Parodies

dlevanchuk

dlevanchuk

I have a character who is a huge fan of Harry Potter and he dresses up as if he was a Hogwarts student. Would that be considered as a copyright infringement?
This doesn't take place in HP universe and just gives references to the movies/books..
 
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It will really come down to how you are going to distribute the film. So, how are you thinking of releasing it?

Will the logo from the films be present on their costume in the video? If so, yes, it most likely is considered copyright infringement.
 
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Would that be considered as a copyright infringement?
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Considered to whom? Those at Warner Brothers who might sue, or to the judge and jury who could preside over the case?

If it's a parody of Harry Potter, then you may successfully able to defeat a law suit, but you still may still get sued.

The likeliness of being sued may also come down to the light that you put the character in. If it defames the brand, it may increase the likeliness of a suit. If you're judgement proof, that may lessen the chance. If you become the straw that breaks the camels back, who knows what would happen then.
 
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Sweetie said:
Considered to whom? Those at Warner Brothers who might sue, or to the judge and jury who could preside over the case?

If it's a parody of Harry Potter, then you may successfully able to defeat a law suit, but you still may still get sued.

The likeliness of being sued may also come down to the light that you put the character in. If it defames the brand, it may increase the likeliness of a suit. If you're judgement proof, that may lessen the chance. If you become the straw that breaks the camels back, who knows what would happen then.
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True, but how likely is that, considering that it's just a small Youtube series?
 
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If the character JUST dresses up like a copyrighted Hogwarts student attired intellectual property then YES you have a problem.

If the character is, within the story, making a deliberate mockery of Hogwarts student attire TO THE OTHER CHARACTERS within the the story or TO THE AUDIENCE you should be fine.

If it's a affectation or character's personal style it's not good.
If it's mocking the franchise then you're good.
If it's mocking HP fanboy's then you're good.

The beginning legal problem will begin with youtube or vimeo pulling down your short(s).
Second step will be a cease and desist warning from attorneys.
After that you may incur actual legal fees.
 
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but how likely is that
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If you're considered judgement proof then what rayw said is most likely true. The likeliness is impossible to tell without A). The Legal experience in said field (which I don't have) and B). Full knowledge of the material (which I also don't have).

Until that time, I'm just a guy on a forum throwing at you my opinion.
 
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