Tags:
  1. disasterspark

    disasterspark Active Member

    Joined:
    Jul 18, 2018
    Messages:
    139
    Likes Received:
    69
    Location:
    United States

    Would I get sued for this?

    Discussion in 'Research' started by disasterspark, Oct 15, 2018.

    In my universe, a dystopian government took over the world. And in this, I'm showing a pro-government propaganda film that's a blatant ripoff of Star Wars. The trick is that it's supposed to show that all original works were altered to either be pro-government or at least neutral, though that's rare. And having rare, unedited works was a pretty heavy crime that can either result in death or a long prison sentence with the original works destroyed.

    Of course there are some changes to the plot as well. Here, Luke Skywalker and his friends are the bad guys. Their names are changed, and their appearances are altered to resemble the MCs of the series. They kidnap what's supposed to be Princess Leia like how Bowser keeps kidnapping Princess Peach, and Darth Vader (the knight in shining armor here) has to suit up, go kill Luke and his friends and rescue the princess (who is his wife here.).

    Looking at it myself. I would say it's pretty solid. But would I get sued for plagiarism by this?
     
  2. Necronox

    Necronox Contributor Contributor

    Joined:
    Sep 1, 2015
    Messages:
    724
    Likes Received:
    802
    Location:
    Canton de Neuchatel, Switzerland
    Hmmmm... not sure. Then there is local country by country variations in copyright laws... I mean copyright laws are very, very murky. You literally have lawyers who specialise in copyright...

    Could you change the names enough as not to be similar? Make it an obvious reference to the original name, but far enough as to be considered different?

    Like “Mike Groundwalker”?

    Just s thought... but honestly I do not know.
     
  3. disasterspark

    disasterspark Active Member

    Joined:
    Jul 18, 2018
    Messages:
    139
    Likes Received:
    69
    Location:
    United States
    What about Luke Starkiller? He's supposed to look very very different from the actual one, and he's also an evil, cold-blooded terrorist. Not much depth though cause it's a propaganda film.

    I also named Vader "Vaderr Von Licht" which means "Father of Light" in German. At least according to Google Translate.
     
  4. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    Disney is litigious. If it gets on their radar you might get a cease and desist. I’ve seen that a few time. You’re making social commentary here so you’d have some fair use argument in U.S., but of course if you fight Disney in court it’ll cost a lot of money. But they generally start with a letter.
     
  5. NobodySpecial

    NobodySpecial Contributor Contributor

    Joined:
    Oct 2, 2015
    Messages:
    2,075
    Likes Received:
    3,423
    Getting sued is one thing; the suit having a valid basis is another. There was one woman- we have a thread on it around here somewhere- who had tried to copyright or trademark the word cocky, and then threatened a bunch of other writers with legal action for using the word in their work. In some cases a suit may have merit, others may be a frivilous effort to get someone to pay a settlement that might be cheaper than littigation. These days you could get sued for passing gas in an elevator.
     
    Last edited: Oct 16, 2018
  6. Iain Aschendale

    Iain Aschendale Lying, dog-faced pony Marine Supporter Contributor

    Joined:
    Feb 12, 2015
    Messages:
    18,851
    Likes Received:
    35,471
    Location:
    Face down in the dirt
    Currently Reading::
    Telemachus Sneezed
    Mild spoilers:

    In the movie Iron Sky, the Lunar Nazis watch the famous "playing with the globe" scene from Chaplin's The Great Dictator and believe it's an homage to Adolf Hitler. It's not until one of them sees the full, unedited version that she realizes the Fuehrer is regarded as a monster, but this is done by simply showing her walking out of the theater in shock. Pretty sure that film is public domain, but perhaps you could use a similar technique that merely showed the reference was there?
     
  7. Iain Aschendale

    Iain Aschendale Lying, dog-faced pony Marine Supporter Contributor

    Joined:
    Feb 12, 2015
    Messages:
    18,851
    Likes Received:
    35,471
    Location:
    Face down in the dirt
    Currently Reading::
    Telemachus Sneezed
    Very true, I'd forgotten for a moment that Star Wars was Disney now. They've tried (and in some cases succeeded) to copyright and/or trademark Snow White and other fairy tales that have been in public domain for hundreds of years and sent takedown notices to parents whose youtube videos of their toddlers had Disney movies playing in the background.

    I wouldn't fuck with the Mouse.
     
  8. exweedfarmer

    exweedfarmer Banned Contributor

    Joined:
    Dec 19, 2016
    Messages:
    844
    Likes Received:
    620
    Location:
    Undecided.
    Last time I checked at least in America, a Parody was considered an independent work.
     
  9. Iain Aschendale

    Iain Aschendale Lying, dog-faced pony Marine Supporter Contributor

    Joined:
    Feb 12, 2015
    Messages:
    18,851
    Likes Received:
    35,471
    Location:
    Face down in the dirt
    Currently Reading::
    Telemachus Sneezed
    But OP isn't discussing doing a parody like Spaceballs, but rather referencing and perverting Star Wars within their story for nefarious purposes. That's not fair use for critique, and I don't see that it's parody either. It still might be okay, but, well, Disney.....
     
    Linz and Necronox like this.
  10. Necronox

    Necronox Contributor Contributor

    Joined:
    Sep 1, 2015
    Messages:
    724
    Likes Received:
    802
    Location:
    Canton de Neuchatel, Switzerland
    I do not think that he's proposed use falls within fair use. I see a lot of people through my work misunderstand what fair use is or claim that their work is fair use simply so it gives them an easy way out of copyright. Don't be the same. At best your option is to contact dysney or the rights holder and ask them directly if you can use their work.


    You could also simply use works whose copyright has expired. Plenty of works that fall under this category
     
    Linz likes this.
  11. LastMindToSanity

    LastMindToSanity Contributor Contributor

    Joined:
    Feb 8, 2018
    Messages:
    753
    Likes Received:
    382
    Well, no, and there's a couple of reasons why it should be fine.

    First, what you described isn't Star Wars. It just isn't. It's a different movie, with different characters and character roles. For example, A New Hope was about a group of rebels who rescue a princess. You're thing is about a man trying to save his wife from kidnappers. Even if you use the same universe, all that amounts to is fanfiction within the world of your story.

    Second. Okay, this one is kind of up in the air. I'm assuming that this thing isn't a big part of the book, but more like window-dressing to show to the audience what kind of government your characters are up against. If this is just a tiny part of a larger story, than it's fine. You can be accused of writing a Star Wars ripoff in a part of your book (Which I highly doubt will happen because of point one), but you can't be accused to publishing a re-skinned version of Star Wars, because that thing isn't your book. It's just a part of it. That's like trying to sue youtubers who make Star Wars-based skits in their videos.

    Third point. This kind of piggybacks off of the first one, while also responding to Iain. Disaster, you call your thing a "blatant ripoff." Those are fine. Ripoffs aren't reproducing the product. Parodies are ripoffs, and they're fine. Parodies take an existing story, slightly change the characters, plot, and laws of that story in order to make something that they can make fun of without being sued into the ground. That's just what this guy's thing is. It's a serious parody of Star Wars.


    However, if you're worried. Call a lawyer or two. I don't think you'll need it, but it's a good way to ensure your innocence.
     
    jannert and Linz like this.
  12. ChickenFreak

    ChickenFreak Contributor Contributor

    Joined:
    Mar 9, 2010
    Messages:
    15,262
    Likes Received:
    13,084
    I'm unclear on how this would be presented. If this is a book, obviously it won't include the movie, but a discussion of the movie. Do you plan to offer a plot summary, or a large quantity of actual dialogue that originated with the movie, or...?
     
  13. Privateer

    Privateer Senior Member

    Joined:
    Dec 14, 2017
    Messages:
    293
    Likes Received:
    483
    It's not plagiarism, as it's an oblique reference to an existing work not an attempt to pass off a copy of that work as your own.
     
  14. jannert

    jannert Retired Mod Supporter Contributor

    Joined:
    Mar 7, 2013
    Messages:
    17,674
    Likes Received:
    19,889
    Location:
    Scotland
    Do you actually reference the real movie Star Wars? I would say if you don't, you're probably okay, as long as you don't make the names too obvious. Anybody who is familiar with Star Wars will be able to follow what you're doing, but I really don't see if you change the names and the way the story progresses, that you would have any problem. But I would echo what others have said, and check out the legality and extent of this, if you're concerned. Terry Pratchett gets away with this kind of thing, though. He snaffled lots from Phantom of the Opera, for example, and suffered no ill effects.
     
  15. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    You don’t seem to understand fair use. Maybe you can elaborate.
     
  16. Necronox

    Necronox Contributor Contributor

    Joined:
    Sep 1, 2015
    Messages:
    724
    Likes Received:
    802
    Location:
    Canton de Neuchatel, Switzerland
    I will more elaborate tomorrow. Right now I need to sleep (it is 2am in Australia). But in short a lot of people seem to use fair right as an excuse (not saying the OP is. Saying that it distorts the image) . I would simply say that fair right is a lot more restrictive as to what is often/commonly thought in terms of what it means/what it is used for... Or at least it that is what I see.
     
  17. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    Oh—you’re in Australia. Sorry, I’m only thinking of U.S. law on the subject. I’m not as familiar with fair use in Australia but there are likely some significant differences. One problem in the U.S. is you can rarely be certain something is fair use until you’ve gone through trial and either won or lost.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice