Public domain book use
- Thread starter sdvan
- Start date
That is an interesting question. I think it's ok. It's like they are getting free advertising in a way. It's not hurting them in any way. I don't really know for sure though. Maybe Fred knows the answer to this. Let me ask some more experienced people or lawyers and get back to you.
I asked Chatgpt and this is what I got.
For an independent movie, the considerations are similar, but they may become a bit more significant depending on the context and potential distribution of the film. Here's what to keep in mind:
1. **Commercial Use**: Unlike a student film, which is typically non-commercial, an independent film is often intended for broader distribution and may generate revenue. This could make the use of copyrighted materials, like book covers, more sensitive.
2. **Clearance**: While incidental use of books in the background is often permissible, it’s safer to clear any visible copyrighted material, including book covers, especially if the film is intended for wide distribution (festivals, streaming platforms, etc.). Some distributors and streaming services may require that all such materials be cleared to avoid legal issues.
3. **Focus and Prominence**: If the books are prominently featured, with their covers or titles clearly visible and playing a role in the narrative, the risk increases. In such cases, it might be wise to either obscure the titles/covers or replace them with generic or fictional books.
4. **Fair Use**: The concept of fair use might still apply, especially if the use is brief and incidental, but it’s less clear-cut in a commercial context. The more significant the use, the less likely it is to be considered fair use.
5. **Trademark Concerns**: Similar to copyright, if a book's title or cover is a registered trademark and it is used in a way that might imply endorsement, there could be legal risks.
6. **Public Domain and Permissions**: If the books are public domain, you’re in the clear. Otherwise, seeking permission from the copyright holder can be a safe route, especially if the film has a significant budget or is expected to reach a wide audience.
In summary, for an independent movie, it's generally advisable to take more care with the use of copyrighted materials like known books. If the books are just background elements and not a focus, you're likely fine, but for anything more prominent, you might consider seeking permission or using generic alternatives.
I asked Chatgpt and this is what I got.
For an independent movie, the considerations are similar, but they may become a bit more significant depending on the context and potential distribution of the film. Here's what to keep in mind:
1. **Commercial Use**: Unlike a student film, which is typically non-commercial, an independent film is often intended for broader distribution and may generate revenue. This could make the use of copyrighted materials, like book covers, more sensitive.
2. **Clearance**: While incidental use of books in the background is often permissible, it’s safer to clear any visible copyrighted material, including book covers, especially if the film is intended for wide distribution (festivals, streaming platforms, etc.). Some distributors and streaming services may require that all such materials be cleared to avoid legal issues.
3. **Focus and Prominence**: If the books are prominently featured, with their covers or titles clearly visible and playing a role in the narrative, the risk increases. In such cases, it might be wise to either obscure the titles/covers or replace them with generic or fictional books.
4. **Fair Use**: The concept of fair use might still apply, especially if the use is brief and incidental, but it’s less clear-cut in a commercial context. The more significant the use, the less likely it is to be considered fair use.
5. **Trademark Concerns**: Similar to copyright, if a book's title or cover is a registered trademark and it is used in a way that might imply endorsement, there could be legal risks.
6. **Public Domain and Permissions**: If the books are public domain, you’re in the clear. Otherwise, seeking permission from the copyright holder can be a safe route, especially if the film has a significant budget or is expected to reach a wide audience.
In summary, for an independent movie, it's generally advisable to take more care with the use of copyrighted materials like known books. If the books are just background elements and not a focus, you're likely fine, but for anything more prominent, you might consider seeking permission or using generic alternatives.
Also, got this:
*Frankenstein; or, The Modern Prometheus* was first published in 1818, and since the author Mary Shelley passed away in 1851, the work has long been in the public domain. This means you can freely use the text, characters, and themes from the original *Frankenstein* novel in your movie without needing permission.
However, be aware that adaptations, such as specific film versions or later reinterpretations of *Frankenstein*, may still be under copyright. If you're using elements from a particular movie adaptation, like specific character designs, dialogue, or visual styles that were not present in the original novel, you would need to consider the copyright status of those specific elements.
*Frankenstein; or, The Modern Prometheus* was first published in 1818, and since the author Mary Shelley passed away in 1851, the work has long been in the public domain. This means you can freely use the text, characters, and themes from the original *Frankenstein* novel in your movie without needing permission.
However, be aware that adaptations, such as specific film versions or later reinterpretations of *Frankenstein*, may still be under copyright. If you're using elements from a particular movie adaptation, like specific character designs, dialogue, or visual styles that were not present in the original novel, you would need to consider the copyright status of those specific elements.
Maura N.
The Last Black Unicorn
Hello sdvan,
That's an exciting project you're working on! As for public domain books like Dracula and Frankenstein, since these works are indeed in the public domain, you can generally use them freely in your film. This means you shouldn't face any copyright issues with displaying their titles or content. However, it's always good to double-check the specific edition of the book, as some modern editions may have new introductions, illustrations, or annotations that are copyrighted.
Best of luck with your film, and the dolly shot across the bookshelves sounds like a great visual idea!
That's an exciting project you're working on! As for public domain books like Dracula and Frankenstein, since these works are indeed in the public domain, you can generally use them freely in your film. This means you shouldn't face any copyright issues with displaying their titles or content. However, it's always good to double-check the specific edition of the book, as some modern editions may have new introductions, illustrations, or annotations that are copyrighted.
Best of luck with your film, and the dolly shot across the bookshelves sounds like a great visual idea!
sonnyboo
Member
This isn't a clear an answer - depending on the age of that exact book. You can legally use the CONTENT of a public domain book, but cover art is a separate piece of art. Some publishers can claim a separate copyright on the cover art, the binding, etc.
Realistically, you likely won't have an issue, but just in case - that info is something to consider.
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