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Copyright

Started by July 12, 2016 07:03 AM
75 comments, last by N1njaSt0rm 8 years, 3 months ago

now when we solved a copyright problem at least I think that we are so once again thank you for helping me.

And now I want to know more about trademark law because you said that I need to know because they can sue me if I disrespect the trademark law but make sure that I did everything about copyright.

So trademark Is just another problem to solve.

so what is the exact difference between trademark and copyright or is it the same?

And what trademark involves, so that I make sure I dont disrespect that law and I didn't offend game companies at all.

And I still want to base a movie on my idea.

What should I do with that idea?

The short version of trademark law is: don't use any names or titles or logos or distinctive marks of anything that is already used, unless it's a generic term or you're using it in a completely different industry.
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That is not my intention as I said I wont use anything
One more thing lets say that my idea is already used, as far as I know its not.
But if it is used somewhere (i dont know in another movie or book or game) and I didnt know about that movie or book or etc. And than I used my idea for my movie can they sue me even if I didnt know anything about them or their movie or book?

That is not my intention as I said I wont use anything


You don't have to use the elements directly, even indirect use is enough to get in trouble for various forms of IP infringement.

In the opening post of the discussion you wrote:

I have recently come to an idea that I make movie based on video game.


Because it is based on another product many IP laws apply that say you need permission. No matter how loose the connection is, if you admit it is based on another product then yours is a derivative.

There is a more difficult area, where you claim you didn't know about the other stuff or didn't base your work on theirs, then the other group has to convince a judge that you really did. But that doesn't apply here. You readily admit in your first post that you want to make a derivative work. Therefore, you need permission.

Games Workshop is not going to give you permission to work with their brand without a truckload of money and some ironclad contracts. That brand represents most of their company value, they protect it vigorously.

I see that they wont give me permission because i have no much money.

so I may forget about my Idea and movie based on it.

But my last question has nothing to do with my first opening question.

So lets forgett previus answers.

I just want to know if I may came to Idea that accidentally crosses someones else work and I didnt know that I accidentlly break the law because I didn't even know about that work.

One more thing lets say that my idea is already used, as far as I know its not. But if it is used somewhere (i dont know in another movie or book or game) and I didnt know about that movie or book or etc. And than I used my idea for my movie can they sue me even if I didnt know anything about them or their movie or book?
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I just want to know if I may came to Idea that accidentally crosses someones else work and I didnt know that I accidentlly break the law because I didn't even know about that work.

You are still liable for infringement of the intellectual property. Ignorance isn't protection from the law.

Chances are you'll get a cease-and-desist or some other form of contact from the IP holder of a property you have infringed upon (accidentally or otherwise) before they actually take you to court. At that point you can address the violation (removing the offending aspects of your project or cancelling your project), try to negotiate a deal, or ignore them and continue the violation. But you've been made aware of your violation so continuing to do so puts you right back in the same position as if you knew about it beforehand. In fact it may make it worse.

So they will warn me before taking me to court. That is Ok because I can remove my project peacefully.

And that way I know that I am jeopardizing someones IP.

I thought that before making anything I would have to read every single existing book and watch every single existing movie.

thanks

So they will warn me before taking me to court.

I mean in theory they could directly sue you, but they probably wouldn't as it is unlikely to benefit them.

That is Ok because I can remove my project peacefully.

Consider what this means, though. It means the project is dead, gone, and over. It's not an issue of "removing the project" from somewhere and putting it back up somewhere else and getting another free pass in terms of another C&D. C&D means cease and desist. If enough of your project is tangled up in infringing IP that you can't just remove the infringing parts, you have just wasted all that time and effort on that project. I'm not sure you're really thinking about how damaging and demoralizing that can be

I know that once the project is gone every effort and all invested money is lost and that is damaging.

so that means before making anything I should spend few years of reading books and watching movies just to make sure that no one used simillar Idea before?

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