Legal question... Any lawyers?

D

dasonras

Well-known member
Does anyone know about "Fair Use" and Intellectual Property infringement?

Specifically, in order to "remake" a film, what permissions would have to be granted? Is it purely intellectual or is it also mechanical? Also, when does "Fair Use" become fair use and what restrictions does it have?
 
I am not a lawyer. Nor do I play one on TV. :)

Unless the source material is in the public domain, the company that made the original had to purchase the movie rights and therefore, they are the sole owner of the rights to make a movie. Something like Dracula or Shakespeare is fair game.
 
Blaine said:
Unless the source material is in the public domain, the company that made the original had to purchase the movie rights and therefore, they are the sole owner of the rights to make a movie.
Click to expand...

Not necessarily. They might not have exclusive, in perpetuity, rights. Doubtful that they do...the owner would want the option of selling it again, I'd think.
 
GenJerDan said:
Not necessarily. They might not have exclusive, in perpetuity, rights. Doubtful that they do...the owner would want the option of selling it again, I'd think.
Click to expand...

If it is a studio project, someone has optioned a story to see if they can get the project off the ground with an option to purchase the movie rights to the story. In that case, they've done just that, purchased the movie rights. With the money they spend on the right they're going to make sure that no one else is going to come along and cut them out of any chance to make their money back.

The best advice on this subject is to contact an entertaiment lawyer to help with the acquisition and to cover any loopholes. He can help you contact the publisher to find out who currently holds the rights and whether or not they are availble. The current rights holder may be willing to resell those rights.

Now, an option is an entirely different thing. It gives the producer a period of time (for and agreed upon sum of money) to raise the money to get the movie produced. There is generally an option for an extention. At the end of the option period, if the movie is not made, the rights revert to the author and he can look elsewhere to get his source material produced.
 
dasonras said:
Does anyone know about "Fair Use" and Intellectual Property infringement?

Specifically, in order to "remake" a film, what permissions would have to be granted? Is it purely intellectual or is it also mechanical? Also, when does "Fair Use" become fair use and what restrictions does it have?
Click to expand...

This isn't really that clear but:
http://www.copyright.gov/fls/fl102.html

http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

http://en.wikipedia.org/wiki/Fair_use
 
Fair use does NOT cover remakes. There is no circumstance under which fair use would allow you to remake a film. Now, that doesn't mean you can't get the rights to remake it. But it won't be the doctrine of "fair use" that allows you to do so. (Note that a parody is not a remake but a totally different film--parody is considered fair use. And public domain is a different doctrine altogether.)
 
notwithstanding said:
Fair use does NOT cover remakes. There is no circumstance under which fair use would allow you to remake a film. Now, that doesn't mean you can't get the rights to remake it. But it won't be the doctrine of "fair use" that allows you to do so. (Note that a parody is not a remake but a totally different film--parody is considered fair use. And public domain is a different doctrine altogether.)
Click to expand...

I hope it didn't look like I was implying that. I was just posting links explaining "fair use". :huh:

The important thing to remember when doing a "remake" is that unless the source material is in the public domain, you MUST secure the movie rights from whoever currently owns them. :) :thumbsup:
 
You must log in or register to reply here.
Back
Top