Okay, here's one for everyone. Tuesday, I bought the Animation Show boxed set and saw "Fireworks" by PES. After also watching Robot Chicken that night, I started to wonder about something; both sets of animators use material created by other companies: for example, PES used marshmallow peeps and Robot Chicken uses toys and action figures. So my question is this: how can they use someone else's product, produce a film, sell it, and not get sued? :confused:
I guess my lack of knowledge about the legal aspects of filmmaking raises another question: is there any really good book out there for filmmakers that would give me enough info about entertainment law to know what I could or could not do in a film (animated or otherwise)--or at the very least, help me refine my arguments so I could go to an entertainment lawyer and ask well-thought out/well-phrased questions? :D
Thanks all,
I'm not a lawyer. This is not legal advice. (but I know enough to say things like that at the beginning of any response re: legal questions)
If you expect to sell your project, be sure that you have clearance on use of anything like marshmallow Peeps, Robot toys, etc. It's safer than not doing it. You usually have alternatives and why not use something that you're "allowed" to use. Many companies have a PR dept, or a Communications dept that handle the use of their products in TV/Film productions. If not, they have Product Managers, or at least someone who is interested in other people animating their toys, food products, etc.
In many cases, the company will be delighted that you would like to use their product. They may ask for money, but it is my **non-legal** opinion that you not pay for it, just politely decline and find another item to animate.
In many cases, the company will provide the product to you for FREE. If you are not going to be depicting the product in a bad light (e.g., the doll doesn't attack playland with a chainsaw) the company will most likely work with you.
You are going to animate SOME sort of toy, doll, robot kit, food product, just ask if you can use theirs. Get permission in writing. You can use a form called a "Product Placement Release" to do this.
Wow, lot of good information here! :D Thanks for pointing me in the right direction folks. Downloaded and read the copyright and fair use graphic novel that you recommended. Also took a trip to my local bookstore. Was a little disappointed with no books exactly catering to my needs, but was at least able to discover the "Nolo" series of legal books.
A cursory examination of their website came up with "Getting Permission: How to License & Clear Copyrighted Materials Online & Off", "The Public Domain: How to Find Copyright-Free Writings, Music, Art & More", and "Patenting Art & Entertainment: New Strategies for Protecting Creative Ideas". Anyone read these care to share how good/bad they are?
Thanks,
I'd be very careful using any trademarked or copyrighted material in anything you wish to sell later on.
The safest thing to do before putting a lot of time and effort into a project is to consult with an attorney.
Pat Hacker, Visit Scooter's World.
I'm not a lawyer, legal consultant, attorney, barrister, or counsellor...but I do watch Law and Order sometimes...
My guess in the product usage is that these are objects that are protected under copyright (if at all) as sculptural works (meaning that you can't create another object with the same dimensions, shape, color, etc). This does not limit their use in video, film, or photography.
That's not to say that there might not be some licensing issues involved, much like licensing copyrighted music. But, much like music, it all depends on who owns the copyright, how they feel about it being used, how litigious they are, and (most importantly) if they find out.
There is also the issue of "Fair Use" under copyright, which is still pretty muddy to me (and to the lawyers as well, judging from the dispute between JibJab and The Richmond Organization--I don't know if that's been solved yet or not).
Beyond copyright, there's also the issue of Trademarks, which may or may not come into effect in the videos you're mentioning.
The basic rule I've always heard (and followed) is: When in doubt, ask permission.
You'd be surprised how easy it is to get someone on the phone to talk to you about this sort of thing. I got a big-wig PR-something-or-other from a Major Discount Department Store on the phone just over a year ago, and not only did he talk to me about my proposal (and turn it down) but helped me with a solution that would work out for the both of us.
It's just not worth putting your professional reputation on the line (not to mention your hard earned money) for something like this when it's that easy to get someone on the phone.
As for books, most of this info is available in horribly legal-rific jargon on the Net. Wikipedia dumbs it down a little (the same with some other sites you can find), and there are knowledgeable people on forums like these.
Besides that, you might want to look at Bound by Law. I haven't read it myself (yet), but I've heard some good things about it.
Last, if you're going to sell the film (as opposed to free net distribution), get a lawyer who specializes in entertainment and copyright. You might want one even for the Net, depending on what it is you're doing/using/etc.
Good luck!
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