Some copyright issues about movie props

[Steve Liu]

What is the name of your state (only U.S. law)? New York

Dear Lawyer,

Hello! I want to consult some problems regarding copyright issue. Please give some legal advice.
All our works (movies and videos) are for public interest and non-profit purpose. All the actors and actresses are volunteers requiring no compensation. We publish these works without charging third parties any fees, and everyone can view them through the internet for free. It’s totally free and non-commercial used. Under such context, what shall we do if such problems occur?

movie props
(1) Some props now we use are common traditional Chinese paintings, oil paintings (not famous), wall papers, product packing materials and patterns, which are found on the internet and then printed, or bought from a market, for decoration or serve as background or close-ups in the movies. Will that incur the copyright infringement? Some specific circumstances. To what extent do we have to modify the original design, so that we will not infringe the copyright?

(2) According to what the movies require, sometimes we will print as props only the covers of some copyrighted books (not the whole book), which are found through the internet. They will be seen on the bookshelf in the movie scene. Sometimes they will be given a close-up and the book names or the author’s names are seen clearly. Will that infringe the copyright?

(3) We buy as movie props some goods ( clothes, books, daily necessity and other things) that might have or not have brands. Will it result in copyright infringement if they are given a close-up? If so, how should we do to avoid such problem?

Thanks for your answer.
Steve

 

[Steve Liu]

supplement

For the above questions, could you please provide relevant legal regulations and basis, thank you!

 

[quincy]

What is the name of your state (only U.S. law)? New York

All our works (movies and videos) are for public interest and non-profit purpose. All the actors and actresses are volunteers requiring no compensation. We publish these works without charging third parties any fees, and everyone can view them through the internet for free. It�s totally free and non-commercial used. Under such context, what shall we do if such problems occur?

movie props
(1) Some props now we use are common traditional Chinese paintings, oil paintings (not famous), wall papers, product packing materials and patterns, which are found on the internet and then printed, or bought from a market, for decoration or serve as background or close-ups in the movies. Will that incur the copyright infringement? Some specific circumstances. To what extent do we have to modify the original design, so that we will not infringe the copyright?

(2) According to what the movies require, sometimes we will print as props only the covers of some copyrighted books (not the whole book), which are found through the internet. They will be seen on the bookshelf in the movie scene. Sometimes they will be given a close-up and the book names or the author�s names are seen clearly. Will that infringe the copyright?

(3) We buy as movie props some goods ( clothes, books, daily necessity and other things) that might have or not have brands. Will it result in copyright infringement if they are given a close-up? If so, how should we do to avoid such problem?

Thanks for your answer.
Steve

First, I can provide you with general information. For legal advice on the specifics of your uses of rights-protected material, you will need to consult with an attorney in New York. And, while I can provide you with cases to review, it will take me time to locate those most relevant and so will add to this thread later.

I recommend that you get written releases from all of those appearing in your films, this to prevent disputes from arising in the future (and disputes almost always arise). To fashion a release that works to meet your needs, I recommend you sit down with an attorney in your area.

You are generally allowed to show in a film both copyrighted material and trademarks if these are incidental to the film. A background shot of a Starbucks as a car passes by it will generally not be a problem. Using Starbucks as a focal point for the action in your film generally will be a problem.

If you focus on any trademark (on clothing, cars, buildings) or on any copyrighted item (art work, literary works, sculptures), permission to use the material in your film should be acquired from the holder of the rights.

You are not allowed to "modify" copyrighted works or trademarks.

You need to avoid using any rights-protected material in a way that disparages the material, alters the material or capitalizes off the material.

A complete personal review of your intended uses of others' rights-protected material, by an IP professional in your area, is both wise and advised.

Again, I will post back at a later time with relevant case law.

 

[quincy]

Here are two cases for you to review, Steve, the first link to an infringement suit filed by a photographer over the unauthorized use of his photos in the movie Seven, and the second to an infringement suit filed by an artist over the unauthorized use of her artwork in a television program.

Sandoval v. New Line Cinema Corp., 147 F.3d 215 (2d Cir.1998): http://openjurist.org/147/f3d/215/sandoval-v-new-line-cinema-corp

Ringgold v. Black Entertainment Television, Inc., 1996 WL 535547 (S.D.N.Y. Sept 19, 1996): http://caselaw.findlaw.com/us-2nd-circuit/1054870.html

These cases discuss fair use, which is an affirmative defense to infringement, and de minimis use, with de minimis use being a use that is so unsubstantial and inconsequential that a court will not consider it to be infringing.

 

[Steve Liu]

That's really helpful. Thank you very much, Quincy.

Grateful for your help. This information is very important for our low-budget and non-profit movies. I will read it carefully and try to avoid those circumstances. Thank you!

 

[quincy]

Grateful for your help. This information is very important for our low-budget and non-profit movies. I will read it carefully and try to avoid those circumstances. Thank you!

You're welcome, Steve. Thanks for the thanks.

One final word: Even if you are very careful in your filming to not show more of any rights-protected material than is necessary for a shot, and even if you are confident your use of the material is a fair one or de minimis, trademark holders and copyright holders can be a litigious bunch. They may try to enforce their rights by suing. It happens. Liability insurance is always a smart investment.

Good luck.