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kiki443

Copyright

76 posts in this topic

I see that they wont give me permission because i have no much money.

so I may forget about my Idea and movie based on it.

But my last question has nothing to do with my first opening question.

So lets forgett previus answers.

 

I just want to know if I may came to Idea that  accidentally crosses someones else work and I didnt know that I accidentlly break the law because I didn't even know about that work.

 

One more thing lets say that my idea is already used, as far as I know its not. But if it is used somewhere (i dont know in another movie or book or game) and I didnt know about that movie or book or etc. And than I used my idea for my movie can they sue me even if I didnt know anything about them or their movie or book?
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I just want to know if I may came to Idea that  accidentally crosses someones else work and I didnt know that I accidentlly break the law because I didn't even know about that work.

 

You are still liable for infringement of the intellectual property. Ignorance isn't protection from the law. 

 

Chances are you'll get a cease-and-desist or some other form of contact from the IP holder of a property you have infringed upon (accidentally or otherwise) before they actually take you to court. At that point you can address the violation (removing the offending aspects of your project or cancelling your project), try to negotiate a deal, or ignore them and continue the violation. But you've been made aware of your violation so continuing to do so puts you right back in the same position as if you knew about it beforehand. In fact it may make it worse.

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So they will warn me before taking me to court. That is Ok because I can remove my project peacefully.

 

And that way I know that I am jeopardizing someones IP.

 

I thought that before making anything I would have to read every single existing book and watch every single existing movie.

 

thanks

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So they will warn me before taking me to court.
 

 

I mean in theory they could directly sue you, but they probably wouldn't as it is unlikely to benefit them.

 

That is Ok because I can remove my project peacefully.

 

 

Consider what this means, though. It means the project is dead, gone, and over. It's not an issue of "removing the project" from somewhere and putting it back up somewhere else and getting another free pass in terms of another C&D. C&D means cease and desist. If enough of your project is tangled up in infringing IP that you can't just remove the infringing parts, you have just wasted all that time and effort on that project. I'm not sure you're really thinking about how damaging and demoralizing that can be

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I know that once the project is gone every effort and all invested money is lost and that is damaging.

 

so that means before making anything I should spend few years of reading books and watching movies just to make sure that no one used simillar Idea before?

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No, not years. There's a difference between wasting years and years consuming "all" media to make sure you don't infringe on anything and doing a little bit of due diligence in the area you're going to be working, running trademark searches, and so on. And certainly a big difference between any of that and willfully going in to a project knowing some aspect of it may be infringing.

 

The whole thing has a lot of subjectivity to it. Don't intentional use somebody else's stuff, create your own things, and you'll probably be okay.

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what if I admit that the movie is derivative work

so in the opening text or in credits I write "this movie is based on warhammer 40k story"

does this mean any difference? I mean can this sentence change anything for example if they sue me can this lower the charges or if I ask permission can this lower the price of licence?, or is it the same ike I didn't write anything?

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ok but if I offer to Games workshop this, can I get the licence without spending a lot of money?

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I don't represent them, so I can't say. 

 

Chances are that it doesn't matter to them and they'll still want you to enter into a license agreement, which will involve payment and restrictions on what you can and cannot do with the story and depiction. 

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I gues than I will have to create my own races names planets and movie

 

 

thanks for help once again!

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In the movie one of allien races will be called Orcs. Is that right because as far as I know there is dozens of movies and games that use orcs as their race name and they are all almost the same.

 

Literaly, if you use something very exclusive of something you got inspired by, it is trouble, but, if you use something that is not exclusive to the forgery, you are all set at the very basic sense totaly.

 

Orcs are not exclusive, even Ogres are not exclusive (to Tolkien, etc). But as it has been mentioned, Klingons are exclusive subject, originaly defined and described in Star Trek series.

 

If some of situations and happenings get similiar to some other happenings and situations, this is out of question too I'd very strongly assure- there is no patent for being hit, stolen from, or blowen the monastery from :)

 

You should explore the exclusivity of things you wish to have. But in general, 100+ years existence of a thing, means it is not copyrighted or authorized, wheather it is Davinci's Michelangelo, or the Basilic of St. Peter, etc., (though catholic church may get uncomfortable by some iritating usage, but since we are not in any fundamental society, it'd be imposible to persecute you in any legal manner)

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OK the question I am about to ask has  nothing to do with copyright or trademark but I wont create another topic for that question.

 

I am still making a project (movie), as I said I will create my own movie however I am concerned about something.

 

what about real personal names, so for my movie I need actors and I need names, what if I accidentally use already existing name, I mean someones name can He/She do something against me?

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what about real personal names, so for my movie I need actors and I need names, what if I accidentally use already existing name, I mean someones name can He/She do something against me?


It's unlikely that anyone would sue you for defamation or whatever if you used a name that coincidentally
was his or her name, especially if the character in your movie bears no resemblance to the individual and
doesn't have the same job or characteristics as the individual. If you created an evil rapist character,
depicted him as fat and freckled, and named him Gill Bates, it's unlikely that Bill Gates would think you
had chose to use his name, thinly disguised. But if you created a character who headed a software mega-
lopoly and then went into philanthropy, depicted him as nerdy with glasses, and named him Gill Bates, then
Bill Gates would think you had created the character after him. He might not sue you for that, unless you
then made your character an evil rapist multibillionaire.

If you created a character named Tom Sloper, no matter what your character did, I'd assume you did it
intentionally, because my name is not that common and we have had this conversation, so I know you are
aware of my existence. Would I sue you for that? I don't know - depends on a lot of things.

I'm going on too far afield with this question. In general, you can make up random names in safety, since
there are so many people with similar names and it's unlikely that someone could prove malicious intent
on your part in using the name.

I am not a lawyer, and this is not legal advice. Edited by Tom Sloper
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So I may use names that are same as someone's real name.

 

But what about company names and different other names like using name microsoft or etc.

or using an agency names like CIA or FBI or even NASA for my movie becouse there will be some CIA agents.

 

so my question is do I need permission from them to use that names (can I use agencyes like FBI without FBI's permission)?

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So I may use names that are same as someone's real name.

 

You may not use a specific "someone", but you may use an arbitrary "someone".

 

When the Jack Ryan character was created there were likely people in the world with that name, but it wasn't anyone in particular.

 

When the Jason Bourne character was created, when the Homer Simpson character was created, when the James Kirk character was created, there were likely people in the world with those names but it wasn't anyone in particular.

 

BUT.... If you name your character Jack Ryan, or Jason Bourne, or Homer Simpson, those names now ARE someone in particular, so you're likely to get in trouble with them if you use them.

If you open up a book of names, or an (archaic) phone book and use that to pick a first name and last name that sound good together, that's fine.  But if you pick an existing famous name you are asking for a lawsuit.

 

But what about company names and different other names like using name microsoft or etc.
 

 

No. Company names are trademarks and their names are owned by the companies.  You need permission from the company or you are asking for a lawsuit.

 

or using an agency names like CIA or FBI or even NASA for my movie becouse there will be some CIA agents

Get approval before using their names, logos, buildings, or any other distinctive elements, or be prepared for a lawsuit. 

 

do I need permission from them to use that names (can I use agencyes like FBI without FBI's permission)?

 

YES.

 

If you did not imagine it into existence you need permission to use it.  

 

The concept really shouldn't be that difficult to grasp.  You need permission to use EVERYTHING that  you did not create yourself.  

 

For movies that includes permissions for the furniture, wall hangings, even the distinctive clothing.  If you pay attention to TV and movie characters an extremely high number of them wear generic clothing with no logos, no distinctive stitching patterns on pants pockets, no logos on shirts, and typically plain color clothing. They generally need permission for the buildings they incorporate, creators of any distinctive landscapes. They've got standing licenses to record and publish the pictures of vehicles.  EVERYTHING NEEDS PERMISSION.

 

In games this means making items that are unique to the game. Games either license real-world vehicles or make their own designs for general boxes-on-wheels. Games either license real-world weapons or make their own designs for handheld tube-shaped bullet-throwers. Games either license real-world uniforms and armor or make their own designs for character costumes.  

License it or make up something new and distinctive.  This is true for all things.  

It shouldn't be a difficult concept to grasp, and is normally taught starting with toddlers and earliest childhood:  If it is not yours you need permission to use it.

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No. Company names are trademarks and their names are owned by the companies. You need permission from the company or you are asking for a lawsuit. kiki443, on 28 Jul 2016 - 11:56 AM, said: or using an agency names like CIA or FBI or even NASA for my movie becouse there will be some CIA agents Get approval before using their names, logos, buildings, or any other distinctive elements, or be prepared for a lawsuit.

I am not sure, FBI, CIA are public subjects, I think something too different from Microsoft. There is no single representative to demand damage from a usage of those in manner of copyright or authorship.

 

So I may use names that are same as someone's real name.

 

Just honestly look into yourself before you do, and if you agree of no violations inside yourself, of your own personal justice, use it without hasitation.

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I am not sure, FBI, CIA are public subjects, I think something too different from Microsoft. There is no single representative to demand damage from a usage of those in manner of copyright or authorship.

 

 

Just because the FBI is a government organization does not mean they or their intellectual property are public domain. The use of the seals and names of the FBI and CIA are very tightly controlled by US federal law (see the CIA Act of 1949 for one such example). The FBI actively polices unauthorized commercial use of its name.

Edited by Josh Petrie
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Just because the FBI is a government organization does not mean they or their intellectual property are public domain. The use of the seals and names of the FBI and CIA are very tightly controlled by US federal law (see the CIA Act of 1949 for one such example). The FBI actively polices unauthorized commercial use of its name.

 

It is not possible to violate their usage from copyright-authorship manner.

Yes, you can get yourself a confirmed ultimate punishment for treason, or, any other! Again, no authorship and copyright damage to be ever claimed. You can get jailed for missusage, or, even ultimately punished. No copyright/authorship claim in this though...

Edited by JohnnyCode
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I have been Taught that western law is based on rights, not on ordinances.

If it is based on ordinances, you are right, and following movies must have been simply exclusively pardoned:

https://en.wikipedia.org/wiki/White_House_Down

https://en.wikipedia.org/wiki/Air_Force_One_(film)

 

If we omit privilaged ordinance usage, since the public subjects were the protagonists in the movies, there are also piles of cheap movies where subjects belonging to public were mere antagonists.

 

Were they privileged too, or is this a basic precedental law to use them in fiction?

Do you realy insist on copyright claim from public?

 

If those forgeries damaged the public, by usage of subjects that belong to the public, then yes, you could persecute the creators. But thaty has nothing to do with authorship of those public subjects.

Edited by JohnnyCode
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The companies get permission to use them. That permission is not free. This also applies to government organizations, including the FBI

Becouse it takes their time to confirm the usage, and inspect the intended usage definition.

 

I understand you cannot put FBI logo on a car, cannot put Sheriff logo on your web page, cannot put a "Department of Agriculture" on some badge of yours even in words.

Again, this has nothing to do with authorship infrigement, but a protection of executive symbols against missusage and - even display. 

 

Any usage of those must be confirmed, and for movies or games it is easier, since an intent to abuse observers of those symbols is clearly too unexistant.

 

The trouble extent is uncomparable between a copyright violation, and an executive symbol missusage, it is more serious than falsificating a legal document.

 

I will quote myself now

It is not possible to violate their usage from copyright-authorship manner.
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