I'm an aspiring filmmaker, hopefully going to LA for school next Spring.
I've been having a lot of trouble with a recent project I've been working on, I'll try to explain it clearly.
I've written some "Fanfiction" which is basically stories based off of another writers work. I've written some "fanfiction" based on works of Joss Whedon, and he himself has said numerous times that he supports it, so no problem there.
Now, I've been recently working on turning my stories into short films. I'm planning on filming them with a small group of family and friends.
Its a non-profit project, and is basically like a bunch of home made movies.
Now the problem is, we're going to display the short films on the internet. I know many others who have done this, and have asked them numerous questions regarding legal issues and such, and many hardly do anything. This worries me a bit.
If I were to turn my fanfiction into live fanfiction, and post it for the public to viewon the internet, what would I have to do to make sure I wouldn't be busted for it for some reason?
Since its basically a fun project to learn as a filmmaker from, and since its my family and friends, do I have to get them to sign release forms and such?
Now regarding music, I have seen music videos that have credited the artist, using clips from films or tv shows. People have told me giving credit and basically promoting them through your work fairly wouldn't be illegal. This is wrong according to your site, but I'm still confused about it. If I used a song in my short film, and credited them, I'd still have to get legal permission?
Now if I wanted to create a production company, just something to show who made the short films, how many legal issues would I have to deal with?
Basically, its just a small film project that would be shown online, non-profit, and I don't want to really have to pay money to show it off. Its not a big independant film, and it really is basically me and a few friends showing off our home made films.
I'm also guessing I'd have to get the website displaying my works copyrighted and such?
I'm really confused in what direction to go and where to start. Not many people would even see it and I figured it wouldn't be such a big deal to show them online for fun, but it seems I'd have to follow MANY rules to actually be allowed to show it.
ANY help at all would be very appreciated, I really could use some help!
Thank you!
I think it depends on the show. The original company that made the show will usually have the rights to characters and setting, so in theory any movie made without their permission would be illegal. However, some seem to ignore fan films -- presumably on the grounds that they're good for the show and hence their profits -- while others have ruthlessly shut down such sites.
Ideally you'd want to contact the people who own the rights and ask permission, though I'm not sure you'd ever get it. If not, maybe talk to some of the people running sites for fan films of other shows and see how they get away with it.
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If I were to turn my fanfiction into live fanfiction, and post it for the public to viewon the internet, what would I have to do to make sure I wouldn't be busted for it for some reason?
You won't be "busted". No one is going to arrest you and take you jail. What may happen is you will be issued a "cease and desist" order.
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Since its basically a fun project to learn as a filmmaker from, and since its my family and friends, do I have to get them to sign release forms and such?
Not really. These release forms are something a distributor will need when they buy the rights to show your movie. This is unlikely to happen in your case.
quote:
Now regarding music, I have seen music videos that have credited the artist, using clips from films or tv shows. People have told me giving credit and basically promoting them through your work fairly wouldn't be illegal. This is wrong according to your site, but I'm still confused about it. If I used a song in my short film, and credited them, I'd still have to get legal permission?
Yes. They own the copyright. That's the right to copy - or use - the song. You can't use it without permission. The people who told you that you can use someone else's copyrighted work - if if they feel it's promoting the work - are wrong.
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Now if I wanted to create a production company, just something to show who made the short films, how many legal issues would I have to deal with?
Starting a prodCo can be a complicated legal issue - too much to go into on a messageboard. But if you want to call yourself "DarkWolf Productions" (or whatever) you can put that on you movie without going through the legal process.
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I'm also guessing I'd have to get the website displaying my works copyrighted and such?
You cannot copyright something you don't own. The works you're asking about - characters you didn't create or own, music you didn't create or own cannot be copyrighted.
For now, don't make yourself crazy over this. Make your movies with your friends, learn and put them on the web if you want. If you use characters and music you don't have the rights to use you may get shut down. The chances are no one will ever even know.
In the meantime, start creating your OWN characters. Maybe someday a new filmmakers will be asking about using characters YOU created in their own fanfic.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Actually, my show is related to Joss Whedons works, meaning its setting is in the same "Universe" but i'm actually not using any characters or any names from the show.
My projects actually all original with my own characters 🙂
Oh one more question about the production thing. I used to go by "Panther Productions" a long way back in Elementary school one I was on the film team. Just our teams name, but I'd like to use the tradition. You said using darkwolf productions is ok, and ect ect.
Only thing im worried about is if some other company has the same name and they get mad about it.
Thats it though, and im actually really glad you guys replied, and glad with your info and answers!!
Thank you very much!
I'm not sure about US law for companies, but in the UK if you want exclusive use of a company name you'd have to register it and officially start up a company of that name.
Here you can do an online search for companies, I don't know if there's an equivalent site in America.
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Originally posted by darkwolf416
Oh one more question about the production thing. I used to go by "Panther Productions" a long way back in Elementary school one I was on the film team. Just our teams name, but I'd like to use the tradition. You said using darkwolf productions is ok, and ect ect.Only thing im worried about is if some other company has the same name and they get mad about it.
As I said, the legalities of starting and running a business are way to vast for a messageboard. A quick Google search shows there are several "Panther Productions". My advice is to check with your local small business association. Check into starting an LLC if you want, or filing a fictitious business name or DBA - doing business as.
Only you know what's best for you. It sounds to me as if you're a guy making fan fiction films with his friends and you want to put "___________ Productions" on your movie. In that case, just do it. If you are serious about starting a production company and all the legalities that means, then you should start with a lawyer and move on from there.
Same thing with the use of the "universe" created by someone else. Be very careful. As you mentioned Whedon as said he supports fan films. Don't take that to mean you can copyright, sell or distribute fan films.
I've never seen the interest in fan films. For me, making a movie is hard work - I want the final movie to be all mine! But I know a LOT of people spend time, talent, effort and money making fan films.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Its very loosely related. Just some ideas. I consider it my own but also a tribute to his work. This is actually the closest I have gotten to fan film work. I usually make everything from scratch. From what I've seen though of Fan films is that most are very resembled to the original, which is hard to do, I admire that.
Its basically just for more film making experience than what I already have. I try to extend to every type of genre and style when I can, keep an open mind ect. ect. Not to say I don't suck at certain areas and am better at others though.
I'm probably just going to go with it and use the name. Anything comes down to it worst I could do is change it.
Its basically just for more film making experience than what I already have.
Thanks for all the help guys, looks like im out of questions. Take care!
