Legal Question

[The Squirrel]

If a person is making a movie, are they allowed to mention characters like Batman or Superman by name in the script, if they movie has nothing else to do with those characters?

 

[Eggyman]

I think so. I'm sure there are plenty of examples.

'You're not Superman, you know.' Aunt may - Spider-Man

 

[BlackLantern]

I think it's a matter of usage....there is a mention of Superman in 'Cloverfield' as a conversation between two characters....

 

[The-Dark-Knight]

Yes they can though it's different if say a radio station DJ for example says 'I arrived by Virgin today it was very fast' then it is seen as a advertisment and showing that thestation is favorable to said train company. (as odd as it sounds) Other train companies may then ring up and have there company mentioned in the same vein.

As odd as it sounds it's true.

 

[Obi-Ron]

'I arrived by Virgin today it was very fast'

"Next time, I'll take a train!" t:

 

[Ronny Shade]

"You remember that comic the Fantastic Four?"
"The one with the invisible *****?"
"He looks EXACTLY like the ****ing Thing"

 

[black_dust]

It's impossible.
Lois could never have
Superman's baby.

Do you think
her fallopian tubes
can handle his sperm?

I guarantee he blows a load
like a shotgun,
right through her back.

I think its safe to say you can use the name but not the likeness

 

[Eggyman]

Think of all the characters kevin smith's mentioned in his films...

It's certainly allowed.

 

[The-Dark-Knight]

"Next time, I'll take a train!" t:

 

[The Squirrel]

Cool, thanks guys. I just wanted to be sure, cause I mention Batman in my script I'm shooting next semester, but it's not a comic book movie.

 

[Ronny Shade]

What I want to know is if its legal for a character who is obviously not a certain copyrighted character to be playing said copyrighted character in a film that doesn't own the copyright to that character.

 

[The Squirrel]

Think of all the characters kevin smith's mentioned in his films...

It's certainly allowed.

I wasn't sure if people have to get permission to do that though. I'm still new to all this.

 

[The-Dark-Knight]

What I want to know is if its legal for a character who is obviously not a certain copyrighted character to be playing said copyrighted character in a film that doesn't own the copyright to that character.

I'm just gonna nod and stroke my chin like i understand.

 

[Ronny Shade]

I have this great treatment for a movie about guys making a X-Men fan film.

but I don't want to bother making it if I can't sell it.

 

[black_dust]

What I want to know is if its legal for a character who is obviously not a certain copyrighted character to be playing said copyrighted character in a film that doesn't own the copyright to that character.

No because then you would be using the characters likeness and/or logos in the film

 

[The-Dark-Knight]

I have this great treatment for a movie about guys making a X-Men fan film.

but I don't want to bother making it if I can't sell it.

You dont have the right to said characters or there likeness nor do you have permission. You could make it but if you made a penny off it you'd be infringing copyright. The only thing you could do with it is put it on you tube.

 

[Ronny Shade]

thats what I figured.

 

[Eggyman]

Or change the Xmen to something similar but not copyright infringing.

 

[Ronny Shade]

That would ruin it.

I still think it shouldn't be copyright infringement.

Its not those characters...its a bunch of nerds dressing up like those characters.

But whatever. I have better ideas.

 

[mrvlknight21]

Yes, they can mention them.

 

[The-Dark-Knight]

That would ruin it.

I still think it shouldn't be copyright infringement.

Its not those characters...its a bunch of nerds dressing up like those characters.

But whatever. I have better ideas.

As i'm sure you know though thats not how Marvel would see it, as every penny you make on it is a penny they feel they are losing.

 

[Ronny Shade]

It wouldn't be marvel. It'd be fox.

 

[The-Dark-Knight]

It wouldn't be marvel. It'd be fox.

I was gonna say that but did Marvel not get all there rights back now and Fox just distribute? As with TIH and Universal.

 

[The Squirrel]

I was gonna say that but did Marvel not get all there rights back now and Fox just distribute? As with TIH and Universal.

Not all of them no.

 

[Ronny Shade]

I was gonna say that but did Marvel not get all there rights back now and Fox just distribute? As with TIH and Universal.

fox is making WAY too much money off of X-men to sell that back