Legality of having a film on in the background?

I am currently in the process of writing my first short and it features a scene where by the lead character is watching a horror film on TV(Psycho to be precise!).

The film won't be for profit,and won't be broadcast other than on youtube etc.

My worry is that whoever owns the rights to Psycho might see it and take me to court.

Is this something to worry about or with me being such small fry is it highly unlikely to cause me any trouble?

Cheers.
 
It's not legal at all, but, at the same time, if you're just an amateur putting it up on YouTube, nobody is going to care.

Next time you might want to check out public domain films, the most popular of which is Night of the Living Dead.
 
My worry is that whoever owns the rights to Psycho might see it and take me to court.
A little further explanation:

The right to copy (copyright) does not hinge on your intentions - it's
about the rights of the owner to control how their work is used. As
creators we should always respect the copyright of other creators.
Allow them to grant or deny permission.

No. You will not be taken to court. What may happen is Universal
Pictures (which currently owns the Psycho copyright) will ask you
to remove your movie due to violating their rights. They have every
right to ask that. As Nick says, they may not ever notice so they
may never ask.
 
Next time you might want to check out public domain films, the most popular of which is Night of the Living Dead.

Which still has problems - even when the copyright was not renewed, the SAG actors and WGA screenplay are STILL under contract, so the performers are still owed royalties for broadcast and distribution.
 
Find an indie horror film and ask if the director/producer(s) if they will let you use it, just like you would ask an indie band if you can use their song. Exposure is exposure, so most will say "Yes."
 
Thanks folks. The actual film Psycho isn't needed, but a well known horror OR film that is very easily recognised as a horror is integral to the story.

I don't want to step on anyones toes so I will do as you have said and respect the current owner of the material.

Better get hunting for an indie horror, or as said above maybe maybe a 20 second snippet of my own!
 
If you don't show the TV screen some creepy music, a chain-saw sound effect and some screaming should get the point across.

KISS - Keep It Simple Stupid!!!


Just keep in mind that YouTube has found a fun way to mess with you. If you use copyrighted content and your video attracts enough viewers to merit an ad before playback the ad revenue goes to the copyright holder, NOT to you.
 
Talking particularly on "Night of the Living Dead", there are hundreds of different versions, with different copyrighted soundtracks. You'd need to be very careful if ever thinking about using footage from that movie.
 
Foggy, except for the 'shower scene' (which is almost a cliche anymore), is there anything else in Psycho that would be instantly recognizable from just a few short seconds of viewing in the BG? But Alcove has a great idea about finding some indie film, I'm sure some other filmmaker would be grateful for the credited exposure, which in turn would give you greater exposure.
 
Is there any reason that you cannot shoot your own horror scene, plague it with obvious horror music and voilla, you're set, you're protected, you can do what you want with the project and no one will look back and claim you breached their copyright rights.
 
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