OK to talk about plot? at DVinfo.net

Jaime Valles · December 13th, 2002, 11:00 AM

Alright, folks. Here's the deal. I'm working on an independent feature to be filmed this summer (2003). It is a comedy that was inspired by a famous opera. Now, the opera itself is NOT public domain, therefore I can't use the music from it. My question is: can I TALK about the plot of this opera in the dialogue of the movie?

Basically, some characters in the movie are told of the events in this opera, and based on those events, they plan out what to do. Is this against the law in any way? I don't think so, but I just want to make sure, because if it's illegal I need to make some drastic changes to the screenplay.

Thank you all in advance!

Jaime Valles

Richard Alvarez · December 13th, 2002, 03:41 PM

If I understand you correctly, The characters in YOUR movie, reference the plotline of an opera in their dialogue. This would be like having two characters in your movie say...

"Look we can kill him this way, I saw it in Hitchcocks film... it works like this...."

In my view, you got no problems.

"I am not a lawyer, nor am I offering you legal advice."
Standard disclaimer.

Basically, it's okay to refer to other works of art. You just can't USE other works of art. Even then, there is a certain ammount of wiggle room under the "fair use" clause, and the "Parody" defense. Neither of which apply to your case.

Rule of thumb: Is using this other work going to take money of the creator's pocket? If so... they will sue.

But hey, if it will help you sleep better, go see a copyright attorney for an opinion. Always keep in mind that a good lawyer will NEVER tell you "You can't be sued." They will tell you what your RISK of being sued is.

Jaime Valles · January 12th, 2003, 05:53 PM

<<<-- Originally posted by BillAngstrom : This would be like having two characters in your movie say...

"Look we can kill him this way, I saw it in Hitchcocks film... it works like this...."

In my view, you got no problems.-->>>

That's what I thought. Thanks for the reply.

Actually, I've been doing some re-writes to the screenplay and ended up ditching the opera idea entirely. I'll keep you all posted on the progress of the movie. Thanks for your help!

Derrick Begin · January 13th, 2003, 08:25 AM

Jaime,

Noticed your from NYC. If you need another lense, let me know. Here is what I have, FYI.

1-Canon XL1S
1-Sennheiser ME-66/K6
2-Sony Lavs
1-Bogen Tripod
1-Bogen Dolly (3" Casters)
Etc...

Feel free to contact me via email with any questions or just to touch base.

Cheers!

Derrick

December 13th, 2002, 11:00 AM	#1
Jaime Valles Major Player Join Date: Aug 2002 Location: New York City, NY Posts: 316	OK to talk about plot? Alright, folks. Here's the deal. I'm working on an independent feature to be filmed this summer (2003). It is a comedy that was inspired by a famous opera. Now, the opera itself is NOT public domain, therefore I can't use the music from it. My question is: can I TALK about the plot of this opera in the dialogue of the movie? Basically, some characters in the movie are told of the events in this opera, and based on those events, they plan out what to do. Is this against the law in any way? I don't think so, but I just want to make sure, because if it's illegal I need to make some drastic changes to the screenplay. Thank you all in advance! Jaime Valles

January 13th, 2003, 08:25 AM	#4
Derrick Begin Major Player Join Date: Jun 2002 Location: New York Posts: 329	POSSIBILITIES Jaime, Noticed your from NYC. If you need another lense, let me know. Here is what I have, FYI. 1-Canon XL1S 1-Sennheiser ME-66/K6 2-Sony Lavs 1-Bogen Tripod 1-Bogen Dolly (3" Casters) Etc... Feel free to contact me via email with any questions or just to touch base. Cheers! Derrick

December 13th, 2002, 03:41 PM	#2
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	If I understand you correctly, The characters in YOUR movie, reference the plotline of an opera in their dialogue. This would be like having two characters in your movie say... "Look we can kill him this way, I saw it in Hitchcocks film... it works like this...." In my view, you got no problems. "I am not a lawyer, nor am I offering you legal advice." Standard disclaimer. Basically, it's okay to refer to other works of art. You just can't USE other works of art. Even then, there is a certain ammount of wiggle room under the "fair use" clause, and the "Parody" defense. Neither of which apply to your case. Rule of thumb: Is using this other work going to take money of the creator's pocket? If so... they will sue. But hey, if it will help you sleep better, go see a copyright attorney for an opinion. Always keep in mind that a good lawyer will NEVER tell you "You can't be sued." They will tell you what your RISK of being sued is.

January 12th, 2003, 05:53 PM	#3
Jaime Valles Major Player Join Date: Aug 2002 Location: New York City, NY Posts: 316	<<<-- Originally posted by BillAngstrom : This would be like having two characters in your movie say... "Look we can kill him this way, I saw it in Hitchcocks film... it works like this...." In my view, you got no problems.-->>> That's what I thought. Thanks for the reply. Actually, I've been doing some re-writes to the screenplay and ended up ditching the opera idea entirely. I'll keep you all posted on the progress of the movie. Thanks for your help!