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Norway's Supreme Court rules that Hunderfossen Familiepark is allowed to keep Il Tempo Extra Gigante

Discussion in 'News & Rumours' started by Pokemaniac, Nov 15, 2017.

  1. Pokemaniac

    Pokemaniac Mountain monkey Staff Member Administrator Moderator Social Media Team

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    Source in Norwegian.

    Okay, maybe a little bit of explanation is in order. This case has been going back and forth in Norwegian media for the last year-and-a-half or so, but I haven't found time/remembered to publish anything about it here until now.

    So, this is Il Tempo Extra Gigante, a coaster at Hunderfossen Familiepark in Norway:
    [​IMG]

    The coaster itself is nothing special, it's a Zierer ESC535, but the train and theme of the coaster is a matter of some controversy.

    Il Tempo Gigante is a racecar featured in the Norwegian blockbuster animation movie Flåklypa Grand Prix from 1975, known in English as Pinchcliffe Grand Prix. The movie is, by an order of magnitude or so, the biggest commercial success in Norwegian film history, having sold more cinema tickets than there are inhabitants in Norway. It means that on average, every person living in Norway has seen the movie more than once, which isn't an unreasonable assumption to make in practise either. Everybody knows Flåklypa Grand Prix over here. No exceptions. Despite being directed by an Italian, Ivo Caprino, and its music being composed by a Dane, the movie is considered a Norwegian national treasure.
    [​IMG]

    However, Hunderfossen Familiepark does not have a deal with the movie's production studio, Caprino Studios. What they do have is a deal with the legacy of Kjell Aukrust, whose works the movie is based on. Il Tempo Gigante was first featured in one of Aukrust's sketch books, and was therefore not considered a part of Caprino Studios' IP by the Aukrust Heritage Foundation:
    [​IMG]

    So, following the deal the park had with Aukrust's descendants, Hunderfossen decided to build a coaster themed to the iconic car. It opened in 2014 and was a hit with the park goers, but Caprino Studios was not amused. Ivo Caprino's son, Remo Caprino, argued that the racecar owned its iconic status to Flåklypa Grand Prix, that it would have been really obscure if not for the movie, and that the park was violating Caprino Studios' IP by building and marketing the coaster. They demanded compensation, and that the coaster be taken down. Caprino Studios also own a famous, functioning full-scale model of Il Tempo Gigante, which was displayed at Hunderfossen Familiepark until this dispute began. They argued that the coaster's likeness was based more on this model, and the imagery from the movies, than the sketch by Aukrust (which the models were also based on, to be fair).

    The matter was taken to court. In the District Court, Hunderfossen won, and was allowed to keep the coaster. Caprino Studios appealed to the Court of Appeal, and won that case. Hunderfossen then appealed to the Supreme Court, which made its decision today. Il Tempo Gigante is a part of Aukrust's heritage, and can not be claimed by Caprino Studios. Caprino Studios have to pay the court expenses of NOK 1.1 million (£100,000 or so), plus NOK 300,000 to the park. Had the park lost the case, it is likely that the coaster would have had to change its name and get new trains, with a loss of money and marketability thereafter.

    However, the dispute over marketing is still not completely settled. The coaster was once marketed with something like "Ride the car from the movie", which isn't entirely okay by the IP laws. Nothing but money is at stake there, though, so whether or not the park wins that case, the coaster will remain standing.


    Not much to discuss here, to be honest, but I think the news deserved to be recounted here, at the very least. Especially since the Supreme Court got involved and all.

    P.S.: Go see the movie, it's great. Don't take my word for that, the IMDB score of 8.4 (based on 10,500 reviews, although probably mostly from Norway) puts it on par with Wall-E, and far above any other stop motion animated movie in the database, or for that matter any animated movies that aren't Studio Ghibli or Disney's Lion King.
     
  2. chainedbanana

    chainedbanana Well-Known Member

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    It does make you wonder whether these people really ARE personally bothered by the use of an IP or just see an €€€ opportunity? It looks like an affectionate tribute to their Iconic film!... I love the cars! reminds me of Chitty Chitty Bang Bang!
     
    Sneaky and nadroJ like this.
  3. Sandman

    Sandman Well-Known Member

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    ^ Money always comes first in business, you can forget artistic integrity! That's a myth ;)
     
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  4. Hixee

    Hixee Flojector Staff Member Administrator Moderator CF Award Winner 2016

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    Those zero-cars have always looked great - so it's good news to hear that it's staying!
     
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  5. jayjay

    jayjay Well-Known Member

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    That looks fab! Always interesting to hear lesser international scandals in the theme park world. Nice to see what everyone's up to.

    Btw, anything worth visiting nearby for general touristy things? A +1 is a +1 and I also haven't been to Tusenfryd.
     
  6. Pokemaniac

    Pokemaniac Mountain monkey Staff Member Administrator Moderator Social Media Team

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    Well, there's another tiny park not far from there, with another +1... and a miniature version of Lillehammer's main street, cirka 1960.

    There's also the sites of the 1994 Winter Olympics. Not that they feature anything special while any of the parks are open, but if you like to look at steep hills and forests, they're there to be gazed upon.

    Or you could go a little further west and hike in the mountains. In Norway, you're never that far from a hill with a nice view. Or you could take the train back to Oslo and try to find anything to do there. The interior valleys of Norway aren't generally the most touristy places, but there are some sights to see in the Oslo area.
     
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  7. Lofty

    Lofty Social Media Team Staff Member Social Media Team

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    I love cases like this, they're really interesting to follow. There's absolutely no way that the IP company could've won the case, though, seen as the likeness of the initial concept drawing and the car from the move/coaster was nearly identical.
     
  8. Hyde

    Hyde I Lied About My Age! Staff Member Moderator Social Media Team

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    I thought this kind of IP crap only went down in China. A bit silly the park didn't seek out the production studio as well for licensing - there's plenty of precedent showing book-based IP also carrying property with movie/tv studios that produce content. Glad they reached a positive result!
     
  9. chainedbanana

    chainedbanana Well-Known Member

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    I've been intrigued by the Park for a while too - its looks nice and quirky... right up my street
     
  10. caffeine_demon

    caffeine_demon Well-Known Member

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    The Olympic bobsleigh run has wheeled bobs running down, and it's about 10 minutes walk away.... Did it before one of the lives in Sweden.

    oh - and hunderfossen has a great little drop tower!
     
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  11. Mysterious Sue

    Mysterious Sue Well-Known Member

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    Such good news. I always thought this looked so adorable.
     
  12. Pokemaniac

    Pokemaniac Mountain monkey Staff Member Administrator Moderator Social Media Team

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    ...But wait, there's more!

    It turns out that Caprino Filmcenter is also suing the park over the licensing money for the attraction. Hunderfossen Familiepark once paid the Aukrust Foundation NOK 250,000 (£20,000 or so) for the licensing rights to Il Tempo Gigante. Caprino Filcenter insist that they should get a similar sum from the park. There's also some issues about contracts between the Aukrust Foundation and Caprino Filmcenter, so-called "subsidiary matters" to the case that was settled last year.

    So far, the court costs have amounted to NOK 17 million, or £1.5 million or so. It is generally considered quite absurd that Caprino Filmcenter has decided to take it through another round of the courts. This shouldn't have any effect on the coaster or the park, but it seems as if Il Tempo Extra Gigante will become the most expensive Zierer ESC535 ever.
     
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  13. roomraider

    roomraider Best Topic Starter CF Award Winner 2016

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    Considering i spend 3 or 4 months a year in Norway i really should try and get to some parks there. Problem is i'm always on the coast (Haugesund, Stavanger, Bergen etc) and this one in particular seems out in the middle of nowhere.
     
  14. Pokemaniac

    Pokemaniac Mountain monkey Staff Member Administrator Moderator Social Media Team

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    If you're ever in Trondheim, give me a shout! No parks around here, but it would be fun to meet anyway.

    Also, I take it you've checked out Kongeparken, near Stavanger? It's like TusenFryd with less money but way more ambition.
     

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