Another Copyright Question. Using video games, or controllers in a film without permi

Clint Nitkiewiz Hernandez

Clint Nitkiewiz Hernandez

Well-known member
So I want to use some playstation 3 controllers in a shot, and then cut to the screen of a video game I plan on designing with 3D animation, etc. So it wont be a copywritten game, nor will I show the ps3 console or logos, I simply wish to use the controllers.

On another note, I wish to use a rockband guitar, or a 3rd party guitar intended for the games "Rockband or Guitar Hero",

there are no logos whatsoever on these guitar controllers, will this be an issue, or do I have to go out and build a plastic guitar thing with buttons on it,

I want to just use the plastic guitar, and then show clips of a generic mock game I will be creating.

Any ideas how to make this work without getting sued, or paying anyone for licenses? Etc?
 
This is an interesting one and i dont know the answer but here would be my guess...

You should be ok with using the guitar as long as no logo is shown, I say this because Guitar Hero or rock band dosent have a copyright on plastic guitars so unless they can see a logo you should be ok, as far as the PS3 remote i am not sure because the ps3 controller is in-fact copyrighted by sony. But i would think you would be ok as long as you arent showing the use of the controller in a negative way.

Now that above advice is from someone who has no clue if it is correct, but that would be my best guess... now lets wait for someone who knows what they are talking about to come and give you the correct answer, im curious about this one also.
 
well

well

"Guitar Hero or rock band dosent have a copyright on plastic guitars "

I understand that, but what about the actual plastic guitar makers.

Am I allowed to use their guitars, say if the guitar makers see it being used, would they sue me?

I dont think so right? Just like if I use a surfboard in a film, or skateboard, with no logos, but the maker recognizes his mold, or even a soccer ball, or soccer team t-shirt, I mean there are limits to what can be shown, and if its in a way that describes the normal life of a person, so so be it right, its just like showing trademarked buildings or starbucks or mccdonalds in the back of your shots, because if someone walks down the street, they are bound to run into logos, as they are part of our lives....

I think a plastic guitar manufacturer suing would be ridiculous right? Same as if i used a toy as a prop in a movie for a kid. Kids play with toys, do i have to get each toy shown cleared, even if they are made in china, kind of ridiculous right?
 
No, not ridiculous. If someone creates something, it's theirs. You don't have the right to use it just because you see it every day.

As David said, get a lawyer.
 
or create a fake controller/guitar - it doesn't have to actually work, just look recognisably like a game controller/guitar - would pobably be cheaper than a lawyer
 
Clint Nitkiewiz Hernandez;1390073... I think a plastic guitar manufacturer suing would be ridiculous right? Same as if i used a toy as a prop in a movie for a kid. Kids play with toys said:
I sam not a lwayer, but my guess would be a generic plastic guitar wouldn't require clearance. OTOH, something that is clearly a unique trademarked item might be another story - Mattel has been notoriously vigorus in enforcing rights on the "Barbie" name and identifiable unique likeness, for example.
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It is my belief (20 years in business) that it really depends in what context it's shown.

Actually Sony Playstation (SCEA) is on of my clients.

Here is the range. If you miss represent a product..... You got a problem.

Some companies pay big money for there products to be in a TV show or a movie... It's called product placement.

Remember in the movie ET and the Reeses Pieces..... In the original script it was supposed to be M&Ms. Reeses out bid M&M's to be in the movie.

Apple is real active getting there products in TV shows and movies. Sony, Microsoft and Nintendo are always bidding against each other to get there game systems on air or in movies.

* Best not to get legal advise on internet public forums.

frisco
 
You would be better off getting a prop made that is specific to your film if it is to play a significant visual role. Also, it gives you a piece of marketable merchandise that you own the rights to.
 
Clint Nitkiewiz Hernandez said:
"Guitar Hero or rock band dosent have a copyright on plastic guitars "

They don't have a copyright on the plastic guitar, but the original guitar manufacturers do ie. Gibson for the Les Paul, Fender for the Stratocaster etc. If I remember correctly Gibson is suing Harmonix and MTV over the use of the Les Paul body frame. If you are in LA check out Joe Escalante's morning show on Indie 103.1 Fridays from 9am-10am. He gives free legal advice on the air.
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