? Literally fake news.

Quote from the article: "told Car and Driver in a written statement responding to our request for comment on the issue"

So they are planning to create an "issue", gathering "comments" and then pretending like they are writing the article because someone demanded something, when it was them all along, the guy just agreed with them, but he didn't seem to demand anything from his own accord.
 

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They missed a damn good exit ramp out of this when they should have named the Grand Cherokee L the “Wagoneer” and all versions of the Wagoneer the “Grand Wagoneer”. I really think that would have made for better marketing anyhow. Then they could gradually ease the later introduction short wheelbase Grand Cherokee away from”Grand Cherokee“ to something else like “Chevelle” eventually became “Malibu” a year and a trim level at a time.
They could call the..
Grand Cherokee/L the Grand/Wagoneer
(Since they share more design visually, and originally actually replaced the SJ)

And..

Grand/ Wagoneer the Grand/Commander. At least in the US.
(Would work because the Commander was Jeeps first 7 seater, and the largest Jeep. Sure, Marchionne would've hated that but he's not here anymore. (Rip))

The little Cherokee though.. hmm.. Commando?

Then you'd have Renegade, Compass and Commando.

The full US line would be something like this:
  • Grand/Commander
  • Grand/Wagoneer
  • Wrangler
  • Gladiator
  • Commando
  • Compass
  • Renegade
 
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