Copyright action question

[jallenecs]

Here's a question that has come up recently, and I don't know where in the forums to ask it.

Set up: I write and produce a play, and in it were copyrighted characters or situations. Owner of the copyrighted materials gets their knickers in a bunch over things -- as is their right -- and decide legal action is in order.

The targets of said legal action would be the writers and producers, naturally. Would they also target the actors? the stage people? Could they?

[comped]

^ since this is a play, it will most likely go into the play writing sub-forum of this sub-forum.

As far as I know, only the writers/producers can be sued, not the actors. As always, I advise you to consult with a lawyer.

comped

[Ketzel]

I will give you the lawyer's answer: it depends.

Any lawyer worth his/her retainer would be capable of finding a viable claim against everyone involved in the alleged infringement, imo. That said, if some of the potential defendants have little to no assets to pay off a judgment against them, and the costs of the litigation are an issue for the plaintiff, the lawyer is likely to focus the case only on the strongest claims against the wealthiest alleged infringers.

[nmstevens]

Originally Posted by jallenecs

Here's a question that has come up recently, and I don't know where in the forums to ask it.

Set up: I write and produce a play, and in it were copyrighted characters or situations. Owner of the copyrighted materials gets their knickers in a bunch over things -- as is their right -- and decide legal action is in order.

The targets of said legal action would be the writers and producers, naturally. Would they also target the actors? the stage people? Could they?

Not to put too fine a point on it -- if you and and a friend break into a warehouse and take a bunch of computers that aren't yours -- well, sure you know you and your friend might be subject to "legal action" -- but what about your other friend who drove the truck, or your other friend, where you kept the computers in her basement, or all of those people you later sold the computers to? Surely they won't be in any trouble?

Here's the deal. I suppose, in one sense the "best" thing you could do is consult a lawyer, but here's an even better thing to do.

Don't take stuff that isn't yours.

Then you won't have to worry about you and your friend being in trouble, or your friend that drove the car, or your other friend where you kept the stuff, or the people who bought the stuff.

And here's another hint. If you're going to walk off with a bunch of computers, posting a questions about it to people who make their living making and selling computers -- probably not the best idea.

There's such a thing as "fair use" of copyrighted material -- use that doesn't constitute an infringement of someone else's intellectual property.

If what you're doing falls in the category of fair use, then you're okay. If it doesn't -- then don't do it.

It's easy to dismiss this as some anonymous "owner of copyrighted material" -- but as writers, we should be respecting the value of other people's intellectual property, just as we want others to respect ours.

Our intellectual property -- our creative work -- is all we have. It's the food on our table. It's the roof over our heads.

The fact that you don't have to break into a warehouse and load it into the back of a van doesn't mean that it's okay.

If you are really convinced that you've violating somebody else's copyright, you shouldn't just be worried about your actors and crew, you should be worried about the fact that you've taken something that isn't yours.

NMS