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It seems like I have finally settled on a comic idea. And like my last couple of "maybe-ish" ideas, this one has...err...issues(?)..with:
<b>COPYRIGHTS.</b>
I'm kind of funny with them, as I'm never really sure if I'm violating some policy even if I am directing credit at, say, the creator of a character I want to use. And I'm at a rather early stage in life to get sued, y'know? So before I began my comic, I decided to check over with you all first just so I know what to do and what not to do.
Ok, so, here's my case: I want to do a comic thats a sort of a fancomic based on the film <i>L
There's no safe way to use someone else's characters and story without first getting their permission. It's possible to get sued even if the comic is an obvious parody of the character(s)/story or even if the characters bear some resemblence to another set of characters in someone else's comic. It depends on how litigious the other person is and whether they will ever see your comic. If you're unknown you can be a little more blatant because the object of your parody will probably never see it. The more well known you get the more careful you need to be.
http://hellsing.keenspace.com/ is a fan comic using characters and situations from the Hellsing manga/anime series. You might talk to the author to see how she handles it.
And Shine Heaven Now wrote:Disclaimer: Hellsing isn't mine - it's copyright by Kouta Hiraino, Gonzo animation, Pioneer, and probably some other groups I've missed. So please don't sue me.
I was looking at that Hellsing comic earlier, strangely enough o_O
I have no idea who created Leon really...so I suppose I would have to go for the respective creators thing...but like you say, things will probably change as I get more well known..
The simple answer, in one sentence, is: YOU MAY NOT USE ANOTHER PERSON'S WORK WITHOUT FIRST OBTAINING PERMISSION.
The more complex answer: You don't need permission if:
1) You are using their work for parody only and it is quite clearly parody, and your work remains parody.
2) You are making brief, limited use of the work with appropriate credit given under Fair Use.
I don't think there are any others. In both cases, there are two basic rules:
1) Cause no harm.
2) Gain no money.
#1 means you can't hurt their reputation, injure them emotionally, dilute their copyright, take away their sales or their market share, etcetera. 'harm' is very loosely defined.
#2 means you can't make money off your work, whether directly or indirectly (you can't for example, sell something based on your work, which is itself using someone else's work).
You wish to use the main character of a film for an ongoing comic. That definately violates Fair Use. It sounds to me like you don't mean to use Leon for parody either.
Will you get caught if you take the character from the movie? Probably not. The world is rife with copyright violations that would never make prosecution. But be aware that just saying, "Leon is a product of the mind of XXX" isn't enough.
**edit** Inspiration isn't illegal, btw. So you can have a similar kind of character, but there should be enough differences so that a reasonable, uninterested third party could tell they are two different characters.
Crossfire: "Thank you! That explains it very nicely, and in a language that someone other than a physicist can understand..."
Denial is not falsification. You can't avoid a fact just because you don't like it.
"Data" is not the plural of "anecdote"
Soul Train wrote:I think I'm alright there - I certainly don't intend to cause harm, and I really don't think I'll be making any money out of it!
Those only apply if it's a brief appearence or a parody.
For example, Jibjab used a song that didn't belong to them (in a recent parody that I'm sure we all know). Not a problem, until they had to ask for money to cover their bandwidth costs, then it counted as making money using that song, then the problems started.
Only do it if it's a parody or brief appearence, like the others said. Better yet, think up your own characters.
Soul Train wrote:I think I'm alright there - I certainly don't intend to cause harm, and I really don't think I'll be making any money out of it!
Those only apply if it's a brief appearence or a parody.
For example, Jibjab used a song that didn't belong to them (in a recent parody that I'm sure we all know). Not a problem, until they had to ask for money to cover their bandwidth costs, then it counted as making money using that song, then the problems started.
Only do it if it's a parody or brief appearence, like the others said. Better yet, think up your own characters.
Couldn't they have just said "Donate to us to keep the site up?"
Back to the topic, I suggest you read these two pages:
So before I began my comic, I decided to check over with you all first just so I know what to do and what not to do.
