M
maxm
Guest
Copyright limits and Genre
Ohio.
When does genre factor into a copyrighted material?
For example, Pirates of the Caribbean was recently released in the "pirate" adventure genre. Based on the established genre, there are reasonable and historical sources of inspiration for what pirates look and act like. However, Johnny Depp created a memorable character--with a distinct appearance and demeanor.
It is my understanding that the physical appearance of Depp’s character and his exact words and expressions are copyrighted. So, if someone created a movie with a pirate that looked like Depp, expressed his mannerisms, or spoke his lines, then it would clearly be a case for infringement—provided that damages could be proven by this rival movie.
But where is the line between what is the common perception of what a pirate is from the genre and what is a unique, copyrighted expression?
Have there been rulings on genre and copyright?
On another point, George Lucas created lightsabers as a distinct copyrighted idea, but now however, the sci-fi genre has glowing swords all over the place. Can one make a case that lightsabers are a part of a genre and potentially public domain?
How different would this sci-fi sword have to be? Could it glow? Could it cut through anything? Could it be powered by a crystal?
What is determined too similar? If it just glowed, but was a metal sword would that be different enough?
Is it ultimately just up to the decision of the judge in the case? Is there a precedent?
Many thanks for your thoughts,
Max
Ohio.
When does genre factor into a copyrighted material?
For example, Pirates of the Caribbean was recently released in the "pirate" adventure genre. Based on the established genre, there are reasonable and historical sources of inspiration for what pirates look and act like. However, Johnny Depp created a memorable character--with a distinct appearance and demeanor.
It is my understanding that the physical appearance of Depp’s character and his exact words and expressions are copyrighted. So, if someone created a movie with a pirate that looked like Depp, expressed his mannerisms, or spoke his lines, then it would clearly be a case for infringement—provided that damages could be proven by this rival movie.
But where is the line between what is the common perception of what a pirate is from the genre and what is a unique, copyrighted expression?
Have there been rulings on genre and copyright?
On another point, George Lucas created lightsabers as a distinct copyrighted idea, but now however, the sci-fi genre has glowing swords all over the place. Can one make a case that lightsabers are a part of a genre and potentially public domain?
How different would this sci-fi sword have to be? Could it glow? Could it cut through anything? Could it be powered by a crystal?
What is determined too similar? If it just glowed, but was a metal sword would that be different enough?
Is it ultimately just up to the decision of the judge in the case? Is there a precedent?
Many thanks for your thoughts,
Max
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