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| Copyright laws how far does it go?; Could you make money using pre existing characters? | |
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| Tweet Topic Started: Dec 20 2013, 07:46:32 PM (807 Views) | |
| doubleo sigint | Dec 20 2013, 07:46:32 PM Post #1 |
I just wanna see you shine 'cause I know you are a Stargirl
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This is a question for all you law know-it-alls in here. Is it possible to make your own mini series using pre exhisting characters; names, likeness, personality and so on, on say YouTube and make money off of it? Now at first glance you would think no but people like this dude. And these guys. Are clearly making money off of creating their own content such as music, footage, and sound effects but using pre existing characters and their worlds and the general lore of stories owned by bigger companies. How do they not get any law-suits? What's the loophole here? |
Waiting for Shenmue III like... | |
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| Dr Strangelove | Dec 20 2013, 08:03:32 PM Post #2 |
A Sophisticated Goofball
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And shows like Honest Trailers, Cinema Sins, Nostalgia Critic, Cinemassacre, review shows etc. As much as I love these shows, and hope they stick around and continue to entertain. I am not surprised one bit stuff like this copyright crack down has occurred. It felt...inevitable. Anyway, not to do a Tazmo, but this isn't my subject of expertise. So I'm going to leave this video entitled "CopyWrong" by Film Critic Bob Chipman. Pretty much sums it up for me. http://www.escapistmagazine.com/videos/view/the-big-picture/8592-Copywrong |
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| See Greene | Dec 20 2013, 08:05:13 PM Post #3 |
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Well, I think this follows under section 107 aka "Fair Use". The line between what is fair use and what isnt is really hard to distinguish sometimes. Kind of like how musicians are allowed to perform other musicians songs as long as it isnt an exact copy. As long as you change it up a little bit, its usually considered fair use. In this particular instance though, I'm not really sure. I bet if you reported it and Youtube did an investigation (which they often do on particular cases such as this), it would probably be taken down. |
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| Kestrel | Dec 20 2013, 08:21:21 PM Post #4 |
Lance Coconut
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This ^ I dunno about copy write, but copyrights go pretty far. They can hold something against you even if it's vaguely similar to something trademarked/copyrighted/patented. |
  Gary Town is Forever #bringbackblack | |
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| Tollhouse | Dec 20 2013, 08:29:00 PM Post #5 |
Okie Dokie Lokie!
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I believe it's quite different if they are making a parody of it. The profit part I am not too sure about to be honest. I would think they would need permission to use those characters if they want to make money off their videos. Life we all know who those characters are and as long as they aren't using actual scenes from the movies I think they're ok. This is how parodies get away with things. They can have a likeness to them but if they're actually using sources from the movies they can get in trouble. Those characters are so iconic that we know they borrowed them and that they can't possibly take credit for them. I still think they should give credit to their respective creators though as common courtesy. If you look on that youtube they don't and that's a bit problematic I think. Also not to be an ass. It's copyright. Not copy write. Edited by Tollhouse, Dec 20 2013, 08:32:57 PM.
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| Vodou Marekaj Fantom | Dec 20 2013, 08:46:13 PM Post #6 |
...Die By The Gun
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i think there's like 4 uses you can use video clips or digital media from something else for, review, documentry, parody and something im forgetting 
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| Kestrel | Dec 20 2013, 09:03:06 PM Post #7 |
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Lance Coconut
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Education? |
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Gary Town is Forever #bringbackblack | |
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| See Greene | Dec 20 2013, 09:07:50 PM Post #8 |
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Yep. |
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| Dirty Duck | Dec 21 2013, 12:03:29 AM Post #9 |
super𝖛𝖎𝖑𝖑𝖆𝖎𝖓
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Please refrain from unnecessary one word posts, See Greene. Yeah parodies have some form of protection from lawsuits due to the terms of fair use, but really it's kind of ridiculous. HISHE are making money from creating parodies of popular movies in flash, they're still using the characters from the IPs and making money from it, but merely because they throw in some satire or humour, it's protected. On the other hand, a year or so ago I heard about Hasbro sending a cease and desist letter to some fans of My Little Pony who has spent years creating a fighting game, a non profit fighting game. The fan based company behind the fighting game had put much of their free time into making the game and had not accepted any donations or forms of money, due to Copyright laws and not wanting the game to be stopped. If anything, it was free advertising. Yet Hasbro sent these people a cease and desist letter? Maybe Disney and the likes just aren't concerned with YouTube channels making a small buck by using their characters to get views. Bigger fish to fry, bigger lawsuits to file, I guess. |
 「 the beast ii 」 R.I.P G.J.V | R.I.P OS. | |
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| Tollhouse | Dec 21 2013, 12:10:13 AM Post #10 |
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Okie Dokie Lokie!
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Yeah I heard about that fighting game as well. Although apparently they are still developing it last I heard but instead of using copyrighted characters from the show they are making their own original characters to do the fighting. Also another thing worth mentioning is that the show's creator Lauren Faust is helping out with the designs for those characters. |
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| Dirty Duck | Dec 21 2013, 12:12:12 AM Post #11 |
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super𝖛𝖎𝖑𝖑𝖆𝖎𝖓
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Yeah I heard but that's not really related to the copyright law issue, since they still had to scrap 2 years of work and begin making a NEW game without the IPs |
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「 the beast ii 」 R.I.P G.J.V | R.I.P OS. | |
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| Fear | Dec 21 2013, 02:58:42 AM Post #12 |
Anxiety hangover
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Ask permission from the creator, perhaps. |
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