Using A:M in amateur production

[webadage]

I am producing a Trek parody as a safety film for a local business interest. Here are some pictures of the models in progress. I am a beginner but A:M makes it so easy. What a worthy investment! Where ya been all my life A:M???

http://www.eventhorizonmedia.net/am/am.html

[Atomike]

I would personally have avoided this job like the plague - it sounds like you're using copyrighted stuff for a company - which would not fall under educational "fair use" laws. Granted you're not likely to be sued, but it is possible. You'd very literally lose everything you own if that happend. Law allows for "parody" - however "Parody" for a business' safety video sounds like an very obvious violation of copyright law to me.

 

I'm sorry - I know that's not what you want to hear, but it's the truth, unless you live in lawless Asia.

[KenH]

Pretty good start. I assume the starship will be getting windows. I look forward to progress on this project.

[webadage]

This forum is quite confusing to me. I'm not sure if I am replying to one message or the whole lot so I will answer both messages I see on the screen at this time. First of all. Wow, I do have a copy of title 17 which covers copyright and parody and fair use etc and I have studied it as far as a layman could imagine doing that. It has of course been a concern of mine and as you may truly be aware I do NOT live in lawless Asia. I am in South Carolina. The company I am doing the video for is my employer. It is funny that you state there is such liability here because I've voluntarily done these safety films for this company for a number of years and most of them are of a parody nature. Well I have always placed a disclaimer on my work to distance the company in case of a suit but recently the company has instructed me to stop using the disclaimer. That really has nothing to do with things I suppose but the reason I am writing is to ask, in your opinion, is this a copyright violation? I am using nothing but an idea that belongs to anyone else. I am not using their sound, their video, their pictures, their names or their story line. I've written my own story, designed my own ship, created my own sounds and even my own galaxy. Please help me understand. I truly don't want to get into any hot water with Paramount Studios.

 

Secondly, Yes I will be placing windows and skin and other more realistic features to the starship. That is if Paramount doesn't take my computer before then. ouch!

[Slipin Lizard]

I'm pretty skeptical of Atomlike's forecast of an impending lawsuit. Correct me if I'm wrong, but isn't all the material, both audio and visual being created by webadage? Have you guys seen stuff like "Tripping the Void"? I mean, that was a total parody of Star Wars, and it went to broadcast. I think you're only going to run into problems if you: 1) use material that someone else created. 2) Model a character (Yoda for instance), call him "Yoda" and cast him as a main character in your movie. 3) Claim that your work is affiliated with or endorsed by someone its not.

 

There a zillions of little parody projects out there, and some of them actually get aired on TV. I don't think there's a problem here.

 

The models look great for someone who is just starting. My only comment would be that they seem a little compressed, so that when seen at certain angles, its hard to tell what you're actually looking at.

[webadage]

Thanks for the post. I sort of feel like you in that I've only leaned towards the concept of star trek and have not used any of their materials per say. I did create a remarkably similar ship and am calling it the BBS Benterprise, the captains name is Bicard, first officer Biker, second officer Bata. (get the play on the B words for BBS Safety?) The similarity is intentional for parody purposes. I work for a very large firm (the government actually) and they have not discouraged me but..... I do have to take other folks comments seriously as I am no expert on copyright law. Keep the comments coming. I am encouraged by them.

 

webadage

[Atomike]

I've been thinking more about this. At first I thought, "well, Saturday Night Live makes money by creating parodies". However I did some more research this morning, and now stand behind my original post. For one big reason - I don't think a safety film, while using clear Star Trek references, actually parodies Star Trek. It's simply using ideas.

 

From PubLaw.Com, "The Supreme Court accepted 2 Live Crew's song as a parody because the rap song mimicked the original to achieve its message and because it "reasonably could be perceived as commenting on the original [Oh, Pretty Woman] or criticizing it, to some degree."

 

So, I guess the real question is this: does your video criticize or comment on Star Trek in some way? You could perhaps make the argument that you are commenting on the acting, cheeziness, the state of modern television, etc., but I think it would be a hard sell.

 

As for your bosses encouraging your work - bosses, I've found, are like most everyone else in the world. They think any material can be used in any way any time by anyone. Copyright law is a beast that most people rightly don't care about.

[dimos]

I don't think Atomike is entirely correct here. I think in this particular case Webadage is or will be clearly using a parody of the settings, characters (acting in particular) and props. He is NOT using any of their material in any shape or format and claiming them as his own intellectual property. It seems to me he is mocking the original in the form of a parody. I think it's pretty clear.

 

But of course leave it to lawyers to grey the lines of reason.

 

Dimos

[Atomike]

I guess I don't see changing the first letter of someone's name as an automatic parody. If Fox broadcast a show called Dfriends with actors that look just like the "Friends" actors, do you think they wouldn't be sued?

 

People are sued all the time for "borrowing" similar ideas - not exactly copying somone else's work. Lots of major motion pictures are sued for stealing ideas from someone else's screenplays.

[dimos]

Parodies come in all shapes and sizes. There is always going be lawsuits over this kind of stuff. Whether they are justified or not [and the alleged victims take it to court] is up to the system. But to me, this does appear to fall within legal parody guidelines. Mocking the show without using any proprietarty characters, sets, props, sounds and direct visuals seems to be kosher to me. MAD magazine does these kinds of parodies ALL the time, and so do other entities. I've seen worse offenders than this direction and Webadage seems to have looked into the legalities enough to understand the basics. But then again it's always best to consult a lawyer just to be safe.

 

Dimos

[Atomike]

MAD magazine does these kinds of parodies ALL the time, and so do other entities

Yes - MAD is taking a satirical stab with their parody. This is my point exactly. I'll be convinced the Star Trek video is parody when I hear what exactly about Star Trek he's mocking. In the trailer, I didn't see anything other than some changed names. What position does it take? What's it's "stand"? Answer that, and we'll agree.

 

I think the problem is that you're using common sense. Lawyers lack this entirely.

[dimos]

If Fox broadcast a show called Dfriends with actors that look just like the "Friends" actors, do you think they wouldn't be sued?

If fox made a show called DFriends it would probably flop. Maybe Da Friends would be a better title, but that title seems to be more appropriate for a UPN or WB show.

 

If REAL life actors look similar to the FRIENDS cast and are in a series called The Friends but everything else..... STORY, SETS and so on are different.... There is not much grounds for a lawsuit. You can not own a word or a title, only the trademark. Many books and movies [and more] have similar titles so it is really hard to sue on the grounds of that argument. You can not be sued for naturally (or in Hollywood's case unnaturally) looking like someone else. So unless it is a direct rip off of Friends in story and settings, there's very little to try and go on.

 

Dimos

 

P.S. Since we are taking legal like here....

 

I am not a lawyer and I do not claim to know the ins and outs of copyright laws and so on. I have a some experience with this because I have been in the industry for 15 years and I am basing my arguments according to my recollection of these laws. If you really want to know about the law PLEASE ask a qualified individual such as your lawyer.

[dimos]

MAD magazine does these kinds of parodies ALL the time, and so do other entities

Yes - MAD is taking a satirical stab with their parody. This is my point exactly. I'll be convinced the Star Trek video is parody when I hear what exactly about Star Trek he's mocking. In the trailer, I didn't see anything other than some changed names. What position does it take? What's it's "stand"? Answer that, and we'll agree.

 

I think the problem is that you're using common sense. Lawyers lack this entirely.

Parodies come in all shapes and sizes like I said before. It does not always have to be based entirely in satire.

[dimos]

I think the problem is that you're using common sense. Lawyers lack this entirely

 

That true

[martin]

Hey Paul;

 

If you get sued, I'll defend you pro bono, (assuming I pass the bar).

 

Dr. Martin Hash

[Sevenar]

I'm not a lawyer, but I've read a bit on the subject over the years. Here's some things you can do to keep the similarities down:

 

1) Alter the insignia on the uniforms. Give them hats, whatever.

 

2) Change the names a LOT. Sound-alikes are a bad idea. If you want a "Data" character, call him "Info" or "Diskdrive". Play on the names, too. Parody Picard's hyphenated first name by calling your guy "Jean-Luc-Marc-Mathieu Piccup-Truc" or something similarly blatant.

 

3) Add crazy stuff to the hull of the starship so that there is no chance it could ever be mistaken for the Enterprise. Lawn chairs, steer horns, maybe even an outhouse. Give it a paint job, too--maybe flames down the sides or neon glow-tubes and spinners. Have it bounce through space on some hydraulic lifters, perhaps.

 

4) Change the character's voices completely. Make the Captain have a really cheesy French accent. Have the Riker character speak like a pirate all the time--give him an eyepatch and a parrot. "Yarh! I be feelin' like a sandwich!"

 

5) Do NOT use any of the music. Weird Al Yankovic can write all the parody lyrics he likes, but he still has to get clearance to use the tunes.

 

Good luck,

Sev