IP Question - how is it determined owns the IP to old defunct film series?
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Date: April 22nd, 2025 4:10 PM Author: michael doodikoff
and do they do it by some combination of copyright and trademark holdings?
Example - if someone wanted to make a modern "Short Circuit" movie (last iteration was in 1988), who do you have to get in touch with about it?
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871640) |
Date: April 22nd, 2025 5:17 PM Author: THE KING OF RALLIES
copyright lasts a long fucking time.
You need to get in touch with whoever owns the copyright. Probably the studio.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871879) |
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Date: April 22nd, 2025 5:27 PM Author: THE KING OF RALLIES
I just told you the answer above.
FWIW every time Mickey Mouse is about to go off copyright congress extends copyright terms.
the technical answer is author lifetime + 70 years.
There are other terms for derivates etc.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871917) |
Date: April 22nd, 2025 5:21 PM
Author: ,.,..,.,..,.,.,.,..,.,.,,..,..,.,,..,.,,.
one method is to go ahead and use the IP and wait and see who sues for infringement. the person who wins will have the IP rights going forward.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871892) |
Date: April 22nd, 2025 5:33 PM Author: ;...;;;;...;.
Copyright law governs the ownership and use of original creative works, such as films, books, music, and scripts, and is critical in determining who controls the intellectual property (IP) of a defunct film series. In the U.S., copyright protection is automatic upon creation of a work fixed in a tangible medium, like a completed film or screenplay. For works created by corporations or as works-for-hire, such as most films, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter. This means older film series from decades past, like those from the 1980s, remain protected for many years, and the rights holder retains exclusive control over reproduction, distribution, adaptation, and public performance. Ownership typically begins with the creator or production entity, such as a studio or production company, but can transfer through sales, mergers, bankruptcies, or licensing agreements, making the chain of title—a documented history of ownership—essential to trace.
When a film series becomes defunct, the copyright doesn’t expire simply because the IP is no longer in active use. However, determining the current owner can be complex if the original company dissolved or the rights were sold. Copyright registrations, accessible through the U.S. Copyright Office, provide a starting point to identify the initial owner and any recorded transfers. If rights were licensed rather than sold, multiple parties might hold stakes, such as remake rights or distribution rights, requiring careful legal analysis. Unlike trademarks, which protect brand elements like titles and require active use and renewal, copyrights don’t lapse due to non-use, but their scope is limited to the specific creative expression, not the underlying ideas or concepts. For example, a new film with a similar premise but no direct use of protected material might not infringe copyright, though it could still face other legal challenges.
To secure rights to a defunct film series, one must identify and negotiate with the copyright holder, often through a studio’s legal department or a rights clearance firm. This involves verifying the chain of title to ensure no competing claims exist and negotiating a license or purchase, depending on the intended use, such as a remake or sequel. Entertainment lawyers play a key role in conducting due diligence, searching public records, and drafting agreements to avoid disputes. If the copyright holder is unclear—due to corporate dissolution or unrecorded transfers—resolving ownership might require extensive research or even litigation, underscoring the importance of clear legal documentation in the film industry.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871936)
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Date: April 22nd, 2025 5:34 PM Author: Metal Up Your Ass
That can be a difficult question because the rights potentially get chopped up and sold off or licensed to a bunch of different parties. So, depending on what kind of use you want to make of the IP, you'd have to figure out who to strike a deal with.
And then you'll ultimately get sued by Marvin Gaye's estate.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871940) |
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Date: April 22nd, 2025 5:51 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
the artist's heirs are the real pricks in these things.
(http://www.autoadmit.com/thread.php?thread_id=5714748&forum_id=2...id.#48871978) |
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