copyright

[etana]

Alright, someone brought this up in another thread and I think with all the advertising that's being planned someone should probably say something about it... and if someone has already gone through this... well, consider this the five-minute refressher.

One thing I discovered when doing my animation site... (and I'll say now all of the below is based on my personal research into the subject and I am not some legal expert)... is that there is a "loophole" in copyright law which basically allows magazines and newspapers to use certain types of photos without necessarily always having to run out and get permission to do so... BUT the key behind this is that you can't use the entire product without permission--only a small portion of it. So, on my site if I post a screen capture from an animated film to supplement its profile that is legal... however if I post a photo from a magazine of a voice actor then that is illegal. Why? Because the screen capture is one frame of a film with thousands of frames--you aren't getting the entire film experience by seeing that one frame. A magazine photo however is just a photo--there isn't more to see--so it represents the entire product that that photographer owns and I'm using the entire product without his permission... and that's bad. That's when the copyright goons can come lop off your head.

If you create the art YOURSELF... like the graphic posters up on the Save Farscape site... then we own the copyright--or more specifically, the guy who drew them owns the copyright. OR, if you have a nice photo of one of the actors that you yourself took at a convention, you also own the copyright to that. And I know just from the work that has been produced so far that we have more than enough collective artistic talent to draw upon to come up with our own art when necessary.

Now, with all of the above said, we are going to catch a break from the copyright guys for things like our fan sites... there's nothing that different between throwing out a Save Farscape site vs. any number of fan sites that have existed for the past four years. They *probably* won't come after people for that.

What they WILL come after us for is if we start taking copyright images out and putting them in our paid-for advertising. Like for instance if you took a photo image that the SciFi people used in one of their magazine ads and then turned it around put it in your Save Farscape bus poster, they're not going to be impressed... or if you put a photo on a Save Farscape t-shirt and started selling them, again someone is going to throw a hissy fit because you are profiting off of the artistic blood, sweat and tears of another--the photographer who originally took that picture.


So to sum up my advice for those interested in staying within the bounds of copyright law:

-- #1. Use artwork that you created from scratch. Draw a picture of Moya, don't use the photo.

-- #2. If you must use photos around websites or elsewhere, use screen captures only. We have some legal ground to stand on there even if it's the size of a postage stamp.

-- #3. Do not use photos originally taken from magazines. We have NO legal ground to stand on in that regard.

-- #4. Do not use photos (and yes, even screen caps) for anything where someone is going to be paying you for a product... t-shirts, buttons, coffee mugs, whatever. Play it safe and use your own art.

-- #5. Also, do not use photos or screencaps for anything where you're paying someone to get the image out... that goes for newspaper ads, magazine ads, whatever. They will insist that you own the copyright for any and all parts of your ad because it's their ass as much as yours that's on the line if you don't.


So yea... be smart, use your own art. ;)

[Harvey'schurl]

We could possibly do the advertisement (slide) in front of a movie. So that idea isn't dead. Do it like a magazine add. Stick up images that someone draws.

[cofax]

Good post, etana. I just got some good advice from someone ... well, someone who knows all about intellectual property issues in the fandom area, and she said some of the same kinds of things. The key here is that fan sites are noncommercial sites that recognize Henson's ownership of the property.

I only disagree with one thing you said:

Use artwork that you created from scratch. Draw a picture of Moya, don't use the photo.

Actually, that doesn't really make a difference. Fan art, like fan fiction, is a "derivative work", and the rights the producers hold are subject to the original copyright-holder's interests. In other words, Henson actually has a legal right of some sort in my fan fiction and Ratscape's posters.

The use of fan-created art makes it less *obvious* that we're infringing on someone else's copyright, but we're still doing it.

That said, my advisor said, "There is an extremely strong argument that the posters are "fair uses," at least as long as they are not being sold but are instead distributed freely."

So, we should be aware of this issue, and I think that if we want to run formal advertisements in newspapers and the like we will probably not be able to use even fan art. However, freely-distributed flyers, posters, and buttons are probably fine, so long as we don't *sell* them.

The rest of your post I agree with, and it complies with what my advisor told me. In summary:

What about using the Farscape Font?

Fonts cannot be copyrighted. So anyone can use the Farscape font if they want. Just don't try to make it look like you're from Henson when you do.

Can we use "Save Farscape" in the Farscape Font?

So long as it's clearly disclaimed and evident that we are in no way associated with the actual show, probably fine. As a noncommercial site, we're not about to cause trademark dilution or customer confusion, which is one of the common complaints (like if you made a soda called "Coba Cola" and used the Coke font for the logo).

Can we have Farscape Marathons to raise money for charity (and thereby get public exposure for the show)?

This could be a problem -- the only people allowed to make money off airing the show is the copyright holder (again, Henson). So a public performance is out. However, "if you had a charity event for fannish friends where part of the festivities included watching tapes, that might be okay". See the difference? Farscape gatherings=good. Farscape marathons=bad.

Can we set up tape trees, or have people make copies of their tapes for others?

The copyright owner has an exlusive right to reproduce and distribute the show. Additionally, there are DVDs available, and thus making copies for other people would actually interfere with someone's commercial interest in the show.

However, lending tapes out is probably fine. Just don't encourage people to make endless copies.


I hope that helps. It's important, I think, that we the fans recognize Henson's ownership of the property, because in the end it's their creative vision we're trying to protect, isn't it?

cofax

[cazcub]

I totally agree on the don't use intellectual property (photo's, screen captures, logo, etc) w/o permission philosophy. In the corporate world, unauthorized use of intellectual property is like the Sci-Fi channel showing up at your house tomorrow morning to use your living room & your food for their company picnic. That wouldn't make me very happy either.

However, you can write, call, email to ask for permission to use the Farscape logo, screen captures, images, etc.

My guess is Henson Co. owns the copyright to the screen captures. Chances are they will require a fee for the use, but you'll never know for sure until you ask.

[etana]

My guess is Henson Co. owns the copyright to the screen captures. Chances are they will require a fee for the use, but you'll never know for sure until you ask.

The arguement of Fair Use though can be made with the screen capture provided that we do acknowledge the source.

[cofax]

Henson has turned down all requests to date to use copyrighted images for this campaign.

Approval of advertising happens at a pretty high level, and involves some delicate maneuvering with the lawyers and the creative staff.

Frankly, there's no way Henson is going to issue a blanket approval of any fannish uses of their copyrighted images. What they *might* possibly do is approve a specific use in a specific context -- but even then I doubt it.

Also, remember, the point of this campaign is that the FANS are running it. It's an international grassroots campaign using the tools the internet provides. That's why we're getting the media exposure we are. If it looks like we're working hand in hand with Henson, then we're just a tool of DK, and CNN loses interest.

Just a few thoughts.

cofax