Music video concept using toys, copyright issues?

W

whizzkid

Active member
Hi everyone,

I'm submitting a treatment for a band and my concept involves using live action and stop animation. The stop animation part will be antique toys. My question is what are the copyright issues with using a toy that you can buy from a store? Can I use them in the video or should I hire someone to build a toy for me?

Many thanks!
 
Yes, you could potentially be in trouble, although if the toys are used in a positive way (as opposed to being used as serial murderers for example :) ) it's unlikely a toy company would get upset.

It also depends on the company - some are ultra-protective and employ lawyers just to hunt out unauthorised/inappropriate commercial use of their products.

The other issue is just how old are these toys - if they're from a 1940s company no longer in existence then you're even less likely to have problems.

But to be absolutely safe and free from legal harrassment, making your own fake antique toys would be the perfect solution.
 
Thanks for that... but I just dont think my client have that budget. I'll talk to my prop people and see what they can do.
 
Yeah, I think it's worth the effort. Shouldn't be ultra-difficult - antique toys tend to be fairly low-tech and covered in scratches and/or rust, reasonably easy to fake. In fact, talk to the props people about making a fake antique miniature set/background for the toys to 'act' against - if not too difficult, it might look really cool.
 
The concept mixes live action with stop motion toys. So the location itself will be the antique shop. Before anything I need to get the commission first. Hehehe.... hope I do!
 
How about just modifying toys?

For example, using a Mickey Mouse doll, but he's wearing different clothes and has it's ears cut off (this cannot be seen), and is wearing sunglasses?

Resemble nothing of the actual toy.
 
So long as the original toy is no longer recognisable, yes that should be enough to protect against legal problems. But be careful - a recognisable mutilated Mickey Mouse could actually increase your chance of problems :)
 
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