Mockbusters . . . Are they legal?

Modern Day Myth Prod. LLC

Modern Day Myth Prod. LLC

The Asylum did it with Terminator 4: Salvation with their version called The Terminators and again with Marvel Comics Thor they call Almighty Thor. Both got aired on the SyFy Chanel.

Are such productions legal? They seem to be copyright infringments.

What are your thoughts?
 
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As I understand it, movie titles are not protected by copyright - you can call your film "Casablanca" or "Citizen Kane" and it's likely the only repercussions you'll have are from people who don't like you naming your film after a classic.

The story of Thor is based on a Nordic legend and robots rising up in revolt against their masters isn't a new concept, either, so they're both wide open for interpretation. Asylum definitely takes full advantage of naming their films after something already known or iconic, and ScyFy doesn't seem to mind running them, so they have a good thing going, it appears - but no one I know would be enthusiastic about modeling their production company after Asylum's practices.

They're not illegal - they're unoriginal, unimaginative and pretty god-awful, from the majority of reviews I've read - but they're guilty of an actual crime.

gelder
 
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steve gelder said:
As I understand it, movie titles are not protected by copyright - you can call your film "Casablanca" or "Citizen Kane" and it's likely the only repercussions you'll have are from people who don't like you naming your film after a classic.
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A title can become a brand and then trademarked. Those, you cannot use. Star Wars is probably a TM.

As far as the whole production, can't answer.
 
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indietalk said:
...Star Wars is probably a TM...
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I agree, but something like "Space Wars" won't be, so The Asylum (or anyone who cared to do so) could go ahead and make an epic Sci-Fi movie under that title and pass it off as somehow being related to the "Star Wars" movies.

I actually started a thread on this a while back when I saw Asylums "Battle of Los Angeles" in the shop, at the same time as "Battle: Los Angeles" was in the cinema. That thread can be found here: http://www.indietalk.com/showthread.php?t=29599&highlight=mockbusters

These films certainly aren't illegal, but they must be treading some kind of thin line...
 
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