QUESTION

Could basing a video game on public domain literature infringe extant film rights on said literature?

Asked on Oct 10th, 2011 on Entertainment Law - Oregon
More details to this question:
We are considering using characters and plot elements from books in our video game. These are in the public domain. However, The Walt Disney Company owns the film rights to these books. Could this cause problems?
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1 ANSWER

Copyright Infringement Attorney serving Portland, OR at Day & Koch LLP
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I should say, first of all, that I am all for giving simple answers to simple questions. That being said, I know from past experience that there are usually some subtle legal complications underlying public domain situations, and more often than not, the 'devil is in the details.' Thre are also some non-public domain issues in such situations as well, for example in relation to the use to titles of prior existing works. In short, it would be foolhardy for a lawyer to try to give a useful and reliable answer without getting a lot more information, looking at a copyright database, etc. etc. Also, when there is a company like Disney holding certain rights, there are some strategic issues and approaches that are proper and legal, but which for strategic reasons are best not posted on a public website which could potentially be tracked back to you. In short, I would respectfully recommend that you consult with an attorney in your area on these issues, for the reasons given above. Best of luck to you.
Answered on Oct 11th, 2011 at 4:23 PM

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