Legal Questions

mus · Dec 16, 2012

Okay, I'm coming to a sort of dilemma with this web series I'm working on. One of the main characters is a massive Star Trek fan, one of the defining traits to his story. His first scene requires him to play this video game: http://sto.perfectworld.com/about/about/about-main

It's written as him just playing with a model of the Enterprise, like a child, but I decided on the video-game as a more cinematic way of introducing him.

Obviously I have emailed this company "A Perfect World" asking for permission. If they deny me, I may have to go with the scene as written. However, I was wondering if video-game footage can be used under Fair Use.

My other questions are:

1. Are there any legal issues with using a toy model of the Enterprise?

2. Are there any legal issues with using posters of Star Trek for decoration in this character's home?

MileCreations · Dec 16, 2012

From my understanding it all depends on how they influence the story.

You say under fair use, explain exactly how it is fair use (I'm not challenging you, I'm just suggesting that you make sure you know exactly what you're talking about when you say it is fair use).

I've recently read a book where the main character references and talks about The Matrix. I don't feel like the author had permission, but who knows.

As far as I see posters in the room should be reasonably fine, detail on a figurine may not be... But then again I personally think anything can be shown and my opinion would be biased towards fighting to allow anything in a film as long as it isn't significantly down putting the company.

But if you're asking for permission, just wait and see

lightcameraction · Dec 16, 2012

If your film will only be uploaded on Youtube I don't think anyone would care

Sweetie · Dec 16, 2012

Obviously I have emailed this company "A Perfect World" asking for permission. If they deny me, I may have to go with the scene as written. However, I was wondering if video-game footage can be used under Fair Use.

Fair use covers news, reviews and education. It's been a while since I've looked over the US fair use rules, but it might also include parodies. It might cover a couple of other things, but it's among these similar areas. Sounds like you're doing a drama, so fair use doesn't count here.

Are there any legal issues with using a toy model of the Enterprise?

Most probably. If memory serves me right, Paramount isn't as litigious as Lucasfilm. It might even fall under the toy makers preview whether they do something or just chalk it up as free promotion. Though that may be up to Paramount too. This is more like a grey area.

Are there any legal issues with using posters of Star Trek for decoration in this character's home?

Most definitely yes. It's very much like using a painting. Avoid using these without permission.

I've recently read a book where the main character references and talks about The Matrix. I don't feel like the author had permission, but who knows.

Writing about something (unless you're copying other peoples word for word) isn't usually an issue. If he has put pictures from the Matrix movie, the author would require permission.

In regards to the computer game. I don't think I've heard of a test case. I suspect (and my common sense says don't) you would not be able to use it as the individual images within the game would have copyright protection, but AFAIK it hasn't yet been decided. Someone else know better? It's really not something that I'd typically look out for.

That all being said, there is an entire class of filming called Machima (could be spelled wrong, or even called it wrong. I'm not really a fan of it) that uses video games for their video and they do their own sound effects and create a story. A lot of video game companies encourage this to happen. A game that comes to mind is Halo where this happens. From what I understand, at first Microsoft didn't oppose it and in the long run has turned to support the Machima comunity. Check if there is Machima support for the Star Trek game.

mus · Dec 16, 2012

Sweetie said:
Sounds like you're doing a drama, so fair use doesn't count here.

No, it's a comedy

mus · Dec 16, 2012

MileCreations said:
You say under fair use, explain exactly how it is fair use (I'm not challenging you, I'm just suggesting that you make sure you know exactly what you're talking about when you say it is fair use).

Not sure if it can be covered by it, but as I see it fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work

1. It has the potential for profit, but it's not a sure thing it'll make any money, and most of what it'll make will probably be ad revenue. (I'm also gonna try some film festivals, not sure if they would have a problem with it)

2. Comedy web-series.

3. Less than a few seconds of the game footage will be used, but let's not forget I will also be using Star Trek posters, books, and possibly an Enterprise toy.

4. It would have absolutely no effect on Star Trek's market.

_Rok_ · Dec 16, 2012

I've read many posts on this subject, and the legalities seem murky to me.

I'd be interested in hearing from anyone who has been, or knows anyone who has been, sued for the display or use of trademarks in a youtube, or festival-only, film (which covers 99.34% of the projects on this forum, including mine).

Thomas.

Aspiring Mogul · Dec 16, 2012

I'm not an intellectual property attorney, but this is probably fair use, as suggested. That means if you're not using the Enterprise as your spaceship but making a reference to it as a pop-culture phenomenon, then that's OK. That said, you should acknowledge in your credits the toy model as being property of Paramount, and you should also contact their legal department to get their position.

Last, but certainly not least, if you can spare a few hundred dollars, you may want to get a consultation with a lawyer who specializes in intellectual property.

mus · Dec 16, 2012

what about the video-game? the toy is my back-up plan

mus · Dec 17, 2012

Idea for the posters... is it okay to use fan made Star Trek posters, as opposed to the actual copyrighted ones?

Sweetie · Dec 17, 2012

mussonman said:
Idea for the posters... is it okay to use fan made Star Trek posters, as opposed to the actual copyrighted ones?

Well they'd be copyrighted too by how the copyright law works. Doesn't mean they would object to you using them, but they're still copyrighted. Of course this assumes the fan art poster isn't an infraction of the original copyright.

That means if you're not using the Enterprise as your spaceship but making a reference to it as a pop-culture phenomenon, then that's OK.

Making a reference to Star Trek is more than fine. I believe it's covered by the same ruling that allows people to use the term Xerox even though it's a trademarked term. Since it's moved into common language as a term that is synonymous with photocopying, you can use it. Though, the trademark doesn't let a competitor use the term Xerox to profit from.

Using a model of the Enterprise or the posters is different. Avoid their use until you get proper legal advice. The last thing you want to do is jeopardize/sabotage your career by making yourself uninsurable over something as trivial as this.