Permission?

Started by Link, September 15, 2003, 09:05:23 AM

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Link

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.

metroshane

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.
We live in an age that reads too much to be intelligent and thinks too much to be beautiful.

mutinyco

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 believe in this, and it's been tested by research: he who fucks nuns will later join the church."

-St. Joe

Link

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.

mutinyco

"I believe in this, and it's been tested by research: he who fucks nuns will later join the church."

-St. Joe

Link

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.

metroshane

I'm not familiar with this play, but copyright exists 70 years past the death of the author.  So until then, you pay.
We live in an age that reads too much to be intelligent and thinks too much to be beautiful.

aclockworkjj

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.

metroshane

mickey mouse is trademarked, not copyrighted.
We live in an age that reads too much to be intelligent and thinks too much to be beautiful.

SoNowThen

Could I show a painting of an artist who has been dead for 70+ years in a movie, and not have to get rights?
Those who say that the totalitarian state of the Soviet Union was not "real" Marxism also cannot admit that one simple feature of Marxism makes totalitarianism necessary:  the rejection of civil society. Since civil society is the sphere of private activity, its abolition and replacement by political society means that nothing private remains. That is already the essence of totalitarianism; and the moralistic practice of the trendy Left, which regards everything as political and sometimes reveals its hostility to free speech, does nothing to contradict this implication.

When those who hated capital and consumption (and Jews) in the 20th century murdered some hundred million people, and the poster children for the struggle against international capitalism and America are now fanatical Islamic terrorists, this puts recent enthusiasts in an awkward position. Most of them are too dense and shameless to appreciate it, and far too many are taken in by the moralistic and paternalistic rhetoric of the Left.

aclockworkjj

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.

metroshane

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.
We live in an age that reads too much to be intelligent and thinks too much to be beautiful.

ReelHotGames

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.
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SoNowThen

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)?
Those who say that the totalitarian state of the Soviet Union was not "real" Marxism also cannot admit that one simple feature of Marxism makes totalitarianism necessary:  the rejection of civil society. Since civil society is the sphere of private activity, its abolition and replacement by political society means that nothing private remains. That is already the essence of totalitarianism; and the moralistic practice of the trendy Left, which regards everything as political and sometimes reveals its hostility to free speech, does nothing to contradict this implication.

When those who hated capital and consumption (and Jews) in the 20th century murdered some hundred million people, and the poster children for the struggle against international capitalism and America are now fanatical Islamic terrorists, this puts recent enthusiasts in an awkward position. Most of them are too dense and shameless to appreciate it, and far too many are taken in by the moralistic and paternalistic rhetoric of the Left.

metroshane

Pretty much the same thing as when people sneak into the concert.   Not much will happen.
We live in an age that reads too much to be intelligent and thinks too much to be beautiful.