Copyright

[Robbie Comeau]

I have a space them in my film, and would like to have a still figure of Jimmy Neutron on a spaceship, sitting on the end table.

Is this allowed?

For those that don't know, Jimmy Neutron is a TV show..

Robbie

[ramsaur]

Collections Vol.4 Mint In Box from Loss Fest had nothing but Star Wars everywhere and apparently it was allowed if it got into the fest, so I think Jimmy Neutron would be fine.

[Robbie Comeau]

That's very true..

Thanks!

Robbie

[Zak Forsman]

just do not use any broadcast media, no video or sound from the show or music.

were are you getting the "still"? if it is a freeze frame from the show, you can't use it.

[jasonthewho]

I think he means a non-moving toy...

[Michael Anthony Horrigan]

just do not use any broadcast media, no video or sound from the show or music.

were are you getting the "still"? if it is a freeze frame from the show, you can't use it.I think he's using a figure.

He can use small amounts of music can't he?

I thought Collections used a bit of Star Wars music towards the end, did they not?
Just going by memory here. Sounded similar if I recall.

MAH

[JonB]

I thought Collections used a bit of Star Wars music towards the end, did they not?
Just going by memory here. Sounded similar if I recall.

I dont think it was actually from star wars, it was just a similar sounding song.

[Robbie Comeau]

So if a friend were to create a replica of a soundtrack, but using his sounds, is that ok?

*Since we're on the topic, I thought I'd ask cause I've always wanted to know.

Robbie

[Michael Anthony Horrigan]

I dont think it was actually from star wars, it was just a similar sounding song.I agree, very similar though. Maybe Robbie can do something along those lines.

[JonB]

So if a friend were to create a replica of a soundtrack, but using his sounds, is that ok?
Robbie

Not unless you got rights to the original score... But you could use a lot of the same instruments, and just create a piece that "sounds like" the original soundtrack. You want the viewer to think of the original song, but not infringe on the rights of the creator of the song. Its a delicate balancing game you have to play.

[Jack Daniel Stanley]

My understanding is that there's specific rules/laws about how many bars or measures per bar must be different NOTE-WISE. Makes no difference if you play "Stairway to Heaven" on a nose-flute or a guitar or with your friends "own sounds". You have to pay for it.

You can make sound alike music that is very much like the original but different, but as I said there are specific laws about what percentage can be just like the original and what percentage must be different in order for it to be considered not that song.

Dunno what those ratios are.

[JonB]

My understanding is that there's specific rules/laws about how many bars or measures per bar must be different NOTE-WISE... You can make sound alike music that is very much like the original but different, but as I said there are specific laws about what percentage can be just like the original and what percentage must be different in order for it to be considered not that song.

Dunno what those ratios are.

Hmm... Interesting. I knew it had to be a certain amount different, but I didn't realize there were actual laws set in place as to how different it has to be. But I guess that makes sense. Either way, if its a pretty commonly known song, the same instruments and tempo could be enough to get people to recognize what its like. But before doing so, it might be a good idea to look up the copyright law Jack was talking about.

[Brandon Rice]

15% difference

[pixelated]

Ok, back to the Neutron action figure. If you can't have a Coke can without release, how do you get by with Neutron/GI Joe/Barbie etc???

[Jack Daniel Stanley]

Brandon, can you share where you got that or a source?

[Jack Daniel Stanley]

Ok, back to the Neutron action figure. If you can't have a Coke can without release, how do you get by with Neutron/GI Joe/Barbie etc???
I've heard ... heard .... that's not actually quite the issue that people make it. If you have a Heinz 57 Ketchup bottle on the table and it's used as it normally would be - as a ketchup bottle then you don't need a release. If you use it as a murder weapon or space ship then you do need the release.

Again, that's what I've heard.

I think a lot of people cover coke can labels or use generic as a better safe than sorry type thing.

[Brandon Rice]

Brandon, can you share where you got that or a source?

I don't remember, but read it years ago from a reliable source... I'll try to find it somewhere. This is in regard to music... with other things, I'm not sure.

[Michael Anthony Horrigan]

I've heard ... heard .... that's not actually quite the issue that people make it. If you have a Heinz 57 Ketchup bottle on the table and it's used as it normally would be - as a ketchup bottle then you don't need a release. If you use it as a murder weapon or space ship then you do need the release.

Again, that's what I've heard.The Collections short from last Fest proved that you can get away with quite a lot.

I think too many people make a big deal out of products seen in short films.

That's just my opinion though. I never really worry about it myself.

MAH

[Jason Ramsey]

I think there may be a distinction that we need to make in that collections was a "fan film" which generally has different rules surrounding it vs. using a trademarked action figure in your film. i.e. fan films, parodies, etc.

Of course, we are all speculating, and if you have plans for your film, the safe answer is "don't do it" from our resident smart man when it comes to this kind of stuff. Either that, or consult a copyright attorney and find out exactly what you can and cannot do.

We do all we can to make sure films comply with copyright rules, etc... But, at the end of the day it's your responsibility and you are the one who will be held accountable should an issue arise.

later,
Jason

[JonB]

Nicely said Jason.

[Zak Forsman]

I've heard ... heard .... that's not actually quite the issue that people make it. If you have a Heinz 57 Ketchup bottle on the table and it's used as it normally would be - as a ketchup bottle then you don't need a release. If you use it as a murder weapon or space ship then you do need the release.

Again, that's what I've heard.

I think a lot of people cover coke can labels or use generic as a better safe than sorry type thing.

i think you're right. my understanding is that you technically need permission to lawfully use any brand, whether it's coke or star wars, but that in practice you are generally only going to get pinched if you are associating them something they don't want to be associated with. there was a time when LucasFilm was actively shutting down fan films (see: The Dark Redemption) from seeing the light of day until they saw the value they had in exciting the audience for the official prequel releases. even so, you'll notice that LucasFilm is an official sponsor on most fan film contests. with regard to Collections, there is no way they'd get in trouble for exhibiting it for free online. but I can see how if they were to license it to a cable outlet like IFC or the Sundance Channel, LucasFilm would have to be involved. Same would go for using the Jimmy Neutron brand. there is a gray area between what is legally on the books and what goes down in the real world.

but i'm no lawyer.

[Mattykins]

I think Jack is right. If you are using a brand as it's intended, you are fine. Like when a Toyota drives across the screen. Or if you are in a bar and there is a mastercard sign on the door.

When you start using the brand, or associating the brand with things they don't want to be associated with. Like having corona be the beer of choice at a teen party. Then you run into trouble.