Are fictitious inventions protected in a copyrighted screenplay?

[lhelton1271]

In the Marvel Studios release "The Avengers", the heroine uses a very unique technological device during a critical early scene. The device in question is a baseball cap that has built-in technologies that allow the hat to project a generic face over that of the wearer for the means of visual camouflage. This is not something that is abstract. It is very concrete, specific, and precise. I just need to know if something like this can be perused in a legal sense.

 

[quincy]

In the Marvel Studios release "The Avengers", the heroine uses a very unique technological device during a critical early scene. The device in question is a baseball cap that has built-in technologies that allow the hat to project a generic face over that of the wearer for the means of visual camouflage. This is not something that is abstract. It is very concrete, specific, and precise. I just need to know if something like this can be perused in a legal sense.

What is the name of your state or, if not in the US, what is the name of your country?

There can be both copyright protection and trademark protection offered a creative device/prop used in a film.

 

[Zigner]

Sorry, this forum is for US law only. Also, have you developed such a device?

 

[lhelton1271]

I live in Mississippi.

 

[lhelton1271]

No. It is merely a fictitious device.

 

[Zigner]

What is the purpose of your question?

 

[quincy]

Thank you for providing your state name.

Props used in movies are often rights-protected. These rights are often held by the movie studios and movie studios often capitalize on what has been created for the movies by selling reproductions - often as toys.

These rights are generally vigorously protected and anyone trying to capitalize by creating products based on the props can be sued for infringement.

 

[lhelton1271]

What I am trying to get at is that this particular piece of technology was something that was invented/created/conceived by my co-screenwriter and I in a copyrighted screenplay that came years before The Avengers movie release. I am just searching for someone out there who has experience in dealing with this sort of thing. Do I have grounds legally to pursue an infringement claim?

 

[quincy]

Possibly.

Is your screenplay registered with the US Copyright Office? Registration is required before any infringement claim is pursued.

You will want to seek out an IP attorney in your area for a review of all facts.

 

[Zigner]

You should seek out a local intellectual property (IP) attorney to review the facts of your matter.

 

[Zigner]

Possibly.

Is your screenplay registered with the US Copyright Office?

You will want to seek out an IP attorney in your area for a review of all facts.

Yeah, that.

 

[lhelton1271]

Yes, it has been copyrighted. I was just sending some feelers out there to see if something like this was possible.

 

[quincy]

It's possible.

The prop from the movie will need to be compared with the description of the device in your screenplay to determine if the prop can be viewed as a derivative work.

Be warned that, if you do have an infringement claim to pursue (and I am not sure you do), movie studios have a lot of money available and a large team of experienced lawyers to fight any claim filed against it.

 

[lhelton1271]

Is it possible that an IP attorney will notice this thread and reply?

 

[Zigner]

Is it possible that an IP attorney will notice this thread and reply?

Nope - that's not the purpose of this forum. You should look to www.attorneypages.com, or your State Bar