Action figure copyright

C

Crypto

New member
So I want to create and sell homemade videos using action figures. From what I understand mass produced 3d items cannot attract copyright, only design patent. So as long as I avoid trademarks and put a notice that my videos do not reflect the original creators work I should be okay.

I wanted to get some more information though if any of you have had any experience or know anything about this.

Thanks!
 
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I'm remembering Action League Now (from the old Kablam TV series) which did something similar - that was from Nickelodeon who have a proper legal department so maybe all the action figures had copyright releases, but possibly they were deliberately so generic precisely to avoid copyright issues. Robot Chicken also use licensed figures, and from comments on their DVD commentaries I know they have a legal department to clear everything and they sometimes have to modify their scripts to keep the copyright holders happy - even though Robot Chicken is officially parody and thus exempt from many copyright limitations, that won't necessarily stop a lawsuit.

If you used generic action figures, especially if they were modified to be unidentifable, you'd probably have a better chance of avoiding legal problems. So e.g. instead of using Spider-Man, modify a generic action figure to become your own superhero Weevil-Man.
 
clang said:
- even though Robot Chicken is officially parody and thus exempt from many copyright limitations, that won't necessarily stop a lawsuit.
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I'm not sure this falls under copyright. It seems to me it's more of a licensing/trademark infringement situation, which may not be covered quite the same as copyright under the fair use provisions. I'm not sure.

Best advice is to ask a qualified attorney. Any advice gleaned here is anecdotal or speculative at best. Always protect yourself.

Good luck!
 
Yeah, I don't know the details, but I know 'fair use' law allows some use of copyrighted stuff so long as it's for 'parody' purposes, whereas the same use would not be allowed for 'non-parody' purposes, and that loophole is used a lot by comedy shows. But defining 'parody' can be a legal can of worms.
 
clang said:
Yeah, I don't know the details, but I know 'fair use' law allows some use of copyrighted stuff so long as it's for 'parody' purposes, whereas the same use would not be allowed for 'non-parody' purposes, and that loophole is used a lot by comedy shows. But defining 'parody' can be a legal can of worms.
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But again, I'm not sure if that also applies to licenses/trademarked things like action figures. Copyright is different than trademark. But I'm no expert.
 
Gary Huff said:
Translation: I'd rather take my chances via free information on a website than paying someone who knows what they are talking about.
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That was my thought too.

Crypto, if you want to make sure you're safe, then consult a qualified attorney. But if you're just going to risk it anyway, then that's your decision and it will be you who faces the consequences if it all goes bad. You'll probably get away with it. But is 'probably' good enough to risk everything you have? Think it over.
 
"In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities. But, some states also prohibit use of another person's identity for the user's own personal benefit, whether or not the purpose is strictly commercial. There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of name or likeness ("misappropriation"); and (2) violation of the right of publicity. (The "right of publicity" is the right of a person to control and make money from the commercial use of his or her identity.) Because of the similarities between misappropriation and right of publicity claims, courts and legal commentators often confuse them."

That violation of the right of publicity is probably where you're going to run into trouble with a licensed action figure. That's my guess, anyway. Read the entire article at http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another
 
Take it for what it's worth... i.e. zero, I'm not an attorney, but I'd be surprised if somebody is accepting any payment to have their character(s) depicted in the situational "comedy" of that show.

If they are, they should be fired for willingly hurting their own image for what could only be some small payment.
 
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