QUESTION

What are the legalities concerning basing original work on the intellectual property of others?

Asked on Aug 29th, 2011 on Intellectual Property - Florida
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I''ve written a screenplay based on existing and published comic-book characters. Before I copyright my work, I''m concerned about intellectual property rights. Do I need permission from the intellectual property owners before I copyright my screenplay? I''ve sent them an e-mail, but I still haven''t heard from them. Is there a minimum amount of time that I should wait? Please note that although I live in Israel, I''m originally from Florida I would be dealing with American law. Thank you.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is possible that the comic-book characters are subject to trademarks which may be enforceable world-wide. This is frequently the case, and some characters (such as Batman) are the subject of numerous registrations for different classes of goods and services. A member of the consuming public could be confused into believing that your screenplay is endorsed or sponsored by the company that owns such trademarks, which would be a classic trademark infringement fact pattern. You should probably not proceed unless and until you have acquired the rights to use these names. You should not assume that the absence of a response constitutes consent.
Answered on Sep 26th, 2011 at 3:16 PM

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