Definition: Intellectual property is defined as “creations of the mind,” including literary, musical, and artistic works, designs,
symbols, brand names, logos, and trademarks.
COPYRIGHTING YOUR WORK
Copyrighting is secured automatically when the work is
created and fixed in a tangible form that is perceptible either
directly or with the aid of a machine or device. For filmed
work, this means that a screenplay is copyrighted once it is set
down on paper, and footage is copyrighted once it is recorded.
A copyright mark is not required by law, nor is registration
with the US Copyright Office. Registration may be advisable in
some circumstances. Seek legal counsel.
You may choose to register your work with Writers Guild of
America (WGA). According to their website:
Registering your work with the WGAW Registry documents the
claim of authorship of a written work and does NOT take the place
of registering with the Library of Congress, U.S. Copyright Office
which primarily documents the ownership or rights of written
work. While both create legal evidence that can be used in court,
we recommend contacting the Library of Congress directly with
any questions regarding COPYRIGHT procedures or practices.
INTELLECTUAL PROPERTY PERMISSIONS
If a student’s project contains any intellectual property
belonging to another person or entity, full written permission
to use that property in the project must be obtained before the
project can be screened in public. (Screening within a class
does not constitute a public screening).
The following information is not intended as professional
legal advice. It is intended rather as a general guide
BRANDING
If an article of clothing or other piece of personal property
that appears in your project contains an identifiable person or
piece of branding (for example, a trademarked logo, slogan,
or name), you may be required to obtain permission to use the
image. Seek legal counsel if you are unsure.
Photographing/filming any trademark or logo that presents
the company associated with that image in a detrimental or
defamatory way could expose you to a lawsuit for slander and/
or libel. If the trademark or logo is non-distinctive background
(for example, a company sign in the distance that receives no
direct or implied reference in the project), permission is not
required.
COPYRIGHTED WRITTEN MATERIAL
In fictional works, the names and identifying information of all
characters must be fictional. No character may match a real
person with identical demographics. While there are many
Joe Johnsons in the world, if your character is named Joe
Johnson, there must not be a real Joe Johnson with the same
age, address, ethnicity, occupation, etc.
COPYRIGHTED VISUAL MATERIAL
If a project contains copyrighted visual materials like film
clips, photos, or artwork, written consent to use the material
must be obtained from owner. This can be difficult and
expensive for filmed material, as multiple owners may be
involved. Licensing stock footage and photography from online
libraries are efficient and less expensive.
In the case of photo/video of identifiable individuals, written
consent must be obtained from both the owners of the
copyright and the person(s) in the photo.
CHARACTER IDENTITY
In fictional works, the names and identifying information of all
characters must be fictional. No character may match a real
person with identical demographics. While there are many
Joe Johnsons in the world, if your character is named Joe
Johnson, there must not be a real Joe Johnson with the same
age, address, ethnicity, occupation, etc.
MUSIC
Consent must be obtained for all previously published or
recorded music used in a project. This can be expensive and
time consuming, as there are multiple rights involved in any
piece of music: synchronization rights, performance rights,
and master use license. We recommend using original music
scored specifically for your film whenever possible.
• Synchronization rights controlled by a music publisher,
these are the rights to record music as part of your project
and allow a composition to be used in timed synchronization
with a project.
• Performance rights are the rights to recite, play, sing,
dance, or act out a piece of music.
• Master use license is permission to use a specific recording
in a visual work. This license must be obtained from the
copyright owner of the recording, usually the record company.
• Creators/performers - You may also be required to obtain
consent from the performers, writers, and/or composers of
any given song.
PHONE NUMBERS
You may not use real phone numbers or other contact
information in your film. The phone numbers 555-0100
through 555-0199 are designated specifically for fictional use
and will never be assigned to real people or businesses. You
may use a number in that range freely.
LICENSE PLATES
Prop license plates, or written consent from the owner of a
real license plate, must be obtained for any image involving a
legible license plate.
