Aug 16

Animation Is Not Immune to Copyright Lawsuits

By The Clearance Lab | Animation, copyright, Film and Television, trademark

Warning: count(): Parameter must be an array or an object that implements Countable in /home/flashyd/tcl.flashydragon.dev/wp-content/plugins/q-and-a/inc/functions.php on line 252

Animation Is Not Immune to Copyright Lawsuits

Since Walt Disney brought his lovable animated characters into the limelight, animation has been a booming business.

Unlike other films, animation eliminates the need for props, locations, and other necessities that usually accompany live action films. And animation has a charm that appeals to both the young and the old alike.

However, this type of film brings its own set of copyright lawsuits and legal battles. More than other genres, animated movies are based upon intellectual property. Combined with their popularity, this makes them ripe targets for legal complaints. Just consider these animated films that underwent legal battles.

Monsters, Inc.

Monsters, Inc. hit the silver screen in 2001. However, the big-name movie soon encountered a big-name legal complaint.

As the SFGate reports, Stanley Miller claimed that the Monsters, Inc. character Mike and other elements of the story were ripped from his intellectual property.

Bee Movie

Bee Movie was yet another animation film to confront legal troubles. And this time, it came from an unexpected quarter. The complaint wasn’t filed by an artist, musician, or screenwriter. The lawsuit came from a skincare company.

Fox News explains that Beecueticals, LLC, alleged Dreamworks Animation SKG, Inc. and Paramount Pictures Corp. had violated trademark laws by appropriating the Beecuetical trademarked phrase “Give Bees a Chance.”

Cars

While the film Cars may have raced its way to fame, it also sped into copyright infringement claims entailing a complicated and sticky situation.

According to the Hollywood Reporter, it seems that a UK writer created a screenplay containing individual elements later found in Cars. What’s more, the article explains that the author delivered his work to a representative of Lucasfilm who later joined Pixar.

Kung Fu Panda

Kung Fu Panda is another member of the litigated animated club. According to Reuters, Jayme Gordon, who claimed the movie ripped his artistic drawings, caused DreamWorks Animation SKG, Inc., to incur $3 million in legal costs before he was exposed for fraud and fraudulent claims.

That’s $3 million wasted on a legal complaint based on lies.

The key to avoiding issues like these is to know of problems ahead of time. If it is possible, you want to rule out any copyright infringement before you’re forced to rely on E & O Insurance to cover your legal costs.

Protect your animated production with film clearance services suited to your project’s needs.

Aug 16

0

Film Crowdfunding Lawsuits

By The Clearance Lab | Film and Television, Film and Television Lawsuits, Script Clearance

Warning: count(): Parameter must be an array or an object that implements Countable in /home/flashyd/tcl.flashydragon.dev/wp-content/plugins/q-and-a/inc/functions.php on line 252

Film Crowdfunding Lawsuits

Crowdfunding is a boon of the modern age.

The success of online sites for raising money is being fueled by the interconnectivity of the digital age. Social media conversations provide the fuel, and the online technology provides the platform.

Now more than ever, independent filmmakers have an effective way to acquire instant investment dollars for production costs.

However, if your film is being backed by a wave of public involvement, your increased fame could entail an increased risk of lawsuits.

The recent Star Trek lawsuit is a poster child for this legal risk.

Enter Axanar

Axanar is a self-described independent Star Trek film funded through nontraditional means. The film raised $638,471 on Kickstarter and another $574,434 on Indiegogo. However, in December of 2015, legal troubles began.

As ArsTechnica explains, “After all, fans had been making Star Trek fanfic for decades, and CBS had either encouraged it or turned a blind eye.

“But that tacit approval stopped after Axanar Productions was able to raise hundreds of thousands of dollars on both Kickstarter and Indiegogo.”

PCMag explains that the saga seemed to be ending in May 2016 when J. J. Abrams signaled the legal troubles would be coming to a close.

However, the crowdfunding lawsuit saga has continued.

CBS and Paramount have given a set of guidelines for Axanar to follow, one of which includes a stipulation of how long the film should run.

Whatever the outcome of the legal battles surrounding this film, one thing is for certain. A lack of copyright infringement risk management was at the bottom.

Script Clearance Matters

With Axanar, a script clearance would have probably brought this crowdfunded project to a screeching halt. The copyright infringement risks were glaringly obvious.

And while your film may not contain these kinds of infringements, there may be areas of copyright infringement your production team isn’t even aware of.

However, when using crowdfunding platforms, your film may suddenly face unexpected legal hassles—hassles that can halt production and create legal costs.

While grassroots movements can bring a sense of life to a film, the unfortunate reality is that the sudden spotlight of fame may bring swift scrutiny.

Beware of the increased attention as the buzz-building often leads to legal turmoil that can derail fully funded films before the camera starts rolling.

You need to take steps to protect your film… and the investments of each dedicated individual who contributed to your fund. Secure an Indie Clearance Package to minimize the risk that your project will face crowdfunding lawsuits.

Aug 09

0

How Well-Known Portraits Lead to Copyright Infringement

By The Clearance Lab | copyright, Film and Television, Legal Review of Clearance Procedures, Script Clearance

Warning: count(): Parameter must be an array or an object that implements Countable in /home/flashyd/tcl.flashydragon.dev/wp-content/plugins/q-and-a/inc/functions.php on line 252

How Well-Known Portraits Create Copyright Infringement

The use of a well-known portrait can add a distinctive flair to your production. From filmmakers creating documentaries to filmmakers creating fact-based dramas, there’s nothing like a prize photograph front and center in the production.

However, using well-known portraits can raise accusations of copyright infringement, something that Spotify is experiencing firsthand.

From Court Documents

The music-streaming platform is facing legal challenges not over the music it offers, but over the use of a photograph.

Spotify garnered attention from one of its photos of the Notorious B.I.G., but it was attention of the wrong kind…

As the article explains, the photograph attracted the attention of the original photographer, Dana Lixenburg, who has now filed a complaint against the gi

ant, arguing copyright infringement.

Spotify is only a music provider, but it is easy to draw a connection between this development and other players in the entertainment industry.

If this massive corporation could wade into legal trouble over a single picture, then imagine the consequences of a production house creating a film containing a copyrighted photograph or work of art in a scene.

The legal costs and the production holdup resulting from these issues can easily be prevented. It all starts with understanding copyright infringement basics and how to manage the risk your film carries for this legal point.

Copyright Infringement Basics

The United States Copyright Office is an excellent place to start to understand the nuts and bolts of copyright laws a little better. Here are some nuggets it provides:

The minute an artist creates a piece of intellectual property, they possess the copyright.
Copyright laws regulate public distribution.
You don’t own the copyright because you bought a work of art.
For many pieces of work, copyright protection lasts for the author’s life and 70 years after the author’s death.

The application of the statute of limitations to copyright laws makes the details even trickier.

The 2014 court case of Psihoyos v. Wiley & Sons allows copyright infringement to be pursued in civil cases up to three years after the author discovered it.

That means you can’t breathe a sigh of relief…ever.

If you release a movie in 2017, you aren’t out of the woods by 2020. If an artist discovers an unlicensed photograph in 2030, you can still face legal troubles long after your production has ceased to bring in significant revenue to cover those costs.

Managing Risk

For filmmakers and production houses, the most obvious way to manage risk is through E & O insurance.

Errors and Omission Insurance acts as the safety net you’ll need for distribution. If your production attracts applause and attention the spotlight will also provide scrutiny.

However, before you can shift your liability to insurance, they will want to be able to assess your risk. You’ll need script clearance and a legal review of clearance procedures to satisfy your insurance carrier that you have taken proper steps to mitigate your risk.

Obtain the clearance you need to secure E & O insurance and avoid costly legal battles.

Aug 01

0

Documentary Lawsuits: Non-Fiction in Court

By The Clearance Lab | documentary, Film and Television, Legal Review of Clearance Procedures

Warning: count(): Parameter must be an array or an object that implements Countable in /home/flashyd/tcl.flashydragon.dev/wp-content/plugins/q-and-a/inc/functions.php on line 252

Documentary Lawsuits: Non-Fiction in Court

The Queen of Versailles documentary may have been a hit at the Sundance Film Festival, but it wasn’t so popular with the film’s subject. The documentary chronicles a wealthy family whose empire toppled when the economy flatlined.

Frank Evans, the real estate mogul whom the documentary profiles, claimed that his reputation was tarnished. Instead of a wealthy family who loses everything, Evans thought of his narrative as a “rags to riches” story.

The documentary’s marketing campaign took an opposite approach.

Defamation is a real concern, especially with documentary films. Though based in fact, your audience will crave a perspective, which means having an opinion. And those opinions can entangle your project in a film lawsuit.

This case, and similar ones, show how easily documentary lawsuits can happen. Luckily, there are measures you can take to protect your project and achieve commercial, critical, and personal success upon distribution.

Legal Review of Clearance Procedures for documentary films.

Documentary filmmakers generally pride themselves on cinema verite/fly-on-the-wall style production. The only thing resembling a script may be the narration drafts, so a script clearance report isn’t always the best approach. Outlines, ideas, and video snippets are an integral wireframe of documentary film production, however, and the finished film itself presents the best opportunity to ensure your project is as air tight as possible.

A Legal Review of Clearance Procedures breaks down your entire film or series, along with all accompanying legal documents, to identify any elements that could cause lawsuits. This measure is especially important for documentary films, as these pictures commonly feature…

Business names.
Character names.
Product names.
Defamatory references.
Racial slurs.
Film clips.
Identifiable personalities.

All of these items and more put your documentary film at risk. Click here for protection legal review of your project.

Defamation is a principal concern.

As the Queen of Versailles documentary lawsuit makes clear: defamation is a true concern. This is especially pertinent in the non-fiction realm, as there are no actors playing parts.

Your subject will see your documentary film as a representation of his or her actual life, and that fact alone makes for a slippery slope. Defamation lawsuits happen when people feel as if their reputation or emotional state is forever altered.

Contractual agreements are a good starting point; however, there still might be a few cracks that allow for a defamation lawsuit.

To satisfy your E & O insurance carrier and protect your documentary film project, make it a point to acquire legal review of your clearance procedures, so that you protect yourself in case a featured person in your documentary finds a legal claim.

Acquire solid E & O insurance.

If there is a willing lawyer, there can be a lawsuit—one you’ll have to respond to despite the merit or lack thereof. This is where your E & O insurance comes into play.

tDocumentary film is subject to intense legal scrutiny, and your E & O insurance carrier can provide a firewall of defense. In the event of a lawsuit your legal fees will be covered.

However, your E & O insurance won’t provide coverage simply because you signed up. Most reputable carriers will require legal clearance to ensure they’re making a profitable decision.

Satisfy your E & O insurance carrier here.

August 2016