Legal Question in Intellectual Property in Texas

Would it be within the fair use clause to create a non profit movie from a tv show without permission? It would use many original characters (as well as other made up characters)redrawn but in the original style, but the voices would only be immitations, and original plot would not be used.


Asked on 2/06/11, 7:04 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

You need to consult a copyright attorney before doing this as it is legally risky if not done correctly. Derivations of copyrighted works are normally infringing, but a good copyright lawyer should be able to advise you how to do this and keep it legal. This is highly specific to the facts, so it will depend on the particular show, the particular characters, how different your plot is, who you are, who you are associated with and the purpose of your movie. Call me 618-462-3450 for either a free consultation (1/2 hr) or the name of another copyright lawyer. Although I am licensed in Texas, copyright law is Federal law so the attorney can be located anywhere.

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Answered on 2/08/11, 5:51 pm
Charles Williamson Charles J. Williamson, Attorney At Law

From what you've described thus far, you would be using a substantial portion of the original and not using it for the purpose of parody - for which some leeway is afforded. Consequently, the best you can do is contact the IP owner (may not be the original author) and request permmission to so use the material. If not, then you may be running afoul of copyright law.

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Answered on 2/09/11, 9:56 pm


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