UPDATED: Intraxx sues Cedar Fair over use of Wicked Twister animation

Posted | Contributed by Jeff

10/3/2003 9:15:41 AM: According to a story in The Sandusky Register, Intraxx, the company that did the computer animation for Wicked Twister, is suing Cedar Fair for using the animation in TV spots, which they say was outside of the contract's stated use and violates copyright laws. The company says using it on TV caused the quality of the images to be diminished and therefore reflects poorly on Intraxx.

UPDATE 10/9/2003 8:40:40 AM: Intraxx owner Frank Purtiman told the Mansfield News Journal that, "The animation was priced (to Cedar Fair) as a (video) news release. That's what the purchase order and the paperwork said. But they're using it in television advertisements."

Read more from The News Journal.

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Obviously, I don't know what is actually going on, but one note on the time delay. It's possible that Intrax and CF have been involved in negotiations on the this issue. You rarely jump immedicately to suing the hand that feeds you. I would guess that these negotiations failed and the law suit resulted.
Pete's avatar
It is interesting that Virtual Image Productions did some work for Knott's Xcelerator ride, and is proud of the fact that Cedar Fair used their work in commercials as well as the pre-ride video. This is mentioned on VIP's website, on the demo page. I guess if you do it right, you don't have to worry about "diminished quality".

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I'd rather be in my boat with a drink on the rocks,
than in the drink with a boat on the rocks.

rollergator's avatar
Jeff said: "Either way, it's a pretty bad way to blacklist yourself in the entire industry by suing one of a handful of potential customers. Remember... every marketing and PR staff in the country talks to each other."

Works as far as I'm concerned, hopefully more business for Badnitrus...:)

http://badnitrus.coasterbuzz.com/
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We're whalers on the moon, we carry a harpoon, but there ain't no whales so we tell tall tales and sing a whaling tune...

I don't know what the outcome will be, but I hope that this sours the relationship between Cedar Fair and Intraxx enough that they give someone else a chance. **cough**Keith&Mike**cough**

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It's still me, here from the beginning back in 1999. Add 1500+ posts to the number I have in the info section if you care about such things.

Thanks for all the recommendations everyone! I myself find it odd that Cedar Point would want an animation that had such limitations on usage in the first place. I wonder why the change in contract terms from Millennium Force to Wicked Twister...

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-Keith "Badnitrus" McVeen

Jeff's avatar
With the new comments, I think it'll be a short trial. The first thing is that there has to be a specific contract clause stating that Intraxx retains copyright. That's USC Title 17, not open to interpretation if you ask me. If all he's got is "the purchase order says so" I'd say he needs a lawyer smart enough to tell him not to bother.

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Jeff - Webmaster/Admin - CoasterBuzz.com - My Blog
Blogs, photo albums - CampusFish
What time does the water show start?

Jeff's avatar
Here's another fun note... apparently Intraxx has attempted to sue two other major park chains that will never do business with them again. That's not something I can confirm, but it makes for a fun rumor!

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Jeff - Webmaster/Admin - CoasterBuzz.com - My Blog
Blogs, photo albums - CampusFish
What time does the water show start?

I can confirm that at least three parks are never doing business with them again, but I am not sure if Intraxx ever attempted sueing them. It makes me wonder how and why Hershey Park and Intraxx have a seemingly good working relationship....

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-Keith "Badnitrus" McVeen

The 2004 Coaster animation is Intraxx?

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- John
Homepark: CP Home-away-from-homepark: PKI
My Campusfish Blog

That is correct. At first I wasn't sure who made the animation until I saw the latest copy of Amusement Today. In there was a graphic of Hershey's 2004 coaster, and underneath that graphic it said, "Courtesy of Intraxx".

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Mike "Viper" Semtak

Jeff said: "The Register article says it was for use to be released to TV news agencies, but not for use in TV commercials."

Actually that is an oxymoron. If a big part of the issue is that it would display diminished quality for TV, just what the hell did Intraxx think the TV news media stations were going to do with the tape in the first place? Use them as paper weights?!? In the words of John Stossel - "Give me a break!"

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