Discussion:
What is the name of your state?CA
Can anyone tell me, how can you tell if you have merrit for copyright infringement when it comes to film(movies)?
For instance,
1. What if their film had scenes and situation the same as my short film?
2. How many scenes in their movie has to copied from my movie to have merrit?
3. I produced my film four years ago but did not copyright it(although it is inticated in the end credits), is it too late to copyright it before their film is out in summer of 2006?
Thanks in advance...
Answer:
If you register your copyright within 5 years, you will have better protections against copyright infringement (or rather it will be easier to win judgments).
The similarity of the two films will be a matter of interpretation for the judge/jury. Copyright cases of this kind will revolve around
1) how similar the work is
2) whether you own the original copyright
3) whether they were aware of and had access to your work to copy from
4) whether the similarities are meaningful (e.g. "Hey! you copied my car design because your car has 4 wheels and a steering wheel on the left!")
Answer:
What is the name of your state?CA
Can anyone tell me, how can you tell if you have merrit for copyright infringement when it comes to film(movies)?
For instance,
1. What if their film had scenes and situation the same as my short film?
2. How many scenes in their movie has to copied from my movie to have merrit?
3. I produced my film four years ago but did not copyright it(although it is inticated in the end credits), is it too late to copyright it before their film is out in summer of 2006?
Thanks in advance... It's never too late to copyright your work, but since the infringement apparently took place prior to your registration, you will not be able to sue for statutory damages, only your actual damages and injunctive relief.