More Trademark/Copyright question fun

[Tinalera]

Okay, I've read through the threads I could that have been tackled, but here's the scenario:

Question 1:
Okay, say I want to a film review of "Alice Sweet Alice". I DON'T want to use an image from the film. I want to take an picture of myself wearing a similar costume and mask and use it as a small visual for the review (I would still be giving links to appropriate places for more information.

So, how much of the "image" is mine? I've taken the picture in my home of myself in a costume based on a character of a film(I'm NOT even talking about recreating a scene, just me standing against a wall). I'm assuming the photograph is my copyright, I took it. I guess I'm wondering from an intellectual property standpoint, how much different is this than someone dressing up as "Jason" on Halloween, taking a picture, and posting on the internet?

Question 2:
If I did, in fact USE an image from the film for this review instead of my own image(also research and education, it's a fansite for masks), does that fall under "Fair Use" for the film. (I know not making money is only one part of it).


This question was edited for Clarity (I hope)


Thoughts?

 

[2001 Productions]

I want to post a picture of the character's mask (One of those semi-transparent halloween type masks and a raincoat). I DONT want to post any image from the film. My picture is DIY halloween costume I take of myself wearing the outfit at home... I'm assuming the photograph is my copyright, I took it.

Yes, the photo is your copyright and is not a violation of the rights of the filmmakers, assuming the mask isn't something distinctive that was specifically designed for the film, e.g. Darth Vader's helmet. If the mask was purchased rather than created by you, however, there is a possible copyright consideration there.

 

[directorik]

Number 1 - Your question is really confusing. There seems to be
two things going on in your question. “Fair use” means you can use
portions of a copyrighted property for criticism, comment, news
reporting, scholarship and research. If you create a costume and
take a picture of it, you own that costume and the right to copy
the photograph.

Number 2 - the “fair use” clause in copyright law is very clear.
Copyright law has nothing to do with making a profit. The right to
reproduce or to authorize other to reproduce (copy) is the only
issue. If money does not change hands the copyright owner still
has the right to decide who is making a copy.

I know this is a very standard confusion. Most people think if you
aren’t making any money you can reproduce (copy) an image or a
movie or a song. You can’t.

Read the “fair use” clause. It’s pretty clear.

 

[Tinalera]

I'll reply to both here:


2001-Okay I understand what you're saying about it. Here's what I want to do: I want to review a movie (Say Alice Sweet Alice). I would be wearing a mask (which is really a generic plastic mask that looks similar and wearing a raincoat (great movie BTW). I want to use that pic beside the review, with appropiate links for more information, ect.

The thing you bring up is interesting-if I buy a "Darth Vader" or "Michael Myers" mask, how is it different what I want to do, from someone putting on a mask on the street, taking a picture, and slapping on the internet for all to see? (Or is it the same, the studios could theoretically chase them down?)

Directorik-
Thanks for clarification.

As far as the costume stuff-yea, I should made that two seperate questions. I wasn't asking about fair use so much for my picture as for the written review and if I DID use a single image from the film(instead of my own pic), could I claim fair use of that image as part of my review.

I will look up the "fair use" again, however.

My own costume and picture, I understand.

I understand my question was a bit confusing though, and I apologise. You've made clear the distinctions (and yes I know, I keep falling into the "I'm not making money trap" myself as you can see).

I've since edited the question for any who read this, partly based on 2001 and Directorik's comments.

 

[2001 Productions]

if I buy a "Darth Vader" or "Michael Myers" mask, how is it different what I want to do, from someone putting on a mask on the street, taking a picture, and slapping on the internet for all to see? (Or is it the same, the studios could theoretically chase them down?)

If you buy a mask, any mask, the copyright for that mask is owned by the company that created and sold it.

In the case of the Darth Vader mask, that is a very specific design that was created for those movies, so there is an additional copyright issue with the Star Wars franchise.

The Michael Myers mask, if I recall correctly, was just a plain expressionless face. Obviously that's not specific enough to be copyrighted so if you create your own plain, expressionless face mask you should be safe.

 

[Tinalera]

If you buy a mask, any mask, the copyright for that mask is owned by the company that created and sold it.

In the case of the Darth Vader mask, that is a very specific design that was created for those movies, so there is an additional copyright issue with the Star Wars franchise.

The Michael Myers mask, if I recall correctly, was just a plain expressionless face. Obviously that's not specific enough to be copyrighted so if you create your own plain, expressionless face mask you should be safe.

Yeah, okay

Making my own would be more fun anyway . I just want to have some sort of visual indicator beside the review, seeing as I'm more about the mask, masks being visual, ect.

Trust me, I'm going to have GANGS of fun when I go to publish my book on masks, all those pictures, with one chapter dedicated to movies. Looks like I'll be trotting to the lawyer to see what I'll be able to do without spending thousands on fees, permissions, ect.


Thanks 2001. Things are cleared up. (I never do things the easy way, you notice? )

 

[sonnyboo]

The Michael Myers mask, if I recall correctly, was just a plain expressionless face.

It was a Captain Kirk face mask from the 1970's.

 

[2001 Productions]

I stand corrected!

Learn something new on this forum every day.

 

[Dreadylocks]

It was a Captain Kirk face mask from the 1970's.

LOL. Wow. That makes me think of that trippy sequence in the voyage home when they are going back in time. It's all purple clouds and echoey voices and giant slightly less detailed white shiney mask head things...

Still one of the best trek movies, though

 

[Tinalera]

I stand corrected!

Learn something new on this forum every day.

Yea, apparently they painted it white, made some alterations, and voila! Michael mask-say, does that mean that Carpenter owes Star Trek Royalties?


I guess not-they painted it and adjusted it enough, but yea, they were on a bit of a budget, so they grabbed a 99 cent mask off the rack-I wonder if the Hockey mask in F13 was the same idea...