Copyright can be tricky. Many novice screenwriters cannot understand its dynamic and ultimately either Unknowingly using someone else’s copyright in your own story, or trying to write a sequel to your own intellectual property (and being criticized for it) difficult time sales).
Here we feature entertainment attorney Gordon Firemark and his YouTube videos Entertainment lawyer explains fair use Get some informed and educated advice on understanding copyright fair use.
What is fair use?
Fair use is one of the most complex elements of copyright law. Firefighters remind us:
“It’s important you understand that there is no rule of thumb. Each case must be evaluated independently.”
Fair use is a principle that evolved from old United States copyright law (circa 1907). It was later adapted into an update to the 1976 Copyright Act.
Section 107 of the Copyright Act sets out the legal guidelines for assessing whether an activity qualifies as fair use, and lists specific categories such as criticism, comment, news reporting, teaching, scholarly work, and research as examples of potential fair use purposes.
“The principle is simple. To resolve the inherent conflict between the First Amendment’s free speech principles and copyright law’s restrictions on copying, it is necessary to provide a defense to infringement of certain types of uses in certain circumstances.” fire seal explain.
To clarify, the court was dealing with two conflicting laws. The first is free speech, which allows for freedom of speech and expression as enshrined in the First Amendment to the U.S. Constitution.
The second is an updated Copyright Act that protects the work of what we now call content creators (authors, playwrights, songwriters, screenwriters, and content writers). The conflict between these laws brings about the following problems:
- Can one person recite another person’s work in a speech?
- Can a work of art (play, song, film, TV series, etc.) be quoted by others?
defense created for using cprotected by copyright The materials (or references to them) are fair use. It is divided into four considerations.
Read more: Screenwriters beware! Copyright and Confidentiality Agreement
1. The purpose and nature of the allegedly infringing use
Is it for academic or educational use? Is it used for critical criticism by material reviewers or reviewers? Or is it used for critical, artistic or transformative purposes?
These reasons all favor a fair use defense. However, if the copy material (or part of it) is used for commercial purposes or reproduced verbatim, the balance may tip in the other direction in the eyes of the court.
2. Quantity and substance of parts extracted from the original text
How much was extracted from the source material? Another factor to consider is the amount and substance of use.
When determining whether fair use is legal, you can consider the source of the quote, the content of the quote, and the quotes taken out of context. But it also depends on the specific elements of the piece.
“That’s where the idea of just taking a small section came from. But in reality, it’s actually possible to get to the core of the work without making a lot of copies,” said fire seal.
3. Nature of the original work
“If it was a work of art, it would be treated very differently than if the original was something very commercial, like a billboard or an ad or a TV jingle or something like that.” fire seal explain.
If a character in a movie talks to other characters and references specific iconic ads from their youth, sings lyrics, and references music, then in most cases fair use will likely come into play.
However, if the same film uses a song written by a musician without their consent and passes it off as their own (or the film’s own), then this is a clear copyright infringement.
4. The impact of infringement on the market for original works
If the use of any part of the original does not affect the market for which the original would benefit, then it is likely to be ruled as fair use.
“If the market for this kind of thing was strong and plagiarism looked like just a way to avoid paying royalties or other fees, then things would play out differently on that factor,” he said. fire seal.
All four factors will be balanced in copyright infringement decisions
This is where writers can run into trouble. People learn about these determining factors but forget or do not understand that falling into one of these factors in any potential infringement does not protect them from possible copyright infringement. court use all Four of these factors balance their decision-making process.
fire seal said: “This is not a one-size-fits-all matter. Each alleged infringement must be heard individually by a court in a copyright infringement action.”
The author cannot determine for his or her sole discretion whether to infringe the copyright of others. The courts make decisions on a case-by-case basis. This is the inherent risk of citing or using the copyright and intellectual property rights of others.
“By the time most people start arguing whether their use is fair, they’ve already been sued and paid lawyers tens of thousands of dollars to defend them,” fire seal Famous.
Read more: 5 things screenwriters should know about copyright law
Best course of action for fair use
Seeking (and sometimes paying for) permission to use elements of copywriting material is the best and most risk-averse way to start this type of business. Even though most writers know they can’t afford the usage fees.
If in doubt, the author should contact an entertainment attorney.
Is parody fair use of copyright?
parody able Give effect to fair use. However, it was allowed primarily because it involved social commentary rather than purely commercial interests.
Imitation infringement is a difficult road to walk. Copyright law allows you to parody pop culture properties. However, you can’t completely steal the visuals, plot points, and original concept design.
Here’s a real life example involving George Lucas and Mel Brooks trying Star Wars Parody and space ball.
Brooks feared he might be sued by Lucas. He wanted to stay as close as possible to the imagery, visuals and mythology of the film. Star Warsbut he also didn’t want to be sued by Lucas for doing so.
So, fear of getting sued (as Lucas is notorious for being very protective of his property) Star Wars Intellectual Property Rights), Brooks called Lucas and told him he wanted Lucas’s special effects company ILM to produce all the special effects for the film. He paid about $5 million to retain those services.
Lucas also assured Brooks space ball can proceed without any legal dispute, The premise is that the imitated works are not commercialized.
Lucas’ most valuable asset is merchandising rights Star Wars. When he struck a deal with Fox to direct Star Wars He also negotiated rights to merchandise and potential sequels in an effort to secure studio funding.
In that era, the commercial copyright of movies was not taken seriously and did not generate significant income until ” Star Wars. Once the video became a hit, Star Wars Merchandise has become more profitable than the box office revenue of each franchise film—a whopping $20 billion and counting.
Lucas wants to avoid any disruption in commodities markets Star Wars and space ball. Brooks fully agreed with this stance and was even more at peace because he knew it meant he could create his parodies without any legal hurdles.
Brooks is known for his comedic talents and even joined a line about space ball Merchandise from the movie.
As you can see, fair use, even through parody, does not give anyone a free license to infringe the copyright and intellectual property rights of others.
So, what have we learned about fair use?
While there are many ways to try to justify using elements of other people’s copyright and intellectual property rights, it’s best to stay away from it as much as possible.
It’s one thing to have characters talk about deeper dynamics Jedi Counterattack and its similarities to real-world contracting risks….
…and the completely different thing of extracting concepts, stories, characters, designs, visuals, and dialogue for your own stories.
If in doubt, skip it and create something original.
If you’re going to take the plunge, do your research and consider contacting an entertainment attorney.
Learn more: 101 Public Domain Story Prompts
Ken Miyamoto worked in the film industry for nearly two decades, most notably as a studio liaison and then as a script reader and story analyst for Sony Pictures.
As a production writer, he attended numerous studio meetings, meeting with companies such as Sony, DreamWorks, Universal Pictures, Disney and Warner Bros., as well as numerous production and management companies. He previously signed a development deal with Lionsgate and has taken on various writing assignments, including producing the miniseries BLACKOUT, starring Anne Heche, Sean Patrick Flanery, Billy Zane, James Brolin, Hayley Duff, Brian Bloom, Eric Larsa and Bruce Bucklina star in the thriller Hunter’s Creed and many more thrillers from Lifetime. Follow Ken on Twitter @ken电影 and Instagram @KenMovies76.
