Copyrights, Fan-Art, and You

[staceyrebecca]

As per usual, I started writing a big ol' forum post, but then thought it might be good blog material, so it went there instead. Feel free to open the can of worms here if it makes you feel more comfortable. You can also choose to discuss it like a grown-up here, but I'm not sure if that's as exciting.


http://puppetpie.blogspot.com/2010/03/copyrights-fan-art-and-you.html

 

[Eaglekiller]

I almost didn't want anyone to see what my Whatnot from FAO looked liked since I was afraid people would copy him. But over time I got over it.

 

[shtick]

Imitation is the greatest form of flattery. Nuff said.

 

[HauntedPuppet]

If its out there, its GOING to be copied by someone . . . period.

I myself am guilty of this as the movie I am making infringes on literally HUNDREDS of copyrights . . .

It probably would be harder for an American because of the way your domestic copyright laws work but international copyright is another matter. And trying to sue someone with no money doesnt really work . . . lol.

 

[Puppetplanet]

If its out there, its GOING to be copied by someone . . . period.

I myself am guilty of this as the movie I am making infringes on literally HUNDREDS of copyrights . . .

It probably would be harder for an American because of the way your domestic copyright laws work but international copyright is another matter. And trying to sue someone with no money doesnt really work . . . lol.

I don't mean what I am about to say in an attacking or malicious way at all, so please just hear me out as I state my oppinon on your statement above. I just have a really bad abrassive, abrupt way of saying things because I just say how I think... I'm not good at trying to reform words or "sugar" coat, etc. So please don't take this the wrong way.

Just because you CAN do something, get away with it, you don't have money for people to sue for, or whatever.... doesn't make it right. And it does say a lot about ones character. I guess what I'm saying is that certain things in life are accountable by means of how each person values their integrity.

Your text ("I myself am guilty of this as the movie I am making infringes on literally HUNDREDS of copyrights . . .") looks like your bragging about stealing other peoples hard work. I sure hope thats not the case, and maybe you were just joking with us.

-Michele

 

[HauntedPuppet]

I don't mean what I am about to say in an attacking or malicious way at all, so please just hear me out as I state my oppinon on your statement above. I just have a really bad abrassive, abrupt way of saying things because I just say how I think... I'm not good at trying to reform words or "sugar" coat, etc. So please don't take this the wrong way.

Its all good, I have read a few of your posts and am familiar with the way you come across.

Please have the same attitude towards my post as I sometimes come across the same way apparently though I do not mean to. Im just a strait shooter.

Just because you CAN do something, get away with it, you don't have money for people to sue for, or whatever.... doesn't make it right. And it does say a lot about ones character.

In what way does it speak of my character?

I guess what I'm saying is that certain things in life are accountable by means of how each person values their integrity.

Quite right, but integrity is something that can change depending on how the person is feeling about a certain situation at the time. The huge majority of people claim to have morals and integrity of certain values but they can drop these if it is convenient for them. I do not believe that I have ever met anyone who doesnt do this. Im sure they probably exist but if one were to be truthful to themselves they would probably find that they fall into the "if its convenient for me" category.

Your text ("I myself am guilty of this as the movie I am making infringes on literally HUNDREDS of copyrights . . .") looks like your bragging about stealing other peoples hard work. I sure hope thats not the case, and maybe you were just joking with us.

-Michele

No its not a joke. I am not bragging about stealing other peoples hard work.

In fact it was not a brag at all, it was merely text saying "the movie I am making infringes on literally HUNDREDS of copyrights"

Have you ever watched something on TV, movie or digital media such as youtube that is a direct parody of something else for humor and entertainment value? Did you find those shows funny and entertaining? Did you have those same opinions then?

Yes the film I am making has a fair number of direct parodies that copyright people may not like if it were in mainstream film media but it is for entertainment purposes only and not for making money.

How many people have made "fan films" for StarWars and other popular movies?

They are perfectly legal. They use storm trooper costumes and jedi costumes and have story lines that are directly involved with the main story of starwars. In fact some of them were so good that Lucas Arts themselves employed a fair number of these people for the 3 most recent films.

So in closing, Yes technically it does infringe on copyright. However, because it is a non-profit "fan film" it is actually within the legal loop hole.

Peace

 

[puppetsmith]

Valid parodies would normally not be judged as copyright infringement under U.S. copyright laws.

Infringement of copyright is not determined by profit. Copyright laws are in place to not only protect against the unauthorized sale of a copied work, but also to protect it from being freely distributed without permission.

 

[HauntedPuppet]

Valid parodies would normally not be judged as copyright infringement under U.S. copyright laws.

Infringement of copyright is not determined by profit. Copyright laws are in place to not only protect against the unauthorized sale of a copied work, but also to protect it from being freely distributed without permission.

Of Course.

However the point of discussion was about people copying puppets. I have made many copies of famous puppets for the reason of being able to film the parody.

Just as with the starwars costumes, these copies fall within a huge grey area. The costumes and character likenesses are copyrighted yet are usable legally in fan film purposes.

My movie has characters in them that are quite famous from a lot of genres. Whether this is illegal or not is irrelevant to me because it is done for a parody purpose.

Peace

 

[practicecactus]

Lucasfilm has been good about not going after fan made stuff because they've realised how huge it is and all that stuff is essentially free advertising, and lets be honest, the fans are doing a much better job of keeping the dignity of star wars than Lucas himself. Besides the fact that going after fans would hurt their reputation and of course the Streisand effect. There was an interesting case about one of the guys who worked on the production of the original stormtrooper costumes for the movie, and while lucasfilm don't normally go after people making them, they went after him because he claimed copyright ownershp of the stormtroopers and Lucasfilm weren't having any of that. In the end, the court ruled because the production of the costumes was of an industrial nature, rather than artistic, Lucasfilm had no case.. in England anyway. Lucasfilm won in the states.
I heard Marvel was going after convention sketches and they're on the way out at conventions because the majority of people who get sketches put them straight up on ebay.

 

[HauntedPuppet]

Actually there have been a number of cases and starwars is not the only series to have a big run of fan films.

The main thing is that they have no case. One can make and film whatever they want (within logical reason) as long as they do not profit from it. If there is no profit it is perfectly legal.

It is not that Lucas Film has refrained from going after them, its that they have no legal grounds to go after them. Money hungry Lucas would sue if his lawyers thought he could.