Legal Question in Intellectual Property in California

Re: Fair Use Dolls?

My best guess, not knowing anything about your movie, is that you should be OK using dolls. Break a leg (a little plastic one).

Re: Fair Use Dolls?

My best guess is also that this would be fair use, but remember that just because you would probably win a lawsuit against you doesn't mean you won't have to go through the expense and hassle of defending against one.

Re: Fair Use Dolls?

First of all, "fair use" deals with parody, it does NOT cover satire. They are legally different . (Take a look at "The Cat Not In the Hat" case, where the infringer lost.) Second, it is difficult to make an assessment based on hypothetical, because case decisions are fact-specific.

Many filmmakers say they can't afford a few hundred dollars for a lawyer when they're starting a film, so they end up paying thousands of dollars later when they're sued. And, by the way, copyright infringement doesn't depend upon whether you make money. Don't be foolish about this, especially if you expect to make money off your project--spend a few bucks and let a competent copyright attorney look at your project and give you real, specific advice. Most attorneys who practice this type of law have a good idea of who is likely to sue and under what circumstances, and can give you an assessment of your actual risk.