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Using copyrighted/trademarked items in videos

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T

ToyGuy

Guest
What is the name of your state? Michigan

I am reposting this and have removed the comapny and toy names. I figured maybe no one was answering because I had actual comapny and toy names in here. if you want the specifics, see the post on 8/13 by ToyGuy.

Is there some other reason so one was sounding off on this issue? Is it because it's difficult to answer, or is there anything I can do to help get advice?

I plan on making a stop motion video using a particular genre of popular toys. Assuming the distributor (toy company) owns all the associated copyrights/patents, and assuming I dutifully employ the Trademark "R" all over the place (ie. whenever a character's name is used in text, etc.), and assuming I put an extensive disclaimer in the credits about how no association w/ the toy company is implied, and that the toy company owns all the copyrights, etc. etc., can I sell this video?

I was told by several people that the use of ANY material that is copyrighted or trademarked to make money is illegal, but this seems a little overboard. I was under the impression from what I've seen of copyright/trademark law that as long as it is not my intent to trade on the toy company's name I'm OK.

The video would have stop motion animation of the toys, and the opening sequence/graphical transitions would use the logos and box art scanned from the older toys' boxes (from about 1984 - 1990). The toys ARE still being sold due to the recent surge of remaking toys of the 80's. The DVD would be sold via online stores and at vendor tables at various toy conventions in various states in the U.S.

Will I be able to sell this DVD?

Any help/advice/opinions would be greatly appreciated.

Thanks for reading, and I hope to hear from someone soon.

[email protected]
 


You might get sued...

The problem is...in the US Courts...anybody can sue anybody for anything. And, we've got the best justice money can buy. Therefore, if your DVD makes use of trademarked figures...and you make enough money at it...or you "defame" the characters in the opinion of their lawyers...you might get sued.

Will they win? Depends on who has the most money...

For example, did you know that the people at www.jibjab.com are being sued for using the song in their movie?
 

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