Showing Clips of Movies in Movies

Maybe this belongs in the legal section, but I'm a newbie so I thought I'd post here. I'm just starting to work on my first short film. Though it's more for fun and practice than anything, I would like to enter it into a local and possibly other film festivals. I understand the general concept of copyright in terms of using others' music, but is there any kind of problem I may run into by showing characters watch a clip of a movie or tv show in my film? For example, in my short, there is a part where two characters are watching Twin Peaks and comment on something in the show. Is there any kind of problem that could arise legally by doing that? Just being safe :)
 
If you make money off it. possibly. but id say shoot it and worry later. i have similar issues as well. but if you stop and think about it. when shooting a movie how to you not accidentally film something that may be copy written? billboards. cars. shoes. don't stress. get the job done.
 
If you want to get away with it without violating copyrights your characters can be watching on a laptop, pad, phone, etc., sharing a pair of earbuds. The audience never sees "Twin Peaks" and the audience never hears "Twin Peaks." There's just the dialog of your characters commenting on "Twin Peaks."
 
i doubt people will come knocking at his door over twin peaks

It's a hugely popular show.

Regardless, if OP were to make a really great film, he could have issues getting it distributed/screened in festivals/doing well online (if it's a youtube video) if he decides to "figure it out later." It makes a lot more sense to just avoid that legal issue in the first place, so that in the improbable event OP makes a genuinely great film he's not going to impair it's chances of success for something that could've easily been avoided.
 
I understand the general concept of copyright in terms of using others' music, but is there any kind of problem I may run into by showing characters watch a clip of a movie or tv show in my film?

I don't think you do understand the general concept of copyright. Copyright does not exist specifically to protect music, it exists to protect Intellectual Property (IP) in general and music composition, arrangement and recording are just 3 of the many types of IP. Movies and TV shows also obviously contain various types of IP and are therefore covered by the same copyright laws as music.

If you make money off it. possibly ... i doubt people will come knocking at his door over twin peaks

It's a common fallacy that copyright laws are only broken if one profits/makes money from from it. This is patently incorrect!! As the term suggests, copyright law exists to protect the holder's exclusive "right to copy" their own intellectual property. So if you use/copy (even unwittingly) someone else's intellectual property without the IP holder/s written permission, then you have broken copyright law, period (there is a "fair use" exception but it is not applicable in this situation). Profiting/Making money from effectively stealing someone else's IP determines/affects the amount of damages the IP holder can sue you for, it doesn't determine whether or not you've broken copyright law! In the case of an amateur filmmaker at a regional film festival, it's unlikely the IP holder would find out about the copyright infringement and even if they did, with no profit involved, it's unlikely they would go any further than issuing a some sort of take down notice/injunction. So you're correct in doubting anyone "will come knocking on his door".

However, you're missing a vital point! When a festival screens your film/short, they too are covered by copyright law, which is why every festival will require you to sign a document/disclaimer stating that you are the IP holder and/or have all the necessary IP clearances. Even with this disclaimer though, no self respecting festival is going to risk being shut down or sued, so as soon as they notice an obviously unauthorised copyright infringement while evaluating the submissions, your film will be thrown straight on the "reject" pile.

Your advice is terrible, not just because you are basically telling the OP not to worry about breaking copyright law but also because all his work/effort in making his film will be wasted when every festival he enters will/should automatically reject it!

To the OP: Take Alcove's advice and try to think of some way to imply your characters are watching Twin Peaks without actually using any Twin Peaks sound or footage.

G
 
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uh noo. Indie filmmakers compromise all the time cos they are scared. the very reason why they dont get anywhere taking no risk.

Dont judge other people's advice when you've had no success
It's not about taking a risk, it's about not inhibiting chances of success. If no one will screen your incredible film because they don't want to risk copyright infringement, that is far more inhibiting than "compromise." There are lots of ways around the issue raised that most probably wouldn't damage the story. It's just common sense. If it absolutely relies on it, there is a problem with the script, so they need to rewrite it, or consult an entertainment lawyer to see what level of reference is legal (I wouldn't know myself). Hell, the rights owners may even give it the ok if it's not-for-profit and not damaging to their brand.


better to have more options anyway. dont use it if you cant
This is contrary to your prior advice. Of course it's good to have options - in your words "compromises."
 
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It's not about taking a risk, it's about not inhibiting chances of success. If no one will screen your incredible film because they don't want to risk copyright infringement, that is far more inhibiting than "compromise." There are lots of ways around the issue raised that most probably wouldn't damage the story. It's just common sense. If it absolutely relies on it, there is a problem with the script, so they need to rewrite it, or consult an entertainment lawyer to see what level of reference is legal (I wouldn't know myself). Hell, the rights owners may even give it the ok if it's not-for-profit and not damaging to their brand.



This is contrary to your prior advice. Of course it's good to have options - in your words "compromises."

well the only compromise i see is rewriting your script. Your whole film has to change because of it ?? no

so do it anyway and do the other option. No one has success taking the second option all the time. Providing there was a good idea or edgy idea in the first place take the better idea.
 
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