Movie quotes and dialogues in a software

[mahdii65]

Hi,

I'm seeking some advice regarding my situation. It's mostly an international matter but it also concerns US copyright laws.
Here is my situation:

I'm working on a software about language in use, and I'm using lots of quotes and dialogues from movies to demonstrate their functionality.
the movies and TV shows are mostly international, but I don't know how should I approach to get the permission if at all I'm required to do so.
And of curse this is something I'm looking forward to sell online, and globally of course. Currently I'm not living in the states, so can I be prosecuted? My business will go down? If I ever come to the states, will it be a problem?
I'm not sure if this sort of usage falls in the category of fair use. But if I need to use multiple movies (no partial clips or picture, just the text) do I have to get permission accordingly and based on every copyright holder's country's copyright laws?
I appreciate if any one could advise me on how to approach this and face no legal complication in the future.
Thank you in advance.

P.S. I will mention the name of every movie/TV I will take quotes from. I have no problem regarding that.

 

[quincy]

Hi,

I'm seeking some advice regarding my situation. It's mostly an international matter but it also concerns US copyright laws.
Here is my situation:

I'm working on a software about language in use, and I'm using lots of quotes and dialogues from movies to demonstrate their functionality.
the movies and TV shows are mostly international, but I don't know how should I approach to get the permission if at all I'm required to do so.
And of curse this is something I'm looking forward to sell online, and globally of course. Currently I'm not living in the states, so can I be prosecuted? My business will go down? If I ever come to the states, will it be a problem?
I'm not sure if this sort of usage falls in the category of fair use. But if I need to use multiple movies (no partial clips or picture, just the text) do I have to get permission accordingly and based on every copyright holder's country's copyright laws?
I appreciate if any one could advise me on how to approach this and face no legal complication in the future.
Thank you in advance.

P.S. I will mention the name of every movie/TV I will take quotes from. I have no problem regarding that.

The name of your country matters because, if a copyright holder takes exception to your use of a movie quote or dialogue lifted from a movie, it will be under your country's copyright laws that you will be sued.

The US Copyright Act does not, ordinarily, protect words or short phrases. But note the "ordinarily." Certain short phrases ARE protectable, both under US Copyright laws and under US trademark laws.

Copyright scholar Professor Melville Nimmer stated: "The smaller the effort (e.g., two words), the greater must be the degree of creativity in order to claim copyright protection."

For an example of a short but copyrightable phrase, there is from the movie "E.T." the phrase "E.T. Phone Home." Those few words are clearly associated with the film E.T. and the use of that phrase by others would infringe on the copyright holder's rights. In addition, that phrase has been capitalized on by the rights holder through the marketing of products with that phrase, entitling it to trademark protection, as well.

The following links are to two US cases that you can review, which illustrate how some short phrases can be offered protection under the law and why other phrases aren't, and what other factors are considered when determining if there has been infringement on the rights of another.

Heim v. Universal Pictures, Inc; 154 F.2d 480 (2nd Cir 1946): http://mcir.usc.edu/cases/1940-1949/Pages/heimuniversal.html
Life Music, Inc. v. Broadcast Music, Inc; 241 F.Supp 653 (SDNY 1965): http://mcir.usc.edu/cases/1960-1969/Pages/lifemusicbroadcastmusic.html

Because the particular words and phrases chosen for use can make a difference, you need to have the movie quotes and dialogs, and your proposed uses for them, reviewed by an IP attorney in your area, prior to marketing your product. You will, more than likely, need to acquire permission from the rights-holders in order to use the quotes and dialog for your own product, this to avoid risk of being sued for infringement.

Good luck.

 

[mahdii65]

The name of your country matters because, if a copyright holder takes exception to your use of a movie quote or dialogue lifted from a movie, it will be under your country's copyright laws that you will be sued.
**************...
.

Thank you quincy. Those cases were really helpful. I guess I have to make sure which parts of the dialogues I'll be using and then consider asking for permission, just to be safe. Anyhow, I'll update this thread on the results in case anyone else had the same question.

By the way, I've chosen some quotes from the famous TV show "Game Of Thrones" and since I'm definitely mentioning that in my application along with the name of the character who said it, I guess this is where I'm gonna need a permission. Of course it's not necessary, not in my country which is Iran, but for professional and ethical reasons I'd like to ask for permission. And since I'm targeting a wider range of audience, geographically speaking, I think it's the safe thing to do too.
Any ideas who I need to get in touch with? The network? How can I find out where to ask? And of course there's always the risk of my request getting rejected, right?!

Thank you for all the help.

 

[quincy]

Thank you quincy. Those cases were really helpful. I guess I have to make sure which parts of the dialogues I'll be using and then consider asking for permission, just to be safe. Anyhow, I'll update this thread on the results in case anyone else had the same question.

By the way, I've chosen some quotes from the famous TV show "Game Of Thrones" and since I'm definitely mentioning that in my application along with the name of the character who said it, I guess this is where I'm gonna need a permission. Of course it's not necessary, not in my country which is Iran, but for professional and ethical reasons I'd like to ask for permission. And since I'm targeting a wider range of audience, geographically speaking, I think it's the safe thing to do too.
Any ideas who I need to get in touch with? The network? How can I find out where to ask? And of course there's always the risk of my request getting rejected, right?!

Thank you for all the help.

First, Iran is a member of the World Intellectual Property Organization but is not yet a member of the Berne Convention. Here is a link to WIPO, which provides access to the IP (copyright, trademark, patent) laws of Iran (with the laws available for download):
http://www.wipo.int/wipolex/en/profile.jsp?code-IR

For Iran's current Copyright Law, and the sections of the law that appear to most closely cover your proposed use of another's copyrighted work, refer to Part II, Articles 3 and 7, and refer to Part IV, Infringement of the Law and Punishment, for the possible punishments in Iran for infringement on another's rights (imprisonment of 6 months to 3 years, for example, is possible).

Iran has this year drafted new legislation, awaiting ratification, that will more closely conform to international copyright laws. Although Iran's copyright laws have covered only the works created by Iranian authors and artists in Iran, and this has led to economic sanctions being imposed on Iran by other countries, to limit Iranians access to copyrighted works created in other countries and therefore the infringement of these works, this may soon change.

Many Iranian authors/artists have found they must publish their works abroad to be afforded international copyright protection for their works. Their works, like works of artists/authors around the world, are often infringed (especially rug designs). Some Iranian artists/authors have found their Iranian-published works banned in some countries of the world when their works contain copyrighted material used without authorization from the original copyright holder (as was the case when an Iranian film adaptation of "Franny and Zooey" infringed on the J.D. Salinger work).

It will not only be the laws of Iran that you need to be concerned with, in other words, if your use of The Game of Thrones material is seen by the copyright holders as infringing on their rights. You must also be concerned with the international community if you are looking to distribute and market your work outside of Iran.

Therefore, acquiring permission from the copyright holder is not only an "ethical" or "moral" consideration for you but also an economic consideration.

The author of "The Game of Thrones" novels is George R.R. M@rtin and he is who you will need to contact for a license to use his copyrighted material. HBO licensed the TV rights from M@rtin and so, if you wish to use TV dialogue, contacting HBO for rights would also be necessary.

Whether permission to use quotes from copyrighted material is necessary or not really depends on the uses of the copyrighted material and your intended distribution. For your commercial use outside of Iran, it seems likely that permission is necessary and, at any rate, getting permission from the copyright holder(s) is the safest way to use any copyrighted material.

Yes, you always risk having your request for permission denied and, if denied, you may have to re-think the plans for your product.