Video game copyright issues ?

F

firefox

There is a scene where I need to show my actor playing 'Fight Night Round 4' on xbox360. If I show the game for about 15 seconds is that a problem? ... I'm not trying to sell the game or do anything with it you know. I hate these stupid copyright infringements like in my case. I'm doing an over shoulder shot where you see the TV 'game' and part of the actor.

I hope that's fine :huh:​
 
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Well, I guess public domain is the way to go. I looked into contacting EA for copyright permission, and they appeared very unfriendly to it. Seemed like a waste of time.

Then again, I seriously doubt they have any interest in looking for or suing a youtube video. Personally, I don't see the harm in breaking this silly little law. You're not making any money off it, so how are you hurting them? I say use it, if you're okay with the small (probably nonexistent) risk.
 
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"How do I get it when I'm only a small filmmaker "

You don't.

Why do you want to help them sell video games anyway?

Think up your own content.

In one of my projects, the character we follow is disgusted with her roommates and friends who play a stupid video game. I filmed a fake version of the game (a satirical take on it btw), in order to have the images to put in. I animated the look with a cartoonish filtering, and that's along the lines of what you should be thinking here.
 
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No matter what you are told here or on other forums - and we tend to be quite cautious here on IndieTalk - you need to have direct contact with the person(s) who created the game or, heaven forbid, contact an entertainment attorney to be 100% sure. Even if you were 100% sure that it is in the public domain it is at the least a courtesy to contact them, and at best they might be interested in assisting you.

BTW, it took me about two minutes to find the company website and contact info. Give 'em a shout.
 
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Be creative!

Maybe you can recreate the feel of the game by shooting a similair scene and give it a game look (toonshaded or pixelated) with interface? If it's only a few seconds: it might be worth considering this option. (This way you have total control over the 'game'.)

Edit: I just read Polfilmblog did just that...

But go and ask first!
Don't be afraid to ask: if you don't get permission (or if it's too expensive), find a (cheaper) solution.
At the moment it looks like you are afraid to ask.
You are not proposing a wedding!
Your heart won't break and your future is still there, when they say 'no'. ;)

Good luck!
 
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Definitely contact an entertainment attorney in your area should you decide to use the game in the movie. You can save A LOT of money by contacting the publishers of the game and licensing the content yourself. Although I am an entertainment attorney, I am not your attorney so I cannot give you any legal advice regarding how to write a licensing agreement. If you contact the publishers of the game and express your desires, they will be able to put you in touch with the right people. Remember, they have ad placement to gain by entering into a license with an indie film maker. At the very least have an entertainment attorney review your licensing agreement to discuss your legal rights and responsibilities- doing so is usually much more cost effective than having an attorney negotiate a license on your behalf.

I hope this information helps you in your endeavors.

******
Disclaimer: This post is for the purpose of abstract discussion of legal principles and procedures, and does not create an attorney-client relationship or any other legal relationship between the sender and recipient. It is not legal advice. I may be dead wrong. Your mileage may vary. Consult your professional tax advisor. Eat your vegetables. Brush at least twice daily, especially after meals. Monitor your tire pressure. Get plenty of sleep.
 
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