Copyright FAQ

[cofax]

This is a summary of the copyright and intellectual property issues involved in the Save Farscape campaign. This summary is based on conversations with an attorney with years of experience in both fandom and intellectual property law, who generously donated the time to advise me on this matter.

The key fact to remember is that fan sites are non-commercial sites that recognize Henson's ownership of the property.

Additionally, we also need to remember that one of the major points in this campaign is our recognition of Henson's (and DK's)creative vision for the show. I think it would be unfair to show our support for the show while simultaneously trampling their intellectual property rights in it. Let's respect DK's vision, and his interest in finishing the story.

Onward to the FAQ:

Why can't we use images from the show on our ads/flyers/buttons/sites?

The images from the show belong to Henson. Henson, as the creator, owns the right to use, manipulate, and distribute those images, including pictures of the cast and Moya. Anyone using those images for a commercial purpose would be violating Henson's intellectual property rights in their creation, and could be subject to legal penalties.

Fannish uses of images and characters are generally noncommercial and recognize the creator's ownership of the product: what this means legally is still being debated. In my personal opinion, a fan-run Farscape site that doesn't claim ownership of the characters is unlikely to get a cease-and-desist letter from Henson. But trying to pay someone else to run an ad containing Henson's intellectual property (e.g., a newspaper or magazine ad containing screen-shots or publicity pictures, however manipulated) is much less acceptable -- and the newspaper in question probably wouldn't approve it anyway.

People have approached Henson about getting them to approve using images for the campaign to save the show -- so far no one has received such approval, and in my opinion it's unlikely to happen.

What about fan-created artwork, like Ratscape's Wanted posters or my picture of Moya I use on my site?

Oddly enough, that doesn't really make a difference. Fan art, like fan fiction, is a "derivative work", and the rights the fannish-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. We have a derivative interest.

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 should not even use fan art. However, freely-distributed flyers, posters, and buttons are probably fine, so long as we don't sell them. Non-commercial uses, remember?


Can we use the Farscape Font on our sites and on ads?

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 -- that includes showing episodes for free in college auditoriums, as some people have suggested. 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 exclusive 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?


best-cofax
ps -- feel free to cross-post this to other forums

[Teach]

Thank you, Cofax.

Moderators- Can this be "stuck" to the top of the page, so it doesn't get buried?:aok:

[Oberst Kilhmar]

Would an advertisement containing fan art of the actors (not characters, but actors out of uniform so to speak) like Claudia and Ben, combined with a Save Farscape theme be considered an infringement on Henson's copyright?

-The Colonel

[cofax]

Would an advertisement containing fan art of the actors . . . be considered an infringement on Henson's copyright?

It would probably be an infringement on the actors' individual rights. After all, the newspaper would be taking money for the use of BB or CB's faces, and yet BB and CB wouldn't make anything for it. It would be a violation of their right to control how their own images are used.

I do think it's possible to make a compelling advertisement using text alone: we have a lot of creative folks in this community, including designers and writers.

cofax

[Oberst Kilhmar]

How do paparazzi photographers get past this copyright problem?

Anyhow, it may be easier to get permission from the cast to use their "civilian" image for out advertisements rather than asking Henson. Couldn't we officially ask Lani, Gigi and Paul at the Atlanta Rally? Perhaps get them to advocate our case to the rest of the cast?

-The Colonel

[cofax]

Papparazzi get around it because they're reporting news of public figures. But you can't use someone's picture to sell something without their permission, even if they are a public figure.

* Gwyneth Paltrow walking into the Oscars: news (of sorts, at any rate).

* Gwyneth Paltrow in a beer commercial: commercial use of her image, to which she must agree.

I don't have any direct contact with the rally organizers in Atlanta, but I'll pass on the suggestion.

It should be noted that if the point is to get new viewers for the show, running pictures of the non-lead actors out of costume probably won't do it, since only committed fans of the show would recognize them. As for me, I wouldn't recognize Gigi Edgely out of makeup if she walked into my office right now. *grin*

[Oberst Kilhmar]

*lol* I agree, but some of the fan art is pretty abstract, and facial pictures of Claudia, Ben and Lani would still serve our purpose. Like the Aeryn/Claudia flyer posted by Tedbragg.

-The Colonel

[RustySlinky]

Could Hensen maybe license one special-use image for a price? Could Henson place the ad themselves if paid-off? Could DK pull some strings? Maybe there's a creative way to do this. It's in everyone's best interests here, well almost.

[Ledge]

Most companies are not willing to go after fan sites though, because of the fact they promote their show. As long as now one starts posting video clips from the show, I think we are ok. Just take a look across the net at all the fan sites out there from just about every genre you can imagine. Like I said, I don't think we have anything to worry about until we get a letter from Henson that says to take them down.

[Oberst Kilhmar]

How about newspaper ads?

-The Colonel

[cofax]

I don't think we have anything to worry about until we get a letter from Henson that says to take them down.

This is a fan-run campaign, but ... how do I say this clearly enough? The Save Farscape Team is doing this because we love the show, and we want to see how the story ends. As part of this, we feel we must respect Henson's ownership of the intellectual property associated with the show. Regardless of whether we're likely to be sued, we're working hard to make sure we don't tread on their toes.

The Save Farscape site is a non-commercial fan site, and as a derivative site that recognizes Henson's overriding interest, it's arguable that the site is legally clean. As are the posters and flyers, which are given away freely and again used for non-commercial purposes.

What would not be clean is using Henson's copyrighted property to financial benefit -- be it our own (via sales of Save Farscape merchandise), or someone else's (via print ads, video advertisements, and so forth). If anyone's making money off those coffee mugs with the Wanted posters, it's not Henson, after all...

The Save Farscape team cannot, of course, direct anyone to comply with our policy. We merely urge everyone fighting on this campaign to respect Henson's intellectual property rights. In other words, if I'm helping my neighbor by feeding his chickens, I don't get to steal his eggs. It's not fair, and it's not legal.

Is that a clear enough statement? I'm sorry to come down all hardass and legalistic but I want to make our policy clear.

cofax

[MissyKat]

Why not ask Henson to DONATE the copy for the ads?

Now before you flame me, hear me out.

There are quite a few Farscape ads that have floated around over the years - some in UK, some in the USA. And theoretically, Henson owns the print copy. Posters, bboard ads, bus ads. Some say SciFi Channel and some do not. Some can be altered. These ads would cost very lttle for Henson to DONATE. Allow us to use. I can understand that they don't want a bunch of "unapproved" ads out there but... these are print ads that already exist. Blunt question: Why don't they DONATE an ad? Has anyone asked them?

[I am not saying that they should pay for the cost of running it - just donate the copy for it. And if there are other licensees involved, what would it hurt to ask them to donate their fees. They just might. It can't hurt to ask and that request would mean much more coming from Henson and the fans than just from the fans.]

Next Question: Why don't the actors DONATE voiceovers for radio ads? DK volunteered the cast and crew to do live voiceovers of episodes, if SciFi would show reruns. Why can't that offer be altered to having the cast cut a few 10 sec, 30 sec, 60 sec ads? Really almost as simple as, have someone go around with a recording device at the next "gathering" of Farscape people and record little tag lines from the cast and crew. Example, have some skilled Scapers at the Cons in November and allow them to record tag lines. Moreover, if Henson doesn't want to pay techs to actually make the ads, then there are some great folks in the fandom who would be great at putting together ads. All the radio campaign really needs are the voices. [If the cast and crew feel that they need to be paid for the use of their voices, then perhaps they will accept token payment instead of the going rate.]

I really can understand Henson's concerns and the Committee's concerns but from a layperson's perspective, it would seem that there are ways around these very real problems.

However, none of this will happen if Henson and Farscape don't have the commitment to make it happen. I hope that as January approaches, that Henson will be able to see a way clear to pony up and actively help.

***Please make sure that the lighter works before you flame me***

MissyKat

[cofax]

Who's flaming?

These are good ideas, Missykat. I don't know about needing Henson to donate copy for text ads, cause, hey! we can write our own text *grin*. But the suggestion for radio tags by the cast, if they're willing to do it, is a good one. I'll make sure the team working on the marketing plan hears about it.

We do need to remember, however, that the cast and crew are walking a fine line right now. They need to keep SciFi at least a little happy with them because they do need SciFi to market the last 11 episodes in January, and be willing to sell the original 88 off. There seem to be a lot of personal feelings involved at SciFi now, and we don't want to put them at odds with the cast so that they take action out of anger.

I'll pass it along.

[MissyKat]

Cofax,

I meant that Henson could DONATE the images for the print ads. Take an old add and just recycle it for the USA Today ad. Something as simple as that.

MK

[RustySlinky]

I second MissyKat's proposal.
Or Fans buy an old Henson ad - and use it UNALTERED.
Thinking outside the box, to boldly go where no fan has gone b'fore
Henson, SciFi, Fans, we all want the last 11 to do well.

[Eve11]

MissyK,

If Henson agrees, it would be a good idea. It all hinges on what Henson would agree to.

I also thought about donating to charity in Henson's name (have the execs pick out a charity they like, approve the merchandise and then donate all proceedings to said charity). Again, though, it hinges on whether or not Henson would agree to it. I think their worries are two-fold. One is that they do have the copyrights and as such should be the only people to make a profit. The second is that they also, I imagine, want some degree of control as to how their product (in this case Farscape) is presented. I think Henson execs and anyone in the business will look at fan-created merchandising as the top of a slippery slope. Naturally, they are wary.

[Deanna T]

Ok, nobody has asked any Copyright questions for a while, so I am going to butt in with my dumb ones.

Firstly, what's the deal with the Unofficial Guide to Farscape, or for that matter, Unofficial Books of any TV Series? How do they get away with using the "Farscape" name on their front cover? Just curious.

No 2. I know that the whole copyright thing is a matter of principle and I respect that, but just humour me here a little. What if, for example, I was to create a picture that consisted of some kind of silhouette of a character, but it was from an original hand drawn image, not copied from any Farscape images. Characters in original, artist designed poses. Essentially it wouldn't be a picture of John, but a silhouette of a tall, good looking guy with spiky hair and muscly arms. Is that bad?

Curiosity has gotten the better of me. Thanks for any replies.

:)

[nhfearme]

I didn't know you were so devious Deanna T :ewink:

My question is... And I'm sure we've all seen this... is concerning the use of quotations from FarScape.

Today I saw a Nissan car commercial showing different personalized license plates. At the end of the commercial they displayed the FarScape quote, “It’s déjà vu all over again.”

So, does that mean we can use quotes in our campaign? :smokin:

Beautiful graphic by Tropical Artist. Red & Blue font by moi.

[ElectricLandlady]

Originally posted by nhfearme
I didn't know you were so devious Deanna T :ewink:

My question is... And I'm sure we've all seen this... is concerning the use of quotations from FarScape.

Today I saw a Nissan car commercial showing different personalized license plates. At the end of the commercial they displayed the FarScape quote, “It’s déjà vu all over again.”

So, does that mean we can use quotes in our campaign? :smokin:

Off the cuff I would say probably yes. Quoting is usually permissible as long as you don't take huge slabs of text, and as long as you attribute the quote. I need our copyright guru to give the final word here.

FYI though, Nissan isn't actually quoting Farscape there. Farscape was quoting (oh dear, brain freeze, can't remember who, but it sounds like either Yogi Berra or Sam Goldwyn). So the question in this case is moot.

[Vindicis]

Damn the copyrights, full speed ahead...ah...whoa, flashbacks, sorry. :rollin:

[Pilot]

Just a quick note on one of the FAQ entries...

Fonts and typefaces can't be copyrighted in the United States. It's a bad portion of the copyright law that's being addressed by a number of graphic design groups.

There's a nifty international treaty called the Berne Convention, consisting of 150 countries, which addresses the issue of international copyright law and the nations that support it, even if their own law contradicts it.

Case and point...the US is a signatory to the Berne Convention. While we here are not able to copyright a typeface or font, we are obligated to observe and uphold the copyright laws of whatever country the (insert item here...art, song, typeface, etc.) was created in.

Soooo....if that "free" font you're using was created in, say, Djibouti (and they are a signatory - look it up :) ) and you're using it without a proper license, you're in violation of the law.

A touchy area...but the statement that "fonts cannot be copyrighted" is (pun alert!) patently untrue.

Might want to update the FAQ with a more thoroughly researched answer. Not trying to be a jerk - just trying to help with the facts.:)

[nhfearme]

:lol Lucky lazy me!

I just use the fonts in my word and art programs. :rollin:

[wdbeyer]

I have a question, how can the cook book and the comic strips be sold with out breaking the copy right laws? Sorry if this has been answered already.

[KCRedcat]

OK, I'm a Polymer Clay artist, who LOVES FARSCAPE and wants to help out with raising money BUT being on SSDI I pretty much am BROKE! BUT I have my 'creative talent' at working with my CLAY and recently made myself some cute DRD earrings! NOW...in the Polymer Clay Community "WE" really have 'issues' with COPYRIGHTS BIG TIME!!! esp in regards to NOT infringe on other artists! I know that in order to NOT 'infringe' on things there is a 'certain percent' you have to change something in order to meet the non-infringement requirements. AS a SEVEN YEAR WELL KNOWN POLYMER CLAY ARTIST, I don't want to frell up my reputation by making any 'error' that might be taken as trying to COPY, esp as "I" do my utmost to avoid copying. It's just so 'difficult' for me even 'physcially' to COPY...it's just NOT ME!!!!

SO...when I made these really cute little DRD Dangle Earrings, I was quite AMAZED at how well I did, and how 'cute' they turned out. AND at a Scaper movie outing my fellow Scapers LOVED THEM!!!!! and said that there would be a 'demand' BIG TIME!!!

SO...what "I" am 'thinking of doing'... is making MORE of these...BUT as I really want to be able to 'donate' to the CAUSE...I figure make a portion of the 'sales' be 'earmarked' for donations...and the 'rest' to cover my 'costs'! IS THIS "OK" or would something like this be a PROBLEM with copyrights. I have NO INTENSION of claiming that "I" came up with the DRD 'idea'...no frelling way!!! I just LOVE the little guys!!! AND want to 'give' in the only way that I really am able to, through my artistic dimensional creations, aka: Jewelry!!!!

I don't really 'sell' my art these days as it is...I'm not 'up' to creating as much as I was before a 'few' work injuries (then was frelled outta work comp....long long story!) and SSDI ain't dren! BUT 'if' I were able to make my DRD 'jewelry'...that would be making me feel like I was actually FINALLY doing something for the FUTURE OF MY FAVORITE BELOVED FARSCAPE, which recently led me to my current :love: in my life after much struggle and pain. If not for Farscape...I wouldn't have met this wonderful man :smooch: that is making my life so worth living :joy: I talk about Farscape everywhere...have gotten friends interested...but I want to do more... :thewave: :sun:

[mycattoldme]

Hi KCRedcat! I love working with polymer clay! My only problem with it was backing the pieces so I switched over to paper clay and I'm loving it. I don't do many projects with it now but I have a lot of ideas! Is it possible for you to post a picture of your earrings?

[Shipscat]

Hey, Wdbeyer,

Satire is specifically exempt from copyright infringement (sort of the 'it was just a joke' defense). That's what we believe the cookbooks and comics fall under.

Also, the cookbooks are offered in exchange for donation, and lars and Ryan, who sell comics for a living, are largely taking the risk, if any..but they are donating some of their proceeds to the WMR fund.

And what's paper clay?

[KCRedcat]

:highfive: YEAH to Polymer Clay! been working with it 7 years and love it more all the time! (like the BF :love: ) hmmm...I"m wondering what you mean by a problem 'backing' the pieces??? what were/are you making? I'm one of the chat hosts over at www.polymerclaycentral.com message boards if you ever want to come on over and post ANY questions :idea:

YES, I need to scan the earrings and post a pic here and there on the boards!:drivin: SOON! just got a new car...so I'm busy taking care of paperwork! :rolleyes:


Originally posted by mycattoldme
Hi KCRedcat! I love working with polymer clay! My only problem with it was backing the pieces so I switched over to paper clay and I'm loving it. I don't do many projects with it now but I have a lot of ideas! Is it possible for you to post a picture of your earrings?

[ralfschumacher]

People might as well use Farscape images on Flyers and stuff because Henson will never find any any proof on who done them and who infrindged the copyright. Hypothetically speaking I could get a thousand flyers printed tommorow and then distribute them to people without anyone knowing that I done it. And even if I put the Savefarscape website address on the flyer there is still know way of proving that the website was inolved at all. The savefarscape website could just say we had no idea and then ask them to prove that they were involved.