02-10-2012, 05:29 AM
(02-09-2012, 03:32 PM)gagex2z Wrote: [quote='Kedric' pid='423753' dateline='1328159382']
However, fair use does not cover this. It's neither non proft so the balance isn't tipped in favor by that, or for the purpose of criticism or education purposes. You're saying you want to do a web series for entertainment.
Gagex2z,
You would be on board for something like this? That’s great because it’s not illegal!
First, even if it was illegal, I (as the producer) would get in trouble – not you.
There are five reasons why I know your perspective is wrong. (1) I spent a great deal of time doing research over the course of multiple weeks. (2) I can tell you did not. (3) PikaParody Studios has a professional full time film director working with us that has graduated MA from school and has taken classes (and taught classes) on legal issues in film and copyright. (4) There are legal experts employed at Machinima. (5) My thorough research, a professional film director, and legal experts at Machinima ALL agree.
The error in your assumption (that it is only fair use if it’s not for profit) is common. Our full-time director was a TA and graded tests for numerous students. Many of them got this particular copyright question wrong. It's like people think it’s "fair use" as long as you don't profit from it. He graded 95 mid-terms over two semesters and he’d say 90% of them the 1st semester said it's fair use if you're not doing it to make money. The next semester they had to begin teaching it differently to make sure people got it. Fair use is not as simple as “no profit.” In fact, that’s silly.
If you still doubt it, I challenge you to do at least one hour of research on copyright, fair use, and parody (I did about 15 hours of research). The answers are not hard to find.
With that said, if Squaresoft did have a problem with Monty Oum, they would not do anything. First, like I said before, it was not a parody. Second, it would be far too expensive for them to sue him (even if they won). Third, he is making money off of it (It’s on GameTrailers and is making money right now).
Squaresoft is THE most copyright protective company. If Squaresoft did want to try to sue me, (1) you as the animator would be fine and would still receive pay, (2) THEY WOULD LOSE, and (3) would spend more money suing me than they would get from me. Besides, they know they would lose so they won’t do it.
With all that said, I look forward to you contacting me. My email is [email protected]. I will be gone for the weekend so email is the only way to get ahold of me. PikaParody Studios, I believe, will be the next Rooster Teeth (perhaps bigger). If you are open to the idea of making lots of money doing what you love and perhaps even in the future working full time doing so in an office – contact me.
-Kedric