movie and tv references
Seamus:
I know this subject has been addressed before. But I am working on the final edits of our next book and wanted to get some peoples' thoughts on the subject again.
We are putting out a Mafia role playing game (within the next couple of months). The game is all done, and I am just doing some finishing touches. I've tried to expand our treatment of mafia movie themes and character types in the GM section. To do this, I make reference to specific characters from mafia movies and shows (Tony Soprano, Michael Corleone, Henry Hill,etc). So I will say something like "Betrayal is an unforgiveable crime. In Goodfellas, the protagonist (Henry Hill) turns against his former bosses, to save his own life." and "Dirty cops, corrupt politicians and fallen heroes are staples of the genre. In the Godfather Trilogy we witness the moral corruption of Michael Corleone, culminating in the murder of his own brother." Stuff like that. This is kosher, right?
Ken:
The most common response here is usually: TALK TO A LAWYER!
Its just good advice and the best thing to say in a situation like this. A lawyer could tell you for sure whether you are infringing on someone's intellectual property and whether copyright law allows for one-shot comments like the ones you're suggesting.
Personally, if I didn't know for sure and didn't want to seek legal advice (which I do know for sure) then I would avoid it altogether. If there is a way to create your own examples without using someone's fictional characters then I would do that.
Good Luck,
Ken
Jasper Flick:
Making references to other stuff is fine. Talking about other stuff is fine. A little quote is fine too. Copying big chunks is not.
Basically, everything you'd say in normal discourse is fine. Talking/writing about something is fine. Making false claims is not.
Really, nobody's gonna sue you for referencing a movie or writing a three-sentence summary of it.
Ron Edwards:
Hi Seamus,
The best way to address this question is simply to see what others have done. The inquiry "Is it all right to ..." is basically not answerable, because "all right" or "kosher" or "OK" or "safe" or whatever isn't a concrete thing. But you can get a real perspective on the actual landscape of what others have done, and what has happened, and then make your own decisions.
In my books, I have extensively referenced, quoted from, and sometimes summarized a great deal of fiction and film, exactly in the way you've described. I have encountered absolutely no objections from the authors or publishers or estates. In the few occasions when I've inquired, for instance regarding works and interviews by John le Carré, the response has always been "Go ahead, that use does not violate anything."
Everyone else: I ask that we restrict the responses to straightforward descriptions of what you, as a publisher have quoted and referenced, and any consequences you've experienced, including "none." Please do not provide advice, generalizations, attempts to describe the laws, or speculations about what would or will happen.
Also, Seamus, rather than consult a lawyer, I recommend learning a bit about the laws, which are far less restrictive than many people seem to think. There are a number of links in the sticky post at the top of this thread to help you do that.
Best, Ron
Seamus:
Thanks. Checking out the links now. I figure what I am doing is stuff I have seen in other games (I know for example I have seen other games give a complete history of a movie genre).
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