QUESTION

Can I use a TV character in videos?

Asked on Jan 26th, 2013 on Entertainment Law - California
More details to this question:
I wanted to use a TV character in videos Example is Seinfeld. if I where to use the exact same character and make my own show with but write my own script with the character of Jerry Seinfeld is that illegal. I don’t want to make money off of it.
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3 ANSWERS

You can not use a TV character in your videos without the permission of the television program owner.
Answered on Jan 31st, 2013 at 7:13 PM

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Copyrights Attorney serving Portland, OR at Peter Vaughan Shaver, Esq.
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Bad idea. The short answer is no, as not only copyright law may apply, but also publicity and personality rights. While the law allows for certain parody uses of characters under the federal fair use provisions of the Copyright Act, there are other factors in play here. Note: it does not matter that much if you make money off your derivative work or not - you still need to obtain (preferably, written) permission to use others' work for secondary purposes under copyright law. Of course, if you are not using content for commercial purposes, there is less likelihood that anyone will seek to recover damages from you, but it is still probably not worth the risk here.
Answered on Jan 29th, 2013 at 8:43 PM

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Susan Marie Basko
Talk with a creative knowledgeable lawyer about what your plans and goals are. Do you remember the "Real Live Brady Bunch"? These were stage shows and later a movie, that used the exact scripts and characters from The Brady Bunch. There are ways to do such things, but you need a good lawyer. It is often possible to get licensing for what you want to do.
Answered on Jan 29th, 2013 at 2:31 PM

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