Copyright Infringement

EditPhish

EditPhish

Well-known member
Kinda thought this was important enough to deserve it's own thread. :happy:

For the fest:

Can you use known superheros and villians (e.g. batman, superman, the joker, lex luther)

What are copyright laws/rules when it comes to spoofing a known character?

Are there any superheros that are considered public domain? (anyone know?)
 
I asked because while *I* know you can't make a movie about Batman because it's considered copyright infringement, I'm not sure EVERYONE knows that.

A lot of people see copyright infringement as taking the actual music or the actual footage and trying to use it in your own film... not everyone realizes that dressing up as Batman and acting out your own scene is copyright infringement.

 And... HERE'S a question...

someone in sci-fest used 3D models from a well-known movie, and it was NOT satire. When are you crossing the line into copyright infringement. For example, if someone downloaded a 3D model of Gotham City... is that permitted to be used??

Not so simple...
 
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EditPhish said:
For example, if someone downloaded a 3D model of Gotham City... is that permitted to be used??
Click to expand...

Shakey ground on that one. I'd tell them to use another city model.

I'd say we need to make it very clear from the get-go.. if it smells like an infringement, stay a million miles away from it. This is going to be a big question for this fest, and we should inform people right away that they should be working on original characters in an original universe unless they have specific authorization. I think it'd be good to strongly word this one in the official rules.

Good topic, man... get this stuff outta the way early so that people won't waste their time with stuff they can't use.
 
wcs said:
Good topic, man... get this stuff outta the way early so that people won't waste their time with stuff they can't use.
Click to expand...

Yeah, really good topic. The thought of a mockumentary crossed my mind and I never thought that having people dress up as superheros would be copyright infringement. Glad I found this now!
 
If DVXuser.com is planning on selling DVDs, then I would think that the whole gig would have to be original.
 
Holy crap!

There's no reason for the paranoia or going overboard in censoring others' creativity.

Fair use is extremely broad. You would have to deliberately try to deceive an audience into thinking that your "Batman" is the real thing. That is NOT going to happen in this contest.

Don't fall for the Hollywood propaganda. They would love a complete lockdown on their "property", and by displaying this excessive paranoia you're playing into their hands.

I wouldn't mind seeing some well-done parodies or spoofs.
 
If we worry too much, you have to consider that, if you're too successful, they'll go after you for Arachno-boy, once he starts stealing sales from Spider-man. So let's just use common sense: don't pretend you're making your own installment in an existing character's universe, and don't lift images and materials from existing characters, and you're safe. Which means references or true parodies should be fine.
 
I may be doing a reference in mine, I haven't decided yet. It wouldn't be explicitly stated though, only implied visually.
 
I started typing a full reply... but then I reread wilderworks, and I'd just like to agree with his assessment.

WilderWorks said:
So let's just use common sense: don't pretend you're making your own installment in an existing character's universe, and don't lift images and materials from existing characters, and you're safe. Which means references or true parodies should be fine.
Click to expand...

It's not paranoia I preach, it's caution. Other people's trademarks can be used, but 'true parody' is the key phrase. Fair use is a fuzzy line that people misunderstand. If you're going to use their characters, be darn sure you know what you're getting into.

You can't copyright ideas. Just change the name, and give him a new outfit, and you're good. Angst is angst, even without a batsuit. I respect copyright law in as far as it respects culture. Don't try to glean off of other people's sucess. Be creative, and honest, and then you can forget that you ever heard of copyright.

As I said, let's get this out of the way early.
 
I didnt use the ending scene in my Sc-Fi short because I thought I would have problems using the name Clark Kent.
Besides, how hard can it be to come up with your own superhero.
 
EditPhish said:
someone in sci-fest used 3D models from a well-known movie, and it was NOT satire. When are you crossing the line into copyright infringement. For example, if someone downloaded a 3D model of Gotham City... is that permitted to be used??

Not so simple...
Click to expand...

I don't know who you're talking about :) , but I asked the owners of the site where I found the models:

I wonder what are the terms to use the sci-fi3d models in a short movie with non-comercial purpose.
Do the creators od StarWars have any copyright about the models shown here?
Besides the credits, of course, should I add some lines about StarWars?

Thank you
Pablo
​

And their answer:

It's all in the Agreement Form that you click on and "agree" to before you download any file.
All models are owned by the authors. To use for any commercial purpose you have to have
a liscensing agreement with the copyright holder. But the model itself is owned by the author.
It's up to you if you want to add anything about Lucasfilm. They are pretty liberal about it and
allow the fan film community to do what they want.​

Anyway, thanks for caring so much for me :love4:
Pablo
 
Every super hero is a rip off of another in some way. Most can fly, have super strength, and wears tights. Its that one little thing that makes the different like
pantie girl. She can throw.... errr never mind that one was lude.
HUDSONMAN, able to create 10 posts in a single click. Able to ban at a moments notice.
Who, disguised as wild mannered John Hudson
saving the forum from political discussions and rude remarks.
Look up on the web, its a film maker, its a father, ITS A MOD!!!
its HUDSONMAN!!!

:)

I dont remember seeing Gothem City in any of the shorts, which one?
 
Pablo,

I think you make the point of the question.

If you win a prize for example....that then makes the use "commercial".
If the film is then put on a DVD by DVXuser.com and sold.....that then makes it "commerical".

"To use for any commercial purpose you have to have
a liscensing agreement with the copyright holder."

From what *I* understand this sentence (and believe you me.....copyright issues can be TREMENDOUSLY confusing .....and I think sometimes for a reason).....the minute one of the two above scenarios happen you have violated the initial agreement if you have not requested and more importantly SECURED that liscense.

I may be wrong because Im only going by what you have typed here, but it sounds like a typical situation.

Thanks!
 
These guys have been doing it for a while now. Not sure if they are having contests or selling DVDs though...

http://www.theforce.net/fanfilms/

http://www.theforce.net

I don't think the contest involves enough $ for anybody to sue or make a stink, but I guess you never know who is lurking around the corner and has a grudge against broke indie filmmakers.

I'm doing everything original, but I do like the controversy of this topic. :)
 
Snodart,

Thats another good point. WILL anyone enforce the infringement (if any of course) :)

I just think it is something to be conscious of....especially if they end up on a commercially available DVD (which can happen after the fest on this site)
 
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