Copyright Questions

This may not be the best place for this question (I don't know how much traffic this MB area gets), but whatever...

I've been doing some film-making and screen writing and I have a few copyright-related questions. If anyone has any real knowledge, links to a source of information, or experiences with these things, feel free to let me know.

1. When writing a line of dialogue, and you want to reference another movie by actually quoting (a character says a line from another existing film, like Star Wars) are there any possible legal repurcussions? What about lyrics to a song? Do you need to pay royalties? I know in parody or homage you don't, but what about actual word for word quoting? I'm not talking about featuring movie clips or songs, just pop culture "reference" using lines of dialogue or song lyrics.

2. While shooting on location (whether that's outside in the city street or in a bedroom) do you need to make sure that company logos, advertisements, products (like a film poster or motor vehicle) need to out of the shot? Do you need a car company's permission to use their car in your film or a toy manufacturer/licensor's permission to use an action figure? I ask because I have seen movie posters, toys and cars in independent films and I'm sure they didn't license any kind of rights (but were they supposed to?).

These might be stupid questions, but I don't want to assume what's acceptable, legal, and in my public right. Any informed ideas? I certainly don't want to follow Spaced's (UK based TV show) lead and then find out I can't distribute without paying for licensing fees that I obviously can't afford here in the States.

Thanks for the link. Fair Use is definitely something that can be interpreted.
I found this discussion while doing a search that specifically mentions film:
http://www.capitolgrilling.com/forum...at&Number=7254

There are departments at the studios that deal exclusively with licensing/clearances of indentifiable objects/products used in films. There are also product placement companies and personnel at the studios who cut deals with companies to use their products in a visible way or sometimes exclusively (example: only Coca-Cola company beverages will appear and no other brand).

As for objects, it depends on what it is. If a film uses any artwork in a scene, say a gallery scene, they need to get permission (clearance) to use the art from whoever owns it. If it's an original oil painting that I own, the studio would have to get my permission. If it was a numberd print that I owned, they would have to get permission from the artist who owns the original copyright to the work. Depending on what is negotiated, licensing/clearances can be free (no cost to studio/filmmakers) by giving the copyright/object owner a screen credit or fee with or without a screen credit.

If someone were to use an Ant Farm or a Slinky, the filmmakers or whoever owns the film would most likely have to obtain permission (clearance) from whoever has the trademark/copyright on the Ant Farm or Slinky. I know because I've seen the licensing/clearance deal memos/contracts for all sorts of stuff used in films. And the object doesn't have to have a logo. Just try using a Barbie doll. Mattel's lawyers will send a cease and desist letter faster than you can say Barbie. Even if it's used in a parody/satire.

I went through this with a collection of 12" Barbies and action figures I was going to use in an animated parody/satire series. When I found out I'd get my clock cleaned by Mattel and probably the other toy companies, I contacted various other animation artists/filmmakers who were doing similar projects to see if they'd be interested in purchasing the collection. They had run up against the same problems regarding trademarks. That's why Leno and Conan, etc., have huge legal staff to assist them with licensing/clearances for things they use in skits. Or the other trick to avoid trademark/copyright violations when using Barbies/Action Figures is to sculpt new heads/faces/masks to put on the figures.

AND:

Again, its probably best to get clearances on products that are featured, but stuff that appears in the backgorund will tend to be exempt.

In either case, its only a problem if somebody sues.

Say you're shooting a film in a museum... if you have a shot that clearly shows a particular work, or the characters are in front of it chatting for a few moments... enough time for the audience to really register what it is - get a clearance.
But, say the characters are running through the halls, past lots of paintings... clearances wouldn't be needed on each painting.

None of this is a hard science. Small film productions will likely be less concerned than a major studio who'll already have a staff of lawyers.

MORE:

Some cities are now going as far as to copyright images of monuments. In other words, I could spend a whole day setting up an "Ansel Adams" type shot of a public monument, and even though the photography is my actual work of art, I wouldn't be able to sell the shot as a postcard without paying fees. Pretty soon, some government or corporation is going to figure out a way to copyright a brook, or stream or sunset, or trademark a certain photography style or angle.

For the most part this madness doesn't exist in the rest of the world. That should be an indication of how excessive the laws here have become.

As a quick exercise: Anyone ever see Americana type coffee table books with photography from around the country? So did the photographer have to track down the artists who painted murals in the street and graffiti appearing in the urban shots? How about photos of the National Zoo entrance with a sculpture outside? What about a barn in the middle of nowhere? The lighthouse in a small town? Does the city own the copyright for that? You can see where I'm going with this...

AND YET:

A few years ago I worked as product placement coordinator for low budget ($2 million) film about an old man who travels hundreds of miles on his John Deere tractor to visit his dying brother. The producers spent a lot of money trying to get John Deere's blessing to use their logo and vehicles in the film. They declined, saying that we would be using their vehicles in an unsafe way - one scene was to have the tractor driving down the middle of a rural road.

They also approached David Lynch to finance and executive produce the film, but he declined, saying it wasn't his cup of tea.

As it happened, David Lynch actually found the source material for our film and made Straight Story. He also managed to pay John Deere enough money to use their product and logo, in spite of it being used to drive down the middle of a road.

We ended up using a John Deere with the logo painted over. Alas, our movie sucked, and David Lynch's earned nominations.

Could this be the answer?

Anytime you film anyone, or something that someone has created/owns the copyright/trademark to, you need to get a release from them or negotiate a fee. Simply put, you need their permission. It's been like this for years, albeit, a lot of people don't know or give a shit if their stuff is used. But it is common decency and courtesy to ask. When you do, most people will be glad to let you use their stuff in exchange for giving them credit.

BUT BUT BUT HOLD ON

And backtracking on the subject of product permissions from films, my buddy in legal at a major studio (winner of a number of Golden Globes last night) wrote:

if a car is being used for it's intended use, we don't have to clear it. same w/ pretty much everything else. but if it's the focus of the scene (car chase on a Yamaha motorcyle, some one jacking off to a bowl of Wheaties...well, yeah, it needs to be cleared).

For fear of a lawsuit, a studio may clear EVERYTHING... but in reality they do not. A legal department will review the films and red flag certain items, but they aren't legally required to.

An informative document that I need to delve into: http://www.a-p-a.net/docs/copyright_law.pdf

Looks like furniture, clothing, and other mass produced items get tricky.

Thanks!

Anybody know if there are copyright ramifications for using Halloween masks, costumes, or accessories in a film? I'm not talking about having somone dressed up in a Spongebob (licensed character) costume. I was thinking more like generic monsters, creatures, aliens, etc.

Sure, it's cheap and cheesy, but I don't have any experience (or budget) with latex.

Would love to make something like this or this.

EDIT: Shit, there's a how-to vid here. No latex needed.

Even in conversation? Really? Not that I'm a fan of Kevin Smith, but he got this conversation in Clerks cleared by Lucas?

Randal Graves: Which did you like better? "Jedi" or "The Empire Strikes Back"?
Dante Hicks: "Empire".
Randal Graves: Blasphemy.
Dante Hicks: "Empire" had the better ending. I mean, Luke gets his hand cut off, finds out Vader's his father, Han gets frozen and taken away by Boba Fett. It ends on such a down note. I mean, that's what life is, a series of down endings. All "Jedi" had was a bunch of Muppets.

I'm pretty sure merely mentioning/discussing a licensed product is "fair use". Isn't it? Quoting lyrics ("Just'a good ol' boys, Never meanin' no harm. Beats all you never saw, Been in trouble with the law, Since the day they was born") sounds like different a case than a character admitting that the Dukes of Hazzard was/is their favorite show...

The reason Weird Al gets clearances from the artists is because he reproduces the music exactly (changes the lyrics only). MAD Magazine doesn't have to ask permission, because they're one-shot parodies. Do stand-up comedians who do impersonations (or on SNL or MadTV, etc) really need to get clearances from celebrities (including President Bush)? Doesn't sound accurate.