I posted this in the Brainstorming forum, only got two responses, I was hoping I could get something concrete. I feel kinda dumb asking this, but what the heck. I know you need permission and may have to pay royalty fees for using music and the such in your film. But what about the mere mention of a film? If you just refer to a film, say the title, director, basic plot? Does that require anything? I didn't think it would, because seeing Clerks, they have a big Star Wars reference, and that was a very indie film, so I didn't think they'd have to fork out a bunch of cash for that. But then again, what if you're bashing the movie? Would they not let you? If you're not bashing, isn't it just free advertising? I have too many film references in my film to begin with, but I still wanted to keep a couple in (Do the Right Thing, A Clockwork Orange, Paulie, and maybe Dawson's Creek). Some can be worked around, but I mean, some just seem necessary. I dunno.
You really need to consult an attorney. Copyright law is very confusing and intentionally left open for interpretation. You really need someone qualified that can look at your specific situation and can predict a judgement. The best this does is to show that you tried to avoid infringement. You can always get sued and it's better to have someone familiar with actual cases that can at least show you how to avoid it.
You can talk all you want about movies. You're fine. As long as you aren't showing clips or using direct quotes, references are fine. But truth is, stay away from references. They weaken your material, not strengthen it.
I know exactly what you mean, that's why I'm trying to eliminate most of them anyway. Otherwise, I'm just making a movie about movies. But we'll see what happens.
Good luck.
Okay, what if I was to want to adapt a play by, say, Moliere. I don't mind putting "Based on " etc, but would I have to pay for that, considering the fact that he's dead and it's an older play? I mean, i would think something really old, like the Odyssey wouldn't really require that, but something really recent of course would, but what about this? Or at least where would I find out about this? I've been searching online all morning and couldn't really find anything, but then again, maybe I just suck at searching.
I'm not familiar with this play, but copyright exists 70 years past the death of the author. So until then, you pay.
Quote from: metroshaneI'm not familiar with this play, but copyright exists 70 years past the death of the author. So until then, you pay.
unless you are mickey mouse, as that copyright will never expire.
mickey mouse is trademarked, not copyrighted.
Could I show a painting of an artist who has been dead for 70+ years in a movie, and not have to get rights?
Quote from: metroshanemickey mouse is trademarked, not copyrighted.
right...well, same thing....ha...well, not really....but you know what I ment, no?...ya, I am completely not relevant to this topic. opps.
QuoteCould I show a painting of an artist who has been dead for 70+ years in a movie, and not have to get rights?
I'm pretty sure you can...but IANAL.
Link, you've asked a couple different q's here and some of the answers are simple, others a little murky.
Can you reference movies? YES. It falls under free speech, you can call Dawson's Creek the more gay than Will & Grace, you can say Jimmy Van Der Beak is a no talented big chin wanker, you just can't show it on a TV or cut to a clip.
"Based on"... Depends on the play, even though Moliere's work is past copyright deadline's there may be a company who has purchased and renewed the copyright (such as Samuel French or Dramatists) so check these things first. You are porpbably safe with Moliere, as well as Shakespeare and Marlowe.
Lastly showing art work from an artist is allowable, as long as you commissioned the re-wroking. If you take a PRINT, then the company who produces the print would need to be contacted for permission. But if you want to have the Mona Lisa in your film, and you have a painting of the mona lisa done, you can use it, as the new work doesn't fall under copyright laws.
What if you buy a picture book, zoom into CU of the painting (so no one in their right mind could tell which book you got it from), and put it in your non-narrative movie-music project? Would you need to get rights from anybody to broadcast it on a big screen while the band played over images of this (and people had to pay for tickets for the concert)?
Pretty much the same thing as when people sneak into the concert. Not much will happen.
SoNowThen --
You don't EVER have to get permission to do anything, you just suffer the consequences for the legality of your actions. So to your question can you - yes, you can. Is it legal, no it isn't. Does it matter - probably not.
But we plan on trying to sell the dvd of the concert. If it's illegal, I gotta find out how to get the rights so we don't get sued.
On a side note, does it seem ridiculous to anyone else that the rights to a 100 year old painting can be "owned" by somebody? Die.
What I'm trying to say is the use of an image that has been collected in a book falls under the copyright act, will anyone know that you've zoomed in on a picture of the "Mona Lisa" which is public domain, but the image is in a book, which is copyrighted? No. That's up to you. The image itself of say the Mona Lisa falls under public domain because of time, and law so do what you want, the book it comes from is not, so you are technically breaking the law. The tree is falling in the woods, so...
Let's take a look at the legal side of things why don't we. That might be a nice change.
First, you can contact the Harry Fox Agency at anytime to find out who has rights to something.
Next, try a film stock agency. They'll usually sell you usage of royalty free footage for a minimal cost. Just google "film stock agency".
Quote from: michael alessandroWhat I'm trying to say is the use of an image that has been collected in a book falls under the copyright act, will anyone know that you've zoomed in on a picture of the "Mona Lisa" which is public domain, but the image is in a book, which is copyrighted? No. That's up to you. The image itself of say the Mona Lisa falls under public domain because of time, and law so do what you want, the book it comes from is not, so you are technically breaking the law. The tree is falling in the woods, so...
Sounds good to me. I don't wanna do anything illegal. If I could get to the Mona Lisa, I would just shoot it :)
Actually what I want to shoot is those clocks that are all deflated by Dhali...
QuoteIf I could get to the Mona Lisa, I would just shoot it
They wouldn't let you :lol: They don't let you use flashes in the llouvre (sp).
QuoteActually what I want to shoot is those clocks that are all deflated by Dhali...
Dali's copyright's are still in effect. :wink: A common mistake made by photographers (even motion) is that taking a picture of someone's art work can also be copyright enfringement. I couldn't sell pictures of Andy Whore-hall's paintings without getting his permission.
Confused yet?
According to my research, copywrite law only came into effect around 1920 so anything created before that date is copyright free.
Quote from: WitkacyAccording to my research, copywrite law only came into effect around 1920 so anything created before that date is copyright free.
That's not entirely accurate, because they allowed people to apply for copyrights for work they had previously created prior to the copyright laws. So some earlier works had been under copyrights in the 1920's but had been actually created prior.
I imagine this is only in respect to their own personal works prior to 1920 and not inclusive of other peoples works.
A new question:
What's the law re photgraphs of people? Like, if a picture is in the newspaper, doesn't it become public domain to be copied and posted where we please?
The reason I ask is: what if I want to have a shot of an old picture of Rita Hayworth in a short film, do I have to clear the "rights" with somebody? The context would be something like somebody says "that girl looks like a young Rita Hayworth", and then we cut to an insert of a picture of Rita's face.
The short answer is that Yes you need permission from the copyright holder...and yes you'd need a model release (or that of her estate) stating the intentions.
How would one find out who owns the copyright on a picture?
And again, to come back to the South Park example, do they have to get the rights when they use Celebrity pics? And why would said celebrities give permission when they are getting roasted by these guys?
Also, y'know that Vietnam pic of the one guy holding his pistol to the other guy's head? Do people have to get permission for that when they put it in movies?
Finding the owner of the copyright would indeed be a challenge. No idea how to do that...but there's a good chance the owner is George Hurrell.
South Park is probably making use of a fair use clause for Satire.
Vietnam pic needs permission in theory. In reality, the copyright holder is probably unknown as are the models...and has probably slipped into public domain b/c the copyright was never protected.
So if your work is satire, you can use whatever, but if it's serious, you're hooped?
What is the fair use clause?
now you're getting into attorney type questions.
I wanna be a filmmaker...
You need a degree in law
You need a degree in business
You need a degree in lit
You need a degree in Psychology
You need to attend art & language classes
:|
I wish it was just a touch more user-friendly.
Quote from: SoNowThenI wanna be a filmmaker...
You need a degree in law
You need a degree in business
You need a degree in lit
You need a degree in Psychology
You need to attend art & language classes
:|
I wish it was just a touch more user-friendly.
I'm glad that's not true... :)
thing is, you've been talking about copyright laws and other stuff but one of you is in canada and the other in the states. our system might differ slightly from the states. you should check with a law firm in edmonton or some other organization that could help you with this information.
-sl-
True socketlevel....but I believe the US and Canada both adhere to the Berne convention.
true true.
from the limey:
"there is just one thing i don't understand."
"what's that"
"the one thing i don't understand, is every mother fuckin' word you just said."
lol, but seriously i don't know much about that copywrite stuff. it was just a suggestion.
Quote from: socketlevelour system "might" differ slightly from the states.