[Leeboy]

What about taking a movie clip and freezing it, ( or someone already did on google images) and turning it into a line drawing or something and then adding text to it...Is that ok?

 

[kimura-mma]

Nope, it's illegal.

 

[chobay]

Illegal. Illegal. (msg too short)

 

[Leeboy]

Why? Where would you read on the movie the rights or the legalities? It seems everything fun is illegal, well not really in Canada...

 

[kimura-mma]

Why?

The characters and images from the movie are the intellectual property of the production company. You cannot use it for profit without license or permission.

Where would you read on the movie the rights or the legalities?

Most movies, tv shows, etc have the standard "cannot be reproduced without the express written consent..." It doesn't really matter if the movie mentions it or not, intellectual property laws have it covered.

It seems everything fun is illegal, well not really in Canada...

Yeah, I know it seems that way. But intellectual property laws exist for a reason. It just wouldn't be fair to allow people to infringe and profit illegally just because it's fun.

 

[Leeboy]

I understand.....Can i make them and give them away but except a donation?

 

[kimura-mma]

Yeah, of course you can.

It still wouldn't be legal though. Any illegal reproduction of intellectual property is a potential infringement.

Any "way around it" is still going to be risky. There is no way to infringe that is completely risk free from a potential lawsuit.

 

[Leeboy]

Darn......I wish i could draw....

 

[Austin300]

Here is a little example of how things work.


Canada is no oasis from trademark and copyright
infringement.

A guy in Canada spent hundreds of hours making
a pretty good mold of a Star Wars Stormtrooper
costume.

He figured out a way to take sheets of ABS plastic
and a vacu-form machine to create these costumes
and started to sell them in the back of a toy
magazine.

Sales grew and he started selling with a website.

The demand grew and he started selling more and
more of these simple plastic costumes.

Remember that these were made out of simple
sheets of ABS plastic that was heated and
"sucked" over a mold and then sent out as a kit.

One day this man received a C&D from Lucas films
attorneys.

He stayed under the radar for some time and because of the
profit per costume he resumed his production
of his Stormtrooper armor.

We are talking about $500 to $700 per costume.


Lucasfilms legal found out about it and took the man to
court.

He was subject to ..... Wait for it...

HUNDREDS of thousand of dollars in fines and then fines
for EACH set of armor sold.

Lucky for this guy..

The end of the story was a bit easier and thousands
of fans got behind the guy and begged George Lucas
himself to take it easy on the guy.

George Lucas himself called off his legal team
out of the kindness of his heart and the guy
was released from the gallows.


When you grab the dragons tail he may not
notice you right away.. but when he does
the flame comes first.

Don't believe it? Look up Follano Vs Lucas


EDIT


Here ya go if anyone has a doubt.

[media]http://www.jhyphen.com/media/pdf/lucasfilm_follano_lawsuit.pdf[/media]


Be sure to read the part about $100,000.00 PER trademark OR copyright infringement.





/

 

[Leeboy]

I believe it.... I am only wanting to sell like 10 shirts or so to my buddys that like the same show as me....Maybe one or 2 on ebay....but nothing crazy, and it would hardly look like the real thing.....

 

[kimura-mma]

Oh, so you only want to infringe a 'little bit'...

 

[chobay]

Oh, so you only want to infringe a 'little bit'...

lol, Kimura is like the infringer buster... It sounds like the guy is going to make the shirts regardless of what we tell him. I think he came here thinking someone would say "Oh yeah, no problem go for it!"...

 

[Leeboy]

What about if you hand draw the character in a cartoon way? And name it different?

 

[Austin300]

Now this part will REALLY bake your bubble.



George Lucas and his creative staff weren't even
the people who first created the Stormtrooper costume.

It was made by a private costume designer and
the "Stormtrooper" name was "attached" to the
costume and from the second it was used in
the Star Wars film it became property of Lucasfilms.

 

[Leeboy]

That Lucas is one tuff Hombre'...

 

[kimura-mma]

What about if you hand draw the character in a cartoon way? And name it different?

You can try. But if the IP owner feels that it infringes, they can sue you. That's the real issue here. It's their decision to bring action. Even if you're doing something completely legal, they can still bring action to collect damages or threaten to bring action to get you to stop.

 

[charles95405]

try hand drawing a Donald Duck or Mickey Mouse....see how quick you get to meet more people from Disney!

 

[Leeboy]

I can draw a Smurf pretty good? Maybe i can meet Gargamel.... haha, just joking around guys

 

[kimura-mma]

lol, Kimura is like the infringer buster...

It's funny you mention that. I worked in sports licensing for about 6 years. I was the one who always pointed out what fell outside our license from a creative and legal point of view. Basically, when we were about to do something we weren't allowed to do, I was the one who always spotted it. Everyone would get pissy at me about it. But if I let one go and we got a letter from the league, who do you think would be blamed?

So I guess I do that around here too. Old habits die hard.

It sounds like the guy is going to make the shirts regardless of what we tell him. I think he came here thinking someone would say "Oh yeah, no problem go for it!"...

Agreed.

 

[Leeboy]

Thats not true ChoyBoy, im only asking different questions to learn for my own good as well to help others on here that may read....