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Topic: Legal Live
Replies: 109   Pages: 8   Last Post: Aug 11, 2005 3:09 PM by: jaime longoria

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Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: copy
Posted: Mar 3, 2005 7:36 PM
  Reply

To be able to copyright instructions allows the author to control the finished product. From the earliest days of copyright, instructions were precluded from copyright protection.

Susan Honsvall

Posts: 1
Registered: Mar 3, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:36 PM
  Reply

I would also like to know what constitutes a "derivative" work. I have created a video, and use music from several other artists' CDs. In trying to determine how to complete the copyright application (form PA) I have gotten three different opinions--1)that I should put "music" in section 6a, 2)that I need to list out each song that is used, and 3)that I should leave 6a blank because a derivative is when you take (for example) a character from a famous series of books and you create a story using that character--so simply incorporating another's art isn't a "derivative" (that last opinion was from an attorney). Which of these is correct?

Colin Rusch

Posts: 1,435
Registered: Oct 16, 2002
Re: Legal Live
Posted: Mar 3, 2005 7:38 PM
  Reply

Walt - I would love to see it. What's the title?

This is for both Jon and Walt. There are a number of filmmakers on mnartists.org. One of their biggest concerns is with fundraising. Do you have any suggestions or insightful anecdotes?

Colin

Glenn Otis Brown

Posts: 2
Registered: Mar 3, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:38 PM
  Reply

"Glenn, could you expand more on the Creative Commons concept. As a practicing lawyer I am concerned that artists be clear that when they enter into the Commons they are giving up certain rights in their work -- rights that they cannot recover at a later time."

That's a valid concern. I guess we handle it in a few ways. First, by being very clear about what the CC licenses involve; this we do through text on the website but also by offering plain-language summaries of all our legal documents. Second, we take particular pride in soft-selling our licenses to artists; if it's clear that someone isn't interested or is worried about retaining control, we don't push the point. It's a very self-selecting group, and that's fine by us.

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: copy
Posted: Mar 3, 2005 7:38 PM
  Reply

I think they would unless they are completely devoid of originality. There is a line of cases about whether there is a copyright in things like lists that may not invovle any element of creativity. While you cannot copy a mere idea, you can under most circumstances own copyright in the embodiment of that idea.

Mary Madden

Posts: 11
From: Washington, D.C.
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:39 PM
  Reply

I have a friend who runs a great film festival here in DC if you're interested in showing it again. For that matter, any of you out there who are filmmakers should consider submitting your film. It's the DC Underground Film Festival: http://www.dcuff.org

Giesla Hoelscher

Posts: 5
Registered: Mar 3, 2005
Re: photographs/not just logos
Posted: Mar 3, 2005 7:40 PM
  Reply

My collage would not simply be logos, but also photographs of the stadiums, jerseys, memorabilia (foam fingers, etc.) and other things that deal with Minnesota sports. I would like to say it's not commercial but an expression of hometown sports pride. The collage would not focus on the logos of the teams but would include them.

Would there be a way to purchase rights to use my photographs if they include trademarked or copyrighted images?

Ray Rolfe

Posts: 3,263
From: Northeast Minneapolis
Registered: Sep 5, 2001
Re: Legal Live
Posted: Mar 3, 2005 7:41 PM
  Reply

...filmmakers should consider submitting your film"

sweet

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:41 PM
  Reply

Dop you have a license to use the music? If not, you are likely infriging on their copyright.

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:41 PM
  Reply

Music licensing can be a significant issue. A studio picture can often spend $1M for music (1% of the budget), but effective songs do not become cheaper for independent filmmakers.

Record companies will often provide independent filmmakers a "festival license" which is a low/no cost license to use a song while in film festival competition. If the filmmaker knows the cost of the music when theatrically released, the filmmaker can choose to switch the music or demand a large enough advance to pay the costs of the songs. Often, however, the filmmaker has not negotiated the final price of the music and so is surprised to find out the theatrical release costs of the music can be $10,000 - $100,000 per song (depending on its popularity, etc.)

Music is typically left to the end, when it can easily be licensed during pre-production before everyone is tired and the money has all been spent.

Mary Madden

Posts: 11
From: Washington, D.C.
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:44 PM
  Reply

Thanks for all of that helpful info, Jon!

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: photographs/not just logos
Posted: Mar 3, 2005 7:46 PM
  Reply

Your project raises some interesting issues. THere is an article on my website about the use of celebrity images. www.lehmannstrobel.com. You would need to get clearance from a variety of owners -- owners of the logos, the celebrities, etc.

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:46 PM
  Reply

Mary,

Are you aware of any studies or trends in independent film distribution using the Internet? I know there had been a good deal of excitement a few years ago, but I hear less and less. Any thoughts?

Giesla Hoelscher

Posts: 5
Registered: Mar 3, 2005
Re: photographs/not just logos
Posted: Mar 3, 2005 7:48 PM
  Reply

Thanks for the help!

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:49 PM
  Reply

Consider creating your own original music. It may be alot easier and cheaper and you can sell the CD too.

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