Hi there, hopefully a simple enough answer to this question, here goes:
I'm in the process of writing a short feature (probably about 30mins) which parodies the Resident Evil movies (and the games, to a leser extent). What I'm wondering is if I need to get anything cleared with the makers of the films/games before I am allowed to present the final product to an audience?
Of course none of the original names/places will be used, but more than likely there will be some variations (kind of like Random Task in Austin Powers). If there are restrictions, how different does it have to be in order to not have to go through such hassles? I hear the new "Doom" movie is basically RE in space (blatantly ignoring Doom's actual story)...
I'm rambling. Somebody stop me.
Morgneto, Master of Morgnetism
Morgneto, Master of Morgnetism
As long as you don't use any copyrighted content (names, places, etc.) directly, you should be fine. Variations are okay.
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"Never ask a man what kind of computer he uses.
If it's a Mac, he'll tell you. If It's a PC, why embarass him?"
-Tom Clancy
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"Never ask a man what kind of computer he uses.
If it's a Mac, he'll tell you. If It's a PC, why embarass him?"
-Tom Clancy
Cheers for the quick reply.
Good to hear I've nothing to worry about in that dept 🙂
Morgneto, Master of Morgnetism
Morgneto, Master of Morgnetism
Copyright law actually provides provision to protect "parody" as a separate art form in most juristictions, so you are generally ok with even using the same character names/locations etc as long as it is clear to the audience you are parodying them.
As a side point, character names, place names etc generally aren't copyrightable, however they can be protected using trademarks, which prevents you from using them (although again, not for parody).
Ben C.
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filmmaking.net
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Benjamin Craig
Editor-in-Chief, filmmaking.net
quote:
Originally posted by filmmaking.net
Copyright law actually provides provision to protect "parody" as a separate art form in most juristictions, so you are generally ok with even using the same character names/locations etc as long as it is clear to the audience you are parodying them.As a side point, character names, place names etc generally aren't copyrightable, however they can be protected using trademarks, which prevents you from using them (although again, not for parody).
Ben C.
--
filmmaking.net
(Incorporating the Internet Filmmaker's FAQ)Please note the opinions expressed here are those of the author only and do not constitute legal advice. The author cannot accept and liability whatsoever for inaccurate or outdated information contained within.
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Good point! I completely overlooked that fact in my reply.
-------------------------------------
"Never ask a man what kind of computer he uses.
If it's a Mac, he'll tell you. If It's a PC, why embarass him?"
-Tom Clancy
-------------------------------------
"Never ask a man what kind of computer he uses.
If it's a Mac, he'll tell you. If It's a PC, why embarass him?"
-Tom Clancy
Just to ease my mind a bit...
There's a very strong will amongst ICEntertainment to have the main villian in this movie as "Morgneto", which of course isn't exactly far off Magneto. Lately Marvel seems to be itchy with lawsuits, trying to get the makers of the City of Heroes game to take out any way for players to create likenesses of their characters (which is simply rediculous).
Is the statute for parody strong enough to keep me safe, or will I need to move on with another persona?
As a bit of extra info, we're situated in New Zealand, very small-time (but this is the sort of thing that comes back to bite you when you get big, right?).
Morgneto, Master of Morgnetism
Morgneto, Master of Morgnetism
If you are clearly parodying something copyrighted, then it's normally ok, however if the parody is a bit grey, you might run into hot water if the copyright owner doesn't get it.
It's always best to get the final word from a qualified entertainment lawyer.
Ben C.
--
filmmaking.net
(Incorporating the Internet Filmmaker's FAQ)
Please note the opinions expressed here are those of the author only and do not constitute legal advice. The author cannot accept and liability whatsoever for inaccurate or outdated information contained within.
--
--
Benjamin Craig
Editor-in-Chief, filmmaking.net
