If your ensemble is under the influence of some hallucinogens and they start seeing Disney characters, is this an IP issue? If so, any advice on how to circumvent this? i.e. referring to them as say a "cartoon duck similar to Donald Duck"...or a "Belle" look alike.
Screenwriting : IP Question by Sam Cochran
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Hey, Sam Cochran. You could also post this in the Producing Lounge (www.stage32.com/lounge/producing). Some producers might know the answer.
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I would keep it a BIT vaguer, and saying "a recognizable cartoon duck" or a "classic Disney princess." And then it's only a legal issue depending on how it looks when it's designed, but in terms of selling the script. I would also check out the script for BOOKSMART. There's a scene where the protagonists see themselves as Barbie dolls - I bet the script outright says Barbie, but what's on screen is not a Barbie doll. Hope this helps!
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Thanks Emily and Maurice!
You're welcome, Sam.
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Don't matter if it is a spec. Name the Disney characters. You want reads, eyeballs. Salary Readers & decision makers read a lot of material, so you need to stand out.
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That's really a legal issue. My understanding is, as long as they are not the characters under copyright, they can be similar.
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Yes, using Disney characters (or obvious knockoffs of Disney characters) is a potential copyright and trademark issue (two types of IP). In other words, their images AND their names likely have legal protection. Does that mean they can’t be used without a license? Not necessarily. It depends on how they’re used.
The script for BOOKSMART by Emily Halpern and Sarah Haskins doesn’t refer to “Barbie.” But there’s no infringement of IP rights in the action it describes below, which includes another well-known doll:
“The room looks like it was frozen in time for a younger girl. The headboards are wicker. There are shelves of books, posters about reading, and three American Girl dolls neatly set up in a schoolroom situation.”
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I would take the opportunity to make then my own characters. Have you seen “duck man”? It is a great cartoon with a Daffy Duck and Porky Pig type characters.
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All I know is “Disney is very litigious.” To circumvent that, just make a fun character that may resembles the original idea
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One more thing, try to keep the idea there but make in different enough to stay away from a cease & desist
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"Don't say Disney" :)
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Thank you all for the feedback.