FCP and Legal Issues

J

John1919

Member
I am new to this world. I am working on my first documentary film, and have begun post production work. I did all my filming with a dvx100a in 24p. I have started to log and capture my footage using fcp 4, but my G4 laptop died and I had to break down and buy a macbook pro. I am very happy with the macbook pro, but it created a new problem. I cannot use fcp 4 on my intel macbook pro. (The version of fcp 4 is an academic version and cannot be ugraded.) I was looking online to purchase an older version (fcp 5) of Final Cut, since I only need something that will work in the intel based mac. On ebay I found "not for retail" versions of fcp. I called apple, and, of course, this is not legitimate. Anything made in such a version cannot be copyrighted. I then asked if I can copyright a film that I make in an ACADEMIC VERSION of Final Cut. The answer is no. I don't know what will happen with the film that I am making, but I do intend to show it at festivals. Perhaps some day it might even make a little money.

My question is: can I LEGALLY make a fillm for festivals or sale on an academic version of Final Cut? It looks like I cannot, but I would like to know how other people handle this.

Thanks, John
 
I don´t know the law in the US, but even over here that would be complete B.S.

Even if you would steal a camera the film you made on it would be of course under your copyright. The same regards to every other tool in the production chain, light, grip, sound and of course your NLE.

Frank
 
Its my understanding the Academic version of FCP cannot be used for commercial products. Its meant as a training tool, thus the price reduction. And if what you shot is for festivals and you are a student, its probably not deemed a commercial product and thus OK. Then if it does turn some coin, upgrade it.

There is the other side of the coin to all this - who'd ever know really?
 
Ummm... I really don't think festivals would care what you made the film in.

Worry about copyrighting the film itself, not the programs you used to make it.
 
No of course a festival wouldn't care and most likely Apple won't send the MIBs to your house either. Most festival runs are not commercial anyway as you're not getting paid to exhibit your movie. Now if you were to sell the movie into distribution you'd have more of an issue.

Noah
 
And it would be obvious that you edited it on an academic version how?????

Not that I'm advocating anything illegal but if your film was intended for festivals or a non-commercial release then became an unintended commercial hit, I'm pretty sure Apple would have you doing ad's right next to the Cohen brothers on their web site........ especially if you hit the jackpot on your very first documentary.
 
If your concern is doing what is morally and ethically right, then no -- Apple says the Academic version is not to be used for commercial products, so you should not use it for any film you hope to sell.

If you don't care whether it's morally or ethically right, and are only concerned with not getting caught -- then chances are you wouldn't get caught.

Now......do the right thing.
 
There are no restrictions on the academic versions of Final Cut Pro or Studio.

The only requirement is that you must qualify as being an educational student, etc. to purchase and use.

I never heard of Apple saying that something produced by a student or otherwise qualified educational user using academic license cannot be copyrighted.

I can't locate that restriction at Apple's web site
 
ddp said:
And it would be obvious that you edited it on an academic version how?????

Not that I'm advocating anything illegal but if your film was intended for festivals or a non-commercial release then became an unintended commercial hit, I'm pretty sure Apple would have you doing ad's right next to the Cohen brothers on their web site........ especially if you hit the jackpot on your very first documentary.
Click to expand...

It would most likely be found in the metadata of the resulting film, which tool was used to produce it.

Macromedia was a leader in this type of head-up-the-ass type control... and since Adobe has bought Macromedia, being in financial straights... that should indicate what this type of attitude (as well as other Macromedia gems... like having to submit nearly a business plan for your Director project for distribution licensing...) can lead to... financial failure...

Since Apple is not dependent on FC{EP} for income... this probably won't hurt...
Just note, that Adobe does have a 30 day eval for CS4... which includes Premiere and After Effects, and as far as I know, no 'watermark' on it being an eval copy being used... if the point is to get the project done quickly without a lot of cash...
 
Under the laws of the U.S. and Canada copyright in an original work is vested in the author (subject to signing a waiver of moral rights and/or an assignment in favour of an employer or producer, etc. in connection with the typical chain of title) and has absolutely nothing to do with what was used to edit the work or any other aspect pertaining to the mode of creation.

Thus, editing a film in a bootleg version of an NLE will not affect the author's claim to copyright.
 
Nor can a company restrict a right to apply for a copyright depending on what type of license for software that was used to produce it.

Again, there is nothing at Apple's web site that adduces this type of restriction.
 
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