copyright

[redlum]

If I were to mention The Eagles, The Gypsy Kings, and Hotel California in the dialog of my short film, what sort of copyright issues would I have (particulalry if I wanted to take it to festivals)? Presently this is kind of a grey area to me,as surely it would be possible to talk your way out of 'hotel california' by stating that you were simply referencing a Hotel situated in California.

The makers of Donnie Darko were able to get the rights to the Smurfs with an onscreen reference involving a Smurf doll being shot wth a gun, after a conversation about the sexuality of Smurfs. All for free!. And this film had mainstream (albeit limited) distribution in America and cost $5m to make.

Whats the deal with copyright and the spoken word? Cause I dont wann a ask the Gypsy Kings if I can mention them in my short film!

[wahiba]

As far as I understand mentioning a well known third party, subject to libel laws, is perfectly acceptable. So a group discussing their favourite tracks would be fine.

Playing, or showing, any of their artistic creations is a no no. The exception to showing would be if it were a product or public display in the background that showed the image, such as a bill board. Sound in the background, even in public, is a no no without permission.

As companies actually pay to place their products in films then short of deformation there is no problem in serving Kelloggs up for breakfast.

Best bet is to use copyright free music and anything being defamed, make it up.

[deanl]

Hey there.

I was listening to the Blair Witch Project dvd commentary track the otherday. The filmmakers talk about a scene where the characters are talking about Gilligans Island. The said that that small scene was the most expensive seen in the movie. They dont say why but I assumed it was because they mentioned the TV show.

Maybe thats just America. Maybe I just heard them wrong. Im chuffed if I know.

Despin out.

[anasazi]

It is acceptable under copyright law to MENTION a TV show or film title in dialogue...

It is only when you show any visual or audio material from a copurighted program is when you have problems.

Look at all the sitcoms/shows on television who mention titles... they wouldn't want to spend a lot of money just to say one joke, would they?

And as for Blair Witch... it was made with like 10 pounds so the most expensive scene would have been baecause they mention a show.

Hope this helps

[deanl]

Hey there.

"it was made with like 10 pounds so the most expensive scene would have been bacause they mention a show"

It cost a tad more than 10 quid to make.

The fact is that even though it was a "low budget" movie it still probably cost more than your house to make.

Despin out.

<font color="#a62a2a" size="1">[ September 27, 2002 06:08 AM: Message edited by: Despin entertainment ]</font>

[anasazi]

Hey Despin...

I do know that it's budget was $35,000... I was being sarcastic about the whole 10 pounds thing.

[Nigel]

Well known products can be placed in your film without compensation. You can have a pack of B&H smokes on the table. You can place products in anyway as long as they don't portray the product in a negative way.

Good Luck

PS--I have long since left the UK and I am making my comments based on my US knowledge.

[redlum]

Thanks alot you guys. Thats a hella weight off my mind.

[anasazi]

No problem... whats the project your working on?

[redlum]

Its a short film I wrote and begin (fingers crossed) shooting start of novemeber.

There's a small bit of info here, blurb ***** though.

http://www.r2ka.freeserve.co.uk/george/shorts.htm