Short film - Copyright question

T

thejellygraph

Hi all,

I'm making a short film as part of my second year at University. If it proves to be any good, I am planning on sending it to festivals etc, so I'm trying to make sure everything would be in order legally. It's still in very early story development, but I was planning a scene which might require me to use an image of Superman.

Would I be allowed to use this image, legally? The context would be a little boy reading a Superman comic book (which then goes on to actually trigger the main story). Any advice on this matter would be great. I do have alternative options if needs be, but I do like the story this way, so if I can keep it without too much hassle, then I will.

Thanks!
 
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But seriously folks....

In general you should be fine, legally, with film festivals.

I'm curious; isn't this something the University touches on? I'm not suggesting
you should not ask here, I'm curious if the legal issues of filmmaking are discussed
at your University? If so what did your professors say about showing a comic
book in your movie?
 
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directorik said:
But seriously folks....

In general you should be fine, legally, with film festivals.

I'm curious; isn't this something the University touches on? I'm not suggesting
you should not ask here, I'm curious if the legal issues of filmmaking are discussed
at your University? If so what did your professors say about showing a comic
book in your movie?
Click to expand...

Honestly, it's never really mentioned unless you ask. They cover music rights etc, but never smaller things like characters copyrighted to other companies. I have asked my tutors, but given that we've already ended term, they're not fantastic at replying, so I thought I'd check on here in the mean time.

Thanks for your non sarcastic answer too, much appreciated.
 
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thejellygraph said:
Honestly, it's never really mentioned unless you ask. They cover music rights etc, but never smaller things like characters copyrighted to other companies. I have asked my tutors, but given that we've already ended term, they're not fantastic at replying, so I thought I'd check on here in the mean time.

Thanks for your non sarcastic answer too, much appreciated.
Click to expand...

Yeah... seriously... if this forums wants to have it's little group of people... go ahead and keep being snarky to all the peeps asking questions... because you are obviously NOT making films and NOT contributing to the discussion...

Copyright seems to be one of the last things covered in any film and video course... which is probably because universities get away with it so easily for school projects. And also because copyright law is a course unto itself and not simply and hour long lecture.

It is probably better for you to not get into the habit of involving questionable subject matter into your video. At this point, you need to figure out a creative work around. Is Superman imperative to your story... or is the idea of a Superhero? If it's simply a shot of a comic book, perhaps you can create a cover for a comic book that creates a new character that will have specific meaning to your story.

Remember, as the script writer there is NOTHING that can't be changed.
 
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Copyright seems to be one of the last things covered in any film and video course... which is probably because universities get away with it so easily for school projects. And also because copyright law is a course unto itself and not simply and hour long lecture.
Click to expand...

It's a pity if that is the case. The law is one of the foundations that filmmaking is built upon.

I'm making a short film as part of my second year at University. If it proves to be any good, I am planning on sending it to festivals etc
Click to expand...

I'm not a lawyer. Those are really two different circumstances to consider. There are copyright fair use allowances for educational purposes. These allowances will no longer apply to your work if you submit them to film festivals.

Whether it will infringe can depend on its use. I personally think you'll be ok from what you described, but you're probably better off looking for a slightly alternative option.

It's good to get into a habit in creating everything you use, or buying releases (permission, licenses) for everything you use.
 
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Lawyers do not frequent this site. The 'legal' information you're going to get here is typically based on opinion and emotion rather than fact.

The real reason that logos on TV shows are covered or blurred has to do with protecting the value of their commercial time. They can't give away free advertising during a program and then charge a premium to sell advertising time for commercials. Want your band on TV? You gotta pay. The same generally goes for film, but not always. On the film FLIGHT (about an alcoholic pilot), several liquor brands unsuccessfully petitioned to court to have their logos removed from the film (LINK). The brands were not asked permission or compensated for their appearance in the film.

Here are some facts that will set your mind at ease. Read THIS article.

- Thomas
 
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_Rok_ said:
Lawyers do not frequent this site. The 'legal' information you're going to get here is typically based on opinion and emotion rather than fact.

The real reason that logos on TV shows are covered or blurred has to do with protecting the value of their commercial time. They can't give away free advertising during a program and then charge a premium to sell advertising time for commercials. Want your band on TV? You gotta pay. The same generally goes for film, but not always. On the film FLIGHT (about an alcoholic pilot), several liquor brands unsuccessfully petitioned to court to have their logos removed from the film (LINK). The brands were not asked permission or compensated for their appearance in the film.

Here are some facts that will set your mind at ease. Read THIS article.

- Thomas
Click to expand...

She's hot... and smart.
 
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Brilliant, all this information is really useful and helpful for learning - thank you everyone!

As mentioned previously, I've found some old Max Fleischer superman cartoons which are in the public domain, so I would be tempted to use one of those cartoons, or alternatively still images from them.

I've also got a back up plan too, so once I have heard from tutors, I can always employ it if necessary.

Again - many thanks to everyone. I agree it is a huge shame that we don't learn more about copyright, but as mentioned, it's a course in itself! Cheers :)
 
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Don`t cling on FairUse. The solution to your specific problem, and many more to come :) is to workaround. Sometimes a workaround turns out better than the original idea. For example: Ask an unknown artist to use his cartoons for mutual benefit.
 
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