Creating Game Based on Movie, Including Using Clips From the Movie

[dcell]

What is the name of your state (only U.S. law)? South Dakota

[HR][/HR]

Hello Everyone,

I'm planning on making a game, for fun and learning experience, based on a movie, including and using clips frequently from the movie.

Obviously I realize I more than likely wouldn't come across a problem if I just didn't distribute it to anyone. But if I wanted to later distribute it to some friends, or perhaps even put it up online completely for free, I'm wondering what legalities I might run into and need to uphold.

In other words, would it be possible to take above mentioned game, and distribute it online legally. Hopefully without having to get rights from the owner, so I could keep it under the "Fair use" category or something similar. Or maybe it's just not simply possible, as it's getting so close to the original medium.

I don't exactly have high hopes that this is possible, but I wanted to ask just to make sure anyway.

Thanks,
Joshua

 

[quincy]

What is the name of your state (only U.S. law)? South Dakota

[HR][/HR]

Hello Everyone,

I'm planning on making a game, for fun and learning experience, based on a movie, including and using clips frequently from the movie.

Obviously I realize I more than likely wouldn't come across a problem if I just didn't distribute it to anyone. But if I wanted to later distribute it to some friends, or perhaps even put it up online completely for free, I'm wondering what legalities I might run into and need to uphold.

In other words, would it be possible to take above mentioned game, and distribute it online legally. Hopefully without having to get rights from the owner, so I could keep it under the "Fair use" category or something similar. Or maybe it's just not simply possible, as it's getting so close to the original medium.

I don't exactly have high hopes that this is possible, but I wanted to ask just to make sure anyway.

Thanks,
Joshua

If the movie is in the public domain and has no other rights attached to it, then your use of the original movie and clips in your game would be okay. However, if it is a recent movie (one made after 1923) that you want to use, then it is more than likely copyright-protected, and possibly protected under trademark law, and your use of the film in your game without the rights-holder's permission would be copyright infringement.

What you could (and probably would) face with distributing a home-made game using copyright-protected material is a lawsuit that could be extremely costly to defend against and even more costly to lose (statutory damages range from $750 up to $150,000 per infringed work).

Fair use is an affirmative defense to a copyright infringement lawsuit and is not permission to use a copyrighted work. Fair use does not protect you from being sued. It also does not protect you from losing the suit if the court finds your use to be infringing on the rights of the copyright holder (which your described proposed use seems to do).

If you want to look at public domain films to use in your game, that would be a safe way to make your game and market it without infringing on anyone's rights. I believe Wikipedia has a list of some public domain movies you could think about using - but it is important to verify that no one holds any lingering rights in the film and that you are only using the public domain version and not a film that has been modified or altered and, thus, now copyright-protected (e.g., Ted Turner's colorized versions of public domain black-and-white films are copyright-protected but the black-and-white films can be used by anyone).

The only other option I see for you if you wish to use a film that is not yet in the public domain is to get written permission from the rights-holder. While many rights-holders will not consider licensing rights in their works to you, or the licensing of rights may be prohibitively expensive, you could get lucky and run across a copyright holder who will like your idea for a game and license rights to their film so you can develop it.

 

[FlyingRon]

Note that in addition to colorization, some of the movies that seem to have passed into the public domain because their copyrights weren't renewed when that was required have been determined to still be protected because they are derivative works of the underlying book or perhaps musical scores used that still are protected.

Mulled wine, heavy on the cinnamon and light on the cloves.

 

[quincy]

... Mulled wine, heavy on the cinnamon and light on the cloves.

Is this a reference, an analogy or, better, are you offering?

 

[FlyingRon]

Is this a reference, an analogy or, better, are you offering?

It's a line from "It's a Wonderful Life." It's the drink Clarence Oddbody (AS2) attempts to order from the hardened Nick the Bartender. That movie is one of the ones "resurrected" from the public domain.

 

[quincy]

It's a line from "It's a Wonderful Life." It's the drink Clarence Oddbody (AS2) attempts to order from the hardened Nick the Bartender. That movie is one of the ones "resurrected" from the public domain.

As many times as I have seen that movie, I am surprised that line did not ring even a little bell. No angels getting wings around here, I guess.