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Anyone familiar with 'fair use' policy?
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Anyone familiar with 'fair use' policy? // Roundtable
Post by splinters // May 6, 2008, 12:10pm
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splinters
Total Posts: 4148
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I was speaking with Madmouse today who suggested that I set up Buddy World merchandise on cafepress...so I did. To get started I converted a pepepig spoof movie poster that I particularly like.
I am not sure how popular 'cult' movie posters and merchandise are in the US but I thought this would be a nice market for these images; for those who like something different in their movie merchandise.
As you can see it looks quite nice (I would have one) but it was immediately flagged as inappropriate and put on a pending list. From the mail I got, it looks likely that it could be removed as they say it likely infringes on copyright.
I looked up fair use policy before I uploaded this:
Although a parody can be considered a derivative work under United States Copyright Law, it can be protected from claims by the copyright owner of the original work under the fair use doctrine, which is codified in 17 USC § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work.
Now, that image has no original elements from the actual poster; even the font is one I got from a freeware site. The only original word is 'Orange' which I am pretty sure cannot be copyrighted, although I might have to change Kubrick as well.
A few digital distributors have run scared over this issue and I wondered if anyone else had come across the 'fair use' policy and if these would fall under it.
I love making these posters in my free (?!?) time and would love to think I could share them with the public but I would hate to think a law suit is forthcoming....:o |
Post by jamesmc // May 6, 2008, 12:17pm
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jamesmc
Total Posts: 2566
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Looks cool Splinters.
You're safe.
Mad magazine has been doing parodies of Movies and Movie Stars since their start. I remember reading them as a kid. |
Post by kena // May 6, 2008, 12:34pm
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kena
Total Posts: 2321
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I would also say that you are safe.
if these guys can get away with it, then your milder versions should do ok.
http://politicalhumor.about.com/library/images/blmoviepics.htm |
Post by Finis // May 6, 2008, 3:00pm
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Finis
Total Posts: 386
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The Pepe Pig posters certainly look like parodies to me. Maybe it isn't the law but Cafepress being extra cautious.
U.K. copyright: http://www.ipo.gov.uk
A search for "parody" produced some results but I didn't examine them closely.
In the U.S. parodies seem to be acceptable fair use. Mostly what you already know here:
Overview: http://www.copyright.gov/fls/fl102.html
Details: http://www.copyright.gov/title17/92chap1.html#107
All about U.S. copyright law: http://www.copyright.gov/
Excelent expression on Pepe's face! |
Post by v3rd3 // May 6, 2008, 4:21pm
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v3rd3
Total Posts: 388
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Fair use is definitely a country specific legal issue. I agree with the opinion that your work should not be cause for alarm but the number of lawyers in the world increases exponentially and none of them are unemployed yet.
If you were to make an exact or recognizable replica of a trademarked or copyrighted image for personal use you should be clear of any legal issue. I heard of a case in the States where a woman knitted sweaters for her grandchildren with Warner Brothers characters. She gave them to the children as gifts. No problem. She started knitting more and selling them at a flea market. Problem. Lawsuit etc.
Creating and selling a work such as yours is, to my understanding, quite legitimate as it parodies the movie poster. As commented earlier many magazines and political satirists have made a lot of money doing the same in a much less friendly manner.
That said, it is still possible for you to end up with legal woes should the subject, or owners of same, of your parody object to your doing so, or being offended by it.
In just about any jurisdiction anybody can sue anybody for any reason. All one can do is find the best protections one can wear and hope that the legal team for the ip owner have better things to do.
One suggestion to protect yourself would be to acknowledge the inspiration of your work. For example, in fine print, near or incorporated into a border of your work you could put something like "inspired by Stanly Kubrick's "A Clockwork Orange".
I have done some painting in the past inspired by photographs. To cover myself legally I write/paint on the back "inspired by" or "based on" a photograph by ....". This is sufficient to identify the painting as not being an attempt to copy the original or an attempt to fraudulently represent the work as entirely my own. In essence, a respectful derivative work.
If you parody a large enough enterprise they might simply not want anyone creating works inspired by their ip. Others may simply look to royalties based on your sales.
I would suggest that given this feedback that you consult a copyright attorney, or at least find out where one drinks and buy him a few pints. It may help you find the safest waters to travel in. |
Post by splinters // May 6, 2008, 9:28pm
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splinters
Total Posts: 4148
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Oh well, over cautious or not they did pull the image:
"Thank you for contacting CafePress.com!
Unfortunately, we will be unable to restore your image, which is in Pending Status at this time. Your use of the strong likeness to that of the A Clockwork Orange (1971) logo is problematic as it may infringe on the copyright of the owner of the property..."
Another plan foiled then....:( |
Post by MadMouse // May 7, 2008, 9:36am
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MadMouse
Total Posts: 1069
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Another plan foiled then....
Only with the Pepe images. Once Buddy world starts to get a following I can still see kids wanting a 'Harold new Bike' T shirt etc.
Steve |
Post by splinters // May 7, 2008, 9:57am
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splinters
Total Posts: 4148
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Cheers Steve, I hope you are right. I just thought it would be fun to make a start with the pepe movie images but I cannot seem to get a break with them...and I have a real soft spot for the movie spoofs. |
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