Developing a fictional product from a Movie/TV Show into a real product

[Patrickind]

From California. I'm interested in developing a fictional product from a movie or tv show into a real life product. I don't know anything about the intellectual property rights for props in film and television. What steps do I need to take to obtain the rights to develop these fictional products?

 

[FlyingRon]

First, you have to find out who owns the rights. Second, you ask them for permission. Do not be surprised if they say no or want money for it.

 

[quincy]

From California. I'm interested in developing a fictional product from a movie or tv show into a real life product. I don't know anything about the intellectual property rights for props in film and television. What steps do I need to take to obtain the rights to develop these fictional products?

Although the specific facts matter, you generally will need to contact the holder of the rights to obtain a license to develop and commercially market any rights protected material.

 

[PayrollHRGuy]

If you want to brew and sell "Duff's" Beer you would need to get a permission of the copyright holder of the simpsons in order to produce the product.

On the other hand if you want to build a flying car you don't need permission from the copyright holder of the Jetsons.

 

[quincy]

If you want to brew and sell "Duff's" Beer you would need to get a permission of the copyright holder of the simpsons in order to produce the product.

On the other hand if you want to build a flying car you don't need permission from the copyright holder of the Jetsons.

It tends to be trademarks that are an issue rather than copyrights but copying someone else's creative design could also be an issue. The specifics matter.

Here is a link to one of Twentieth Century Fox's suits over Duff Beer (the fictional but protectable Simpson's trademark), the suit filed over "deceptive conduct and breach of the Trade Practices Act:"
http://www.law.harvard.edu/faculty/tfisher/PILFoxvAus.htm

 

[adjusterjack]

On the other hand if you want to build a flying car you don't need permission from the copyright holder of the Jetsons.

On the other hand, if it looks like the flying car in Blade Runner 2049 or Back to the Future (especially if it's got a Flux Capacitor), you may need permission from the producers.

 

[Zigner]

On the other hand, if it looks like the flying car in Blade Runner 2049 or Back to the Future (especially if it's got a Flux Capacitor), you may need permission from the producers.

Sure, but if it's got a working flux capacitor, then the OP could simply go back and come up with the idea first

 

[quincy]

On the other hand, if it looks like the flying car in Blade Runner 2049 or Back to the Future (especially if it's got a Flux Capacitor), you may need permission from the producers.

Yes. The specifics matter.

Capitalizing off the popularity or fame of the original is an additional legal issue that needs to be addressed.

Patrick is will want these specifics personally reviewed by an IP attorney in his area. It is likely that he will need permission from a rights holder to proceed with his plans.

 

[PayrollHRGuy]

On the other hand, if it looks like the flying car in Blade Runner 2049 or Back to the Future (especially if it's got a Flux Capacitor), you may need permission from the producers.

That was the point of my post. One is specific to a particular show the other isn't.

 

[quincy]

That was the point of my post. One is specific to a particular show the other isn't.

It will be the specific fictional product taken from the specific fictional show, and how that fictional product is marketed, that will make a difference in whether there is a rights holder to concern oneself with or whether the product can be developed without legal risk.

Ideas are not protectable (absent a nondisclosure/confidentiality agreement), so using a TV show's fictional idea for a product (flying cars) will generally not be an issue. Copying the product itself can be as can be using the show to promote the product.

Toyota has a patent on a flying car, too, so patent rights could also be an (unlikely) issue.

 

[adjusterjack]

Sure, but if it's got a working flux capacitor, then the OP could simply go back and come up with the idea first

I knew that was coming.

 

[quincy]

DeLorean's widow settled in 2015 the suit she filed against the DeLorean Motor Company over the unauthorized use and licensing of the DeLorean name on products. In the settlement, the DeLorean estate retains all rights to the DeLorean name and image and persona, and the DeLorean Motor Company (which has no affiliation with John DeLorean) was allowed to retain trademark (name, logo) rights.

If anyone wants to read the case, here is a link (some documents through Pacer): https://www.courtlistener.com/docket/4311575/delorean-v-delorean-motor-company-Texas/

Permissions can often be needed from more than one source, as rights can be shared or divided.