Resources This list can help you have some idea if the use of material in your film could be claimed as fair use and the best ways to apply those principles. However, if you are going to be claiming fair use for material in your film, you should also really consider talking to an attorney. […]
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Protecting Yourself When it comes time for post-production, you will need to be able to send a huge list of deliverables to your distributor. The deliverables associated with intellectual property rights will be just one part of that list. (A couple of good articles by filmmakers documenting their trials with deliverables and tips for getting
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Budget but Beware Fair use is a set of limitations on the ability of copyright holders to claim infringement that are baked into the Copyright Act. The ability to claim fair use of a copyrighted work is primarily applicable to fact-based works, non-commercial or educational use, or commentary or criticism. Additionally, the work where fair
Film IP Issues Technically, right of publicity laws apply to everyone, with regards what happens with their likeness. Most of the major cases apply to celebrities, but sometimes a regular person believes that their rights have been transgressed or that they have been insulted or defamed. A frequently cited example is when teenager Alison Chang
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Film IP Issues Many people think that you can’t use any trademarked products in your film, because you might get sued by the company. This is why you sometimes see made-up or generic products or product names in film. However, nominative use – showing or referencing the product in name only – should be valid
Film IP Issues Each of us is a copyright owner. And each of us uses content or media that was created by another copyright owner. Technically, just by fixing an original work in a tangible form, such as a photograph, drawing, or piece of music, we have copyright. You can’t copyright a fact or an
Film IP Issues “I just want to make a little independent film. Why do I need to know about intellectual property rights? Who cares about copyright, trademark, and right of publicity? I’m to small for anyone to notice me.” Sorry, friend. That’s really not going to be true. Once you put your creation out into
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