The Magic Café
Username:
Password:
[ Lost Password ]
  [ Forgot Username ]
The Magic Cafe Forum Index » » Let there be magic! » » Copyrights and rights to copy (0 Likes) Printer Friendly Version

waas
View Profile
New user
17 Posts

Profile of waas
Hello everyone :

I'm writing this book, and I want it to be sold with a DVD.
I have friends that can help me find an editor in both US and European market.

So the questions asked below may have different answers according to the market.

Now, I want to do things right, so here are my questions :

1. One of the tricks involve the use of 40 car logos (FORD, DODGE, FERRARI etc..).
Is it legal to use these logos printed in the book ? on cards ? displayed on special software ?
Of course, no negative image nor bad publicity is made of the car makers..
By the way, I'm not familiar with copyright and Trademark concepts.

2. On the DVD, there will be a free freecell game.
The cards displayed are scanned BICYCLE blue deck of cards.
Is this legal ?
What if I want to modify slightly the original design ?

3. I have shot some videos and some music I added are downloaded from http://www.soundsnap.com
The site is a ressource of free sounds and music.
But the fact that I included these sounds in a commercial product, makes it an illegal use ?

4. How about if I shot a video, and the music I added in the editing is a "copyright" song from a famous artist ?
Is there a maximal length I can use for free ?
Do I have to display the artist, and the composer/Writer in the credits ?

5. Does anybody know a good website that helps amateur writers/video makers/software developpers to protect and legally publish their creation without trespassing international laws ?

Thank you very much for your help !
Father Photius
View Profile
Grammar Host
El Paso, TX (Formerly Amarillo)
15883 Posts

Profile of Father Photius
Believe me, it is in your best interest to contact a copyright attorney with those questions, not the sort of thing you want amateur answers on. It might cost you a few dollars, but could save you thousands.
"Now here's the man with the 25 cent hands, that two bit magician..."
Donal Chayce
View Profile
Inner circle
The City of Angels
1771 Posts

Profile of Donal Chayce
I concur with Father Photius. That said, much of the work I do involves intellectual property rights. In answer to your questions:

1. No, you cannot use these logos or trademarks without first securing a license (i.e., permission) to do so from the respective companies.

2. No, you cannot use the image of the back of Bicycle cards, scanned or otherwise, without also securing a license to do so. "Slightly modifying" the design will not help, unless you change the design so much that most folks would not recognize the new design as being a modification of the original Bicycle design; i.e, they wouldn't confuse or otherwise associate your design with the Bicycle design.

3. I don't know. I would have to check out the useage terms on the Soundsnap website. But my hunch is that those terms do not include making use of their music in a commercial context. If I'm correct, then you would also need to secure a license to use such music from the rights holder (presumably Soundsnap).

4. I presume you're referring to the "fair use" doctrine under copyright law. This is a very tricky area, and you really need to consult with a copyright attorney. But my hunch is that since you're intending to use the song in a commercial context, the fair use doctrine would not apply.

5. I don't know. But isn't it ironic that you're asking for resources to assist you in protecting your creative work while at the same time trying to figure out how to make commercial use of the creative work of others without having to license it or otherwise secure their permission?
The MacGician ®
***********

The fates lead him who will...him who won't, they drag.
-Seneca
waas
View Profile
New user
17 Posts

Profile of waas
Thank you Father Photius and Donal Chayce.

So, in a nutshell, according to Mr Chayce, everything is forbidden Smile
Reminds me of that old joke :
"In Russia, everything is forbidden. In Germany, everything is forbidden unless it is permitted. In Britain, everything is permitted unless it is forbidden. And In Italy, everything is permitted whether it is forbidden or not". Smile

On point 5 : I see no irony, but very blurry borders.
If someone publishes some extracts of my creations, and it makes good promotion of my work, then I'm happy.
If someone release a whole part, then it's hurting my work, and it is stealing.
There must be some clear and simple rules to all this !

Another point : I have bought hundreds of gimmicked packet tricks.
I have seen tutorial videos that explains how to make custom bicycle cards.
I have at least 50 books of card magic with bicycle design cards represented for explanation sake.
All the 3 products mentioned above are legal products.
What's more, so many videos on Youtube are edited with protected music, yet the videos are not always deleted from the website.

One last point :
In case a law is violated, who is sued ? The rights owner ? The publisher ?
Would'nt it be the easiest solution : Leave it all to the publisher to check the legal stuff ?

Thanks again for your suggestions.
Donal Chayce
View Profile
Inner circle
The City of Angels
1771 Posts

Profile of Donal Chayce
Quote:
On 2008-10-09 05:50, waas wrote:
Thank you Father Photius and Donal Chayce.

You're welcome.
Quote:
Another point : I have bought hundreds of gimmicked packet tricks.
I have seen tutorial videos that explains how to make custom bicycle cards.
I have at least 50 books of card magic with bicycle design cards represented for explanation sake.
All the 3 products mentioned above are legal products.

I'm assuming that you raised the point about the packet tricks because they had Bicycle backs, correct? If so, it is generally not against the law to resell copyrighted goods. The law is a bit murky when it comes to the legality of modifying copyrighted material, but since it's only the backs and some of the faces of a Bicycle deck that are copyrighted (e.g., the Ace of Spades)--the deck itself isn't copyrighted, reselling Bicycle cards that have been gaffed would be legal, provided that changes weren't made to the copyrighted material (i.e,. the backs and/or the applicable faces). If changes are to made to the copyrighted material, permission is required. For example, if I want to perform a copyrighted song in a commercial environment, but I want to change the lyrics (and I don't mean a word here or there), in addition to a public performance license I would also need to secure a "parody" license from the rights holder.

As far as utilizing photographs of Bicycle cards in the explanation portion of magic books, that would generally fall under the fair use doctrine.

Quote:
What's more, so many videos on Youtube are edited with protected music, yet the videos are not always deleted from the website.

That doesn't mean that it's legal--it's not.
Quote:
One last point :
In case a law is violated, who is sued ? The rights owner ? The publisher ?
Would'nt it be the easiest solution : Leave it all to the publisher to check the legal stuff ?

The copyright holder would be the party bringing the lawsuit, and they would most likely sue (in the case of a book) the publisher and the author. The author's agreement with the pubilsher would most likely have a "representations and warranties" clause that states that the material the author is delivering to the publisher is his own work and that he is the sole owner of the work, or the material is in the public domain or, in the case of third-party material, the material has been duly licensed from the third-party rights holder(s). The publisher therefore could (and most likely would) therefore hold the author liable for any damages the publisher incurs as a result of the author's breach of the reps and warranties clause.

That said, publishers, film studios, TV networks, etc. commonly have "errors and omissions" insurance to protect them for the inadvertent violation of third-party rights, and if the author is smart he will require being included as a "named additional insured" on that policy as part of the agreement with the publisher. But that insurance would not protect the author if the author knowingly used copyrighted material in the book or reasonably should have known such material was copyrighted; it only covers the accidental use of such material.

BTW--in both of my posts I'm referring solely to US copyright law. Copyright law in Europe (and other locals) is different.
The MacGician ®
***********

The fates lead him who will...him who won't, they drag.
-Seneca
waas
View Profile
New user
17 Posts

Profile of waas
Thanks again for the information.

I think we can fairly say that Father Photius advice is a wise one.

By the way, If anyone crossed a useful website, please share the tip !

Time to go sleep now Smile
stijnhommes
View Profile
Special user
568 Posts

Profile of stijnhommes
Quote:
On 2008-10-08 18:32, waas wrote:
1. One of the tricks involve the use of 40 car logos (FORD, DODGE, FERRARI etc..).
Is it legal to use these logos printed in the book ? on cards ? displayed on special software ?
Of course, no negative image nor bad publicity is made of the car makers..
By the way, I'm not familiar with copyright and Trademark concepts.
This is basically a trademark issue. I don't have enough knowledge of trademarks to answer this one.

Quote:
2. On the DVD, there will be a free freecell game.
The cards displayed are scanned BICYCLE blue deck of cards.
Is this legal ?
What if I want to modify slightly the original design ?
Using bicycle deck backs is perfectly legal. You can even make gaffs with out the US Playing Card Company's permission. I'm not so sure about the origin of freecell. If it is age-old, you're fine, if the game itself (rather than the computer variation) was developed by Microsoft, it's a problem waiting to happen.

Quote:
3. I have shot some videos and some music I added are downloaded from http://www.soundsnap.com
The site is a ressource of free sounds and music.
But the fact that I included these sounds in a commercial product, makes it an illegal use ?
Read the Terms of Service (http://www.soundsnap.com/tos) If using the sounds and music in a commercial product is illegal, that page will say so. Of couse, you might be able to contact the original creator and procure said rights for a share of the profit.

Quote:
4. How about if I shot a video, and the music I added in the editing is a "copyright" song from a famous artist ?
Is there a maximal length I can use for free ?
Do I have to display the artist, and the composer/Writer in the credits ?

You mean "copyrighted". If you use a song by a well-known artist, it is copyrighted. You can use under 30 seconds by a fair use rationale, but commercial work does not fall under the fair use criteria. Whether you can get the rights or not, you should always credit the artist, and the composer/writer for material you use.

Quote:
5. Does anybody know a good website that helps amateur writers/video makers/software developpers to protect and legally publish their creation without trespassing international laws ?
The first stop would in my view be the website for Creative Commons Licenses to lay down the law when it comes to distributing your work. I'm not familiar with the video and software world to give further advice. If you want further advice on writing, for which I do have the know-how, please feel free to PM.
tiggod
View Profile
Regular user
New Zealand/Australia
126 Posts

Profile of tiggod
Some very good advice given here. In my line of work I deal with copyright a lot and I have a quick saying to help those who don't understand the concept.

Copyright is about the right to copy. If you have not been given the right from the copyright owner then you can not copy. If you are not sure if you have the right to copy or not then you more than likely do not.

I have contacted copyright owners of art, music and video in the past and managed to obtain the right to copy for free (for inclusion in television programs) but unless they sign on the dotted line, you have no right.
EZrhythm
View Profile
Loyal user
FINALLY can french drop after
244 Posts

Profile of EZrhythm
Quote:
On 2008-10-08 18:32, waas wrote:
Hello everyone :

4. How about if I shot a video, and the music I added in the editing is a "copyright" song from a famous artist ?
Is there a maximal length I can use for free ?
Do I have to display the artist, and the composer/Writer in the credits ?


The replies have provided good answers but for your question #4; Common usage is up to eight counts/beats or up to two

measures of any particular song without obtaining permission. If you are familiar with counting and beats in music then this is easy to understand. If you are not, as an example take a typical modern song that one could dance to and count to 8 on the down beat which is most likely the beat of the bass drum keeping rhythm.

Keep this in mind; One could follow all these suggestions, consult an attorney, go with what they believe to be safe and still have a suit filed against them. If a copyright or trademark holder feels their rights were violated then they have recourse.

Back in the 80's a pop artist, Vanilla Ice used two measures of similar notation for a song, (Ice Ice Baby) as to a song the band, Queen and David Bowie had published previously. http://en.wikipedia.org/wiki/Ice_ice_baby

US Copyright Law Title 17 United States Code; http://www.copyright.gov/title17/92chap1.html
One of my rules is never explain. A writer is a lot like a magician, if you explain how the trick works then a lot of the magic turns mundane. -Laurell K. Hamilton

When a magician lets you notice something on your own, his lie becomes impenetrable.
-Teller
The Magic Cafe Forum Index » » Let there be magic! » » Copyrights and rights to copy (0 Likes)
<<< Previous Topic Next Topic >>>
[ Top of Page ]
All content & postings Copyright © 2001- 2014 Steve Brooks. All Rights Reserved.
This page was created in 0.216924 seconds, requiring 34 database queries.
The views and comments expressed on The Magic Café
are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic.
> Privacy Statement <

[9] [7] [5] [5] [9] [8] [2] [7] [8]