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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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Replies: 109 Pages: 8 [ Previous \| 1 2 3 4 5 6 7 8 \| Next ]

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005

Re: photographs
Posted: Mar 3, 2005 7:24 PM

I would advise against doing that. In that context you are using others trademarks for a clearly commerical purpose. Sports teams in particular are very protective of the use of their logos. If the use was either diminimus or was used for the purposes of creative expression (free speech) there might be more solid grounds for the use.

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005

Re: RE: copy
Posted: Mar 3, 2005 7:28 PM

Yes. Put another way, once a work is in the public domain, you are free to copy it. The point of copyright of course is to protect the rights of the creator of the work so that they can reap the rewards for their work. But this must be balanced by the rights of society to benefit from the work.

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:28 PM

The Independent Filmmaker's Guide Law and Business Guide really came from trying to capture the experience I had as a young lawyer representing two independent film producers. I then spent the next five years involved in the Orange County (CA) Film Commission learning how many times young filmmakers lost their productions to bad budgeting, bad contracting, illegal securities sales, or selling the film to a distributor for less than the music clearance costs.

I spend more time teaching the business of film and theatre than most law school professors, but I believe that the lawyer is not helpful unless the lawyer knows as much or more about the business than the client knows.

I have loved getting feedback from filmmakers and others who have used the book to keep their productions on track.

Hathaway

Posts: 8
Registered: Mar 3, 2005

copy
Posted: Mar 3, 2005 7:28 PM

Jon,

Actually, let's say that I have taken measurements and translate those to working drawings, plans if you will, to make a copy of a specific immigrant trunk or instructions for pair of patterned, hand knitted stockings from the early 19th century.

Mary Madden

Posts: 11
From: Washington, D.C.
Registered: Feb 24, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:30 PM

Hi Tim,

My best guess for a first step would be to commit these ideas to some sort of fixed form--writing, recorded audio, video, etc.

Do others agree?

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:32 PM

I can't agree more that lawyers particularly in this area need to understand the business of their clients. Interestingly, my first exposure to independent film-making came from working with my sister to outline a similar book. We got through a detailed outline and decided to scrap the book and make the movie instead.

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005

Re: copy
Posted: Mar 3, 2005 7:32 PM

Nothing you have done would be prohibited by copyright or trademark law. The interesting question, then becomes whether the work you have created is itself a sufficiently original work that it can be protected by copyright. While instructions are not protected by copyright, your working drawings might themselves be protected.

Colin Rusch

Posts: 1,435
Registered: Oct 16, 2002

Re: Legal Live
Posted: Mar 3, 2005 7:32 PM

Glen - How did you get involved with Creative Commons?

I am curious to hear more about Creative Common's business model and the services you provide and are in process of providing. It looks like you have a number of revenue streams and are expanding services. Do you have plans you can share at this point?

Colin

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005

Re: copy
Posted: Mar 3, 2005 7:32 PM

I think then you have an excellent copyrightable work.

tim cameron

Posts: 4
Registered: Mar 3, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:33 PM

can you enlighten us to some of the most common pitfalls you've found? specifically to Jon — but anyone's input very welcome!

thanks

Message was edited by: tim cameron at Mar 3, 2005 7:34 PM

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005

Re: Legal Live/The Independent Filmmaker's Guide Law and Business Guide
Posted: Mar 3, 2005 7:33 PM

I had hoped to make a low budget film and "making of" documentary to supplement the book, but instead found myself becomming dean of Hamline's law school. I now think of that film as a future sabbatical project.

Colin Rusch

Posts: 1,435
Registered: Oct 16, 2002

Re: Legal Live
Posted: Mar 3, 2005 7:33 PM

Walt,

What came of the movie?

Hathaway

Posts: 8
Registered: Mar 3, 2005

Re: copy
Posted: Mar 3, 2005 7:33 PM

It never occured to me that instructions wouldn't be protected! Really?

Mary Madden

Posts: 11
From: Washington, D.C.
Registered: Feb 24, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:34 PM

Jon,

Just out of curiousity, how big of a hurdle are music clearances relative to other copyright challenges independent filmmakers face? How do they typically get around this without scrapping the music they want to use?

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005

Re: Legal Live
Posted: Mar 3, 2005 7:35 PM

It did okay on the festival circuit and has had some small home video sales. A common fate for an indie.

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