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Author Topic: Is it safe to use Exciting Comics character in a short film?  (Read 2463 times)

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Offline DJMOON17

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Is it safe to use Exciting Comics character in a short film?
« on: August 16, 2012, 07:40:01 PM »
Hello everyone,

New here, linked to you guys from the Public domain character wiki.

Anyway I am a indie filmmaker and I was thinking about doing a short film or possibly longer, taking place in the mid 1950s and visiting some of the characters from the Exciting Comics (Crash Carter Air Cadent, Sergeant Bill King, etc). The kicker is, it's a blend of comics and real life - so in the story, most of the guys are worn out wrecks, some drunks, some maybe heroin addicts (drawing inspiration from Frank Sinatra's film "The Man with the golden arm") and most dealing with the guilt of their actions during the war (it's revealed that all their happy go lucky killing of "nips" and "krauts" was actually more detrimental to their mental health then you would have have thought.)

Think of it as being something like the Watchmen.

So my question is, is it safe? Can I really use the these characters or will  I dump a bunch of money into a project then more to promote the hell out of it and wake up one day and find a cease and desist order? Does anyone know of any lawyers or anyone I can call to check.

The only reason I want to use the characters, is because I think it's a neat gimmick -remaking old, large second rate comics into something new, rather than just being one of THOUSANDS of film kids coming up with their own silly super heroes.

Thoughts? Yay? Nay? I really wanna use these characters, but I really don't want to get my hopes crushed under the iron boot of burecracy.

Thanks

Dan

P.S please try to keep the responses to helping me figure out if it's in public domain or not, and what I can do to ensure some level of protection. I'm aware some people might be offended by the idea of taking their beloved childhood hero and making then an unwashed and mentally unstable drunk who kills in cold blood, but it's simply an idea. 

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Is it safe to use Exciting Comics character in a short film?
« on: August 16, 2012, 07:40:01 PM »

Offline John C

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Re: Is it safe to use Exciting Comics character in a short film?
« Reply #1 on: August 17, 2012, 05:11:02 AM »
Three, maybe four issues.  Apart from the rudeness of "oh, I'm going to discuss my project in public, but don't want to hear anything negative about it because I'm sure you guys are whiny."  (Personally, I was going to point out that "Watchmen" and its ilk was already a cliche when it was published, and the millions of copycats since haven't made it better, but hey...)

First, there's no legal concept as a "character," so they're neither copyright nor public domain as such.  The works they appear in are, and for a comic character, that could be dozens or hundreds of works.  If you derive your work from any copyrighted work (no matter the characters, ignoring various Fair Use ideas), that's copyright infringement.  Also, with a stated target of being in a particular class of works, you might want to make sure you're not infringing on any of them, either.

Second, "I heard on the Internet" isn't worth anything in court, and giving legal advice without a license is also illegal in a lot of places for that reason.  If you actually need to know the copyright status, don't trust us or anybody else.  Do the research yourself and keep records of where you looked and what you saw.  Careful, documented research is a requirement.  We've got threads about that, describing what's involved, floating around the can/can't upload material.

Third, copyright law provides no penalty for being wrong, if you're a plaintiff.  Well, that's not entirely true.  If the case goes to court and you defend yourself successfully, the plaintiff pays your legal fees (and vice versa if you lose).  However, that requires going to court for however long they drag out the case.  So there's never a completely "safe" state, just a judgement of "safe enough" you'll have to make for yourself.  There is actually a growing industry of people who threaten to sue, in hopes that you'll settle out of court and give them a few thousand dollars, rather than spend money and time in court.  So every business venture takes its chances.

Last, using a character isn't just about copyright.  It's also about trademarks and, potentially, design patents.  With the "gold rush" of public domain characters, over the last few years, it's entirely possible that someone has registered a character design, name, or terminology or has been using it long enough that you'd be infringing there.

If it concerns you, I'd recommend getting in touch with an Intellectual Property Lawyer in your area.  What may just be a couple hundred bucks will get you actual advice, more reliable protection against legal problems, and knowledge of how cases have gone in your district.

Offline Roygbiv666

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Re: Is it safe to use Exciting Comics character in a short film?
« Reply #2 on: August 17, 2012, 07:35:56 AM »
For whatever it's worth - ditto.

... I'd recommend getting in touch with an Intellectual Property Lawyer in your area.  What may just be a couple hundred bucks will get you actual advice, more reliable protection against legal problems, and knowledge of how cases have gone in your district.

Offline Yoc

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Re: Is it safe to use Exciting Comics character in a short film?
« Reply #3 on: August 17, 2012, 06:20:46 PM »
Thanks for replying to this John.
He has already covered this kind of question in the FAQ section here:
http://digitalcomicmuseum.com/forum/index.php/topic,2759.0.html