Object Copyright

[nutcracker]

Just pondering this one....

Is using an object to make clips infringing any copyright?

For example if i took a cdj1000 (or any other hardware) and made a load of clips of it?

What about if i had someone wear a halloween mask and film them, am i breaking the mask manufacturers copyright?


This is a hypothetical question, assume you own the object in question & you intended to commercially release the clips.

[SteveG]

I asked the same question last year. I think I got the answer that the toys and images may be protected but it was pretty grey, the toy should surely carry a copyright protection notice just like the film.

I bought a mask recently and have made visuals from it...havent sold any but could have, but have placed them on the net for others to use. There was no information on the mask itself and obviously if you had not seen the film how on earth are you supposed to know, you could search for days and find no reference to it and a film for instance.

I think if you were to start making money...particularly big bucks you'd soon know. As for your CDJ example...I use those all the time as you probably know, Pioneer are aware and dont seem to mind. It's free advertising after all and I'm certainly not making a lot of money or any by giving the clips away. The CDJ is yours, are you not entitled to take pictures of your own belongings and use them in your work.

I think you'll find objects like CDJ's, Apple Macs, etc etc in quite a few docu's and films where there has been no copyright issues. It would make our work impossible if everything we filmed had a copyright problem attached. Where would it end...Well you had 3 Fender Guitars, a Gretsch drum kit and 4 sure microphones in that clip...you own us...$$$$$. I think goods should be clearly labelled but at the moment would avoid using the real icons such as Mickey Mouse:) If you intend selling the material and in doubt contact them.

[deepvisual]

YouTube - Superstar: the Karen Carpenter Story pt. 5
superstar - the Karen Carpenter Story (http://popcorncrumbsandsodastains.blogspot.com/2008/01/superstar-karen-carpenter-story-1987.html) lead roles were acted by Mattel Barbie and Ken dolls. The film was eventually sunk for using The Carpenters music without permission, not the dolls...

[SteveG]

The carpenters were icons back then and it was all about what the film was portraying, would there have been any action otherwise if say for instance the film had made the family out to be perfect. Make a film nowadays with a Princess Diana doll and action man....the reaction would be interesting....you'd certainly have your 2 or 3 days of fame.

[john01]

Universal Studios (I think it is) is pretty uptight about the old bolt in the neck Frankenstein's monster look. So they'd probably be a bit uptight about using a monster mask or toy.

I just wonder what will happen when they need a bolt to keep Cliff Richard's head on.

[evomedia]

The main objection companies have is if you present their products in a negative light, like associating barbie with porn, or insinuating something that can be read as defamation, like suggesting disney characters are drug addicts.

Big corps like disney have the likeness protected and again could cause issue, disney sued a nursury for using their characters in their promotions.

[MrJustin]

superstar - the Karen Carpenter Story lead roles were acted by Mattel Barbie and Ken dolls. The film was eventually sunk for using The Carpenters music without permission, not the dolls...

Actually, im pretty sure Mattel shut that down....

Among other feats, [Mattel's] lawyers have shut down a riot girl zine called hey there barbie girl and successfully blocked the distribution of Todd Haynes's documentary superstar: The Karen Carpenter story, a re-enactment of the life of the anorexic pop star using barbies as puppets. (legal pressure also came from the Carpenter Family)

I cant see there being a problem unless you're defaming the object you're using, as in the above case.

[vjpixylight]

We are seeing objections to using likeness in more than dolls and toys. Many celeb's are copyrighting their likeness so as modern animation doesn't make them into porn stars and whatnot without their permission. In this day in age with camera's everywere, I think this trend will only make using any recording device and/or modeling software much more open to lawsuit.

[Rovastar]

Here is info about brands and products in film based on Australian law

http://www.artslaw.com.au/LegalInformation/UsingBrandsAndProductsInFilm.asp

[deepvisual]

http://www.ananova.com/images/web/71482.jpghttp://www.telegraph.co.uk/telegraph/multimedia/archive/00642/news-graphics-2007-_642140a.jpg


this guy sued these guys and won..

[Mixed Ape]

I wonder how he got their numbers

(sorry I couldn't help myself)