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References

SheffProductions

SheffProductions

Okay so I know a lot of films make references to other films, and it may sound like a bit of a daft question, but it is something I have thought about and must ask. :rolleyes:

Are there any legal issues around referencing? I enjoy making references when i talk to people in everyday life and would love to put most of the references into films for the comedy factor :)

Any help would be most appreciated
 
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I'm in the same boat. Are you just wanting to reference a movie title in your script ...like:

================================

JOHNNY

I loved "Close Encounters". ...Great movie.


...The other way I have seen it:

JOHNNY

I loved Close Encounters. ...Great movie.


================================

....or are you wanting to script a clip from another movie within your script?

-Birdman
 
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It depends on how it will be. If you have a small following or know that not many people watch your films, yea go ahead. Like me, I only have 20 some people who look at my stuff. So if your big you'll want to do something like your talking.
 
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Supernatural

It's more like the ways that Supernatural go about it. If you've ever seen it then you'll know what I mean but if not my best example was an episode where they obtain a ring from one of the Horseman and one of the main characters called Dean is sat on a bench at the end examining the ring and says:

"So...quick stop at mount doom?" :lol:

Which if you couldn't tell is a reference to the one ring in Lord of the Rings. It adds a great comedy factor but I've never discovered if there's any legal side to these references.

One of my characters becomes a ghost in my script and I'm thinking of making a reference to a movie (unsure which one yet)
 
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There are two elements that people mistake about copyright: (1) it applies to a physical, recorded work (not an idea) and (2) it's purpose is to protect the creator's right to profit from the creation. So you can have a story about a group of wizards/vampires/zombies etc. that passingly resemble more recent stories without necessarily violating copyright PROVIDED you don't use the names, exact story elements, etc.

As far as your question, referencing elements from a movie does not violate copyright. It doesn't adversely affect the original creator's right to profit from their film. So if you had your ghost character turn to his companion and say sarcastically "So who ya' gonna call?", it would not be a problem. The viewer would have to know the film to get the reference.

The only precautionary note is that some characters have been trademarked for marketing and branding purposes. This is a newer trend to protect 'movie assets'. In general, names are not protected. "Thor" was the Norse god of thunder well before he became a movie feature. However, "Harry Potter" and other characters (particularly with Disney) have dolls and often are protected if used in conjunction with the movie persona. Their representation outside of protected uses (satire, review) often requires permission.

So having someone in round glasses with in school robes and soot on his forehead walk into a room. If the ghost comments, "You look like Harry Potter." could get you in trouble. But having a wizard in a dusty jacket wipe his brow creating a sooty mark turn to the ghost and the ghost says "Looking for Hogwarts?" should slide by. It's a playful turn that doesn't label the character nor detract from the series profits. And mentioning Hogwarts isn't a violation of copyright.

Trademarks are not new, their use is predominantly for branding. It is more an issue on the filmmaking side than the screenwriting. Still it's worth keeping in mind.
 
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Is everybody in UK and US terribly afraid of copyright? Why does everybody think that Universal Studios and all the major studios care about your 500 dollar no budget film and will sue you for the smallest things on the planet , not to mention that your film will probably be showcased on Youtube and not many people are going to actually see it .

Why everybody has this huge paranoia that all the huge directors and producers are going to sue you ?

Honestly I know that copyright is important and you should definitely be aware of it , but people on this forum are like .

'' Hey , Transformers used a lot of cars , me and my kids are making short movie , it's not like Transformers , it's actually about a rabbit learning to drive a car on the highway , but Michael Bay used cars and highways so .. do you think Michael Bay is going to sue me and my kid for making my movie?Thanks! ''


No one will . Calm the hell down .
 
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"Cinderella Man" and "Rocky" are two totally different movies.

In "Rocky" you have a virtual no name fighter getting a shot at a world championship fight. The main character lives in poverty, struggles with employment issues and seeks to win the admiration of his woman. It all comes down to an against-all-odds, breathtaking last-round battle for victory both in the ring and in spirit, ...all the while getting the shit beaten out of him in the process..

...However;

In "Cinderella Man", you have a virtual no name fighter getting a shot at a world championship title fight. The main character lives in poverty, struggles with employment issues and seeks to win the admiration of his woman. It all comes down to an against-all-odds, breathtaking last-round battle for victory both in the ring and in spirit ...all the while getting the shit beaten out of him in the process.


Nobody could ever legally argue that "Cinderella Man" was a copyright infringement on "Rocky".

-Birdman
 
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Red Robot you raise a fair point. I would add though that in the States a lot of people have a fear of litigation because it's so common. Most people know someone who has been sued. There are thousands of no-win-no-fee legal firms, they've hugely exasperated the problem.

I don't know Bulgaria but I imagine litigation would be nowhere near as common.

Most new film makers often don't have a basic understanding of copyright - hence you get lots of fear-based questions.

.
 
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RED ROBOT said:
Is everybody in UK and US terribly afraid of copyright? Why does everybody think that Universal Studios and all the major studios care about your 500 dollar no budget film and will sue you for the smallest things on the planet , not to mention that your film will probably be showcased on Youtube and not many people are going to actually see it .

Why everybody has this huge paranoia that all the huge directors and producers are going to sue you ?

Honestly I know that copyright is important and you should definitely be aware of it , but people on this forum are like .

'' Hey , Transformers used a lot of cars , me and my kids are making short movie , it's not like Transformers , it's actually about a rabbit learning to drive a car on the highway , but Michael Bay used cars and highways so .. do you think Michael Bay is going to sue me and my kid for making my movie?Thanks! ''


No one will . Calm the hell down .
Click to expand...

I understand your point. However I know that referencing films is something that I do a lot daily with friends, and I aspire to become a Director in the future and hope to be one of the greats like Spielberg, Lucas, Tarantino etc. So for me it's more about getting into the routine and so I wanted to be sure.
 
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