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#1 2008-08-05 7:56 pm

Denali
Chuck Baldwin McCain OR John McCain for hope
From: Mile High, CO
Registered: 2005-06-29
Posts: 1080
Website

Need legal opinion

Yes opinion.  Not advice, just a  "what I would do in your shoes" statement. 

I had considered putting on a play over the internet (long story how) and anyone could see it for free (with the correct software)  It would be live actors volunteering their time.  We are not charging admission.  Everything is free, even the theater space is free.  Do I still need permission from the publisher or author to put on this play?  I could understand a yes if I were making money, but we're not.

If the above = yes then
Anyone know if "The Odd Couple" would still need a thumbs up?

Thanks guys

The above software needed would be called Second Life.  A program allowing you to create an avatar and interact with other avatars in a real world enviroment

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#2 2008-08-05 8:02 pm

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9708
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Re: Need legal opinion

Unless the play is in the public domain, you need permission.

The Odd Couple is not in the public domain.

IANAL, but I'm right.

Last edited by Daniel (2008-08-05 8:02 pm)


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#3 2008-08-05 8:19 pm

mo' ron
PS3 4 EVA
From: NC, USA
Registered: 2002-10-15
Posts: 14253

Re: Need legal opinion

You probably could do it anyway and get away with it, but i'd guess Dan is right.


What is the difference between Vista and OSX?
- Microsoft employees are excited about OSX.

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#4 2008-08-05 8:27 pm

justine
Elitist Beer Lover
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From: Sac'to
Registered: 1999-12-23
Posts: 28764
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Re: Need legal opinion

You have to be really careful what you do. There was a PA woman that got in trouble with universal for posting a vid of her kid dancing to a Prince song.


By the way, copyright infringement has nothing to do with making money, afaik. Just read the warning at the beginning of every dvd.

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#5 2008-08-05 8:28 pm

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4452
Website

Re: Need legal opinion

You absolutely need permission and to pay royalties.  Look in any script and it will tell you in no uncertain terms what your financial obligation will be.

Don't try doing this without it!  You'll get nailed.


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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#6 2008-08-06 9:21 am

Denali
Chuck Baldwin McCain OR John McCain for hope
From: Mile High, CO
Registered: 2005-06-29
Posts: 1080
Website

Re: Need legal opinion

Thank you guys.  Not what I wanted to hear of course, but guess I needed that.  I will search for a play on public domain lists

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#7 2008-08-06 10:15 am

Pithecanthropus
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From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4452
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Re: Need legal opinion

Or write one yourself!  big_smile


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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#8 2008-08-06 12:26 pm

sturner
Royal High Poobah
Moderator
From: Carrollton, TX USA
Registered: 2000-01-31
Posts: 13816

Re: Need legal opinion

Go to your local college drama department, or english, or creative writing department. You will likely be able to find several budding playwrights who want to get on the boards and get some visibility.


I'm not dead yet.
There are 3 types of people, those who can count and those who can't.
"There are few things graven in stone, excepting your date of death."

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#9 2008-08-06 1:24 pm

mrreet2001
Member
From: NW Ohio
Registered: 2005-05-25
Posts: 4335
Website

Re: Need legal opinion

justine wrote:

By the way, copyright infringement has nothing to do with making money

It is really the complete opposite. Copyrights are there to protect the owner from losing money. If you give something away (ie free ie your not making money) you are still preventing the copyright owner from making money. big_smile


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#10 2008-08-06 2:14 pm

D'Eyncourt
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Registered: 2001-12-27
Posts: 8808
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Re: Need legal opinion

justine wrote:

You have to be really careful what you do. There was a PA woman that got in trouble with universal for posting a vid of her kid dancing to a Prince song.
[snip]

True, but Universal had its collective ass handed back to them by that same woman who successfully defended her case (with help from the Electronic Freedom Foundation) as a case of fair use. She is now suing Universal for unspecified damages for abusing the DMCA and her video is back on YouTube.


BOYCOTT SONY

"I think the question now is not whether you went to Vietnam or whether you didn't, whether you fought in the war or fought against the war. I think the only question is whether we can find a president smart enough never to make a mistake like that again"--Molly Ivins, way back in 1992

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#11 2008-08-06 2:31 pm

Chickenhawk
Snark Snark Snark Snark
From: Being Snarky
Registered: 2005-06-01
Posts: 5821

Re: Need legal opinion

mrreet2001 wrote:

justine wrote:

By the way, copyright infringement has nothing to do with making money

It is really the complete opposite. Copyrights are there to protect the owner from losing money. If you give something away (ie free ie your not making money) you are still preventing the copyright owner from making money. big_smile

They are there to prevent people from profiting off somebody else's work. The interpretation of the laws taken by the MPAA and RIAA are not necessarily the correct one.


The recent medical controversy over whether vaccinations cause autism reveals a habit of human cognition—thinking anecdotally comes naturally, whereas thinking scientifically does not. -- Michael Shermer

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#12 2008-08-06 2:50 pm

Denali
Chuck Baldwin McCain OR John McCain for hope
From: Mile High, CO
Registered: 2005-06-29
Posts: 1080
Website

Re: Need legal opinion

Wondering why "The Odd Couple" isn't public domain I thought there was like a 20 year limit on most stuff. (actually told that by someone want to get the facts straight)

I did find one site that has some public domain plays but if anyone has a list I would appreciate it.

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#13 2008-08-06 2:56 pm

Warin
Maple Leaf Wag
From: Canada
Registered: 2003-09-21
Posts: 2431

Re: Need legal opinion

Thanks to Disney, almost nothing will ever really hit the public domain, unless the original author or their estate releases it into the public domain.  Every time a certain Mouse is about to hit the public domain.. lo and behold... there is an extension on copyright made by legislators.


From what I can tell, either way, you're screwed. Bad people are punished by society's laws, and good people are punished by Murphy's Law.
-- George, Dead Like Me

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#14 2008-08-06 3:14 pm

sturner
Royal High Poobah
Moderator
From: Carrollton, TX USA
Registered: 2000-01-31
Posts: 13816

Re: Need legal opinion

Long live the Mouse!


I'm not dead yet.
There are 3 types of people, those who can count and those who can't.
"There are few things graven in stone, excepting your date of death."

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#15 2008-08-06 3:17 pm

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4452
Website

Re: Need legal opinion

Denali wrote:

Wondering why "The Odd Couple" isn't public domain I thought there was like a 20 year limit on most stuff. (actually told that by someone want to get the facts straight)

I did find one site that has some public domain plays but if anyone has a list I would appreciate it.

That's not the way the law works.  Neil Simon is still very much alive and none of his works will become Public Domain until at least 70 years after his death.

Have you looked at the classics?  Ancient Greek?  Shakespeare?  Things like that would certainly be in the public domain.


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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#16 2008-08-06 3:18 pm

sturner
Royal High Poobah
Moderator
From: Carrollton, TX USA
Registered: 2000-01-31
Posts: 13816

Re: Need legal opinion

Lots of classical work that is available, it can also be adjusted for modern audiences.


I'm not dead yet.
There are 3 types of people, those who can count and those who can't.
"There are few things graven in stone, excepting your date of death."

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#17 2008-08-06 4:10 pm

CrashingtehWarehouse
Dismember
From: The Frozen Tundra
Registered: 2006-08-11
Posts: 1134

Re: Need legal opinion

Pithecanthropus wrote:

Denali wrote:

Wondering why "The Odd Couple" isn't public domain I thought there was like a 20 year limit on most stuff. (actually told that by someone want to get the facts straight)

I did find one site that has some public domain plays but if anyone has a list I would appreciate it.

That's not the way the law works.  Neil Simon is still very much alive and none of his works will become Public Domain until at least 70 years after his death.

Yup.  And iirc, if the rights are given to his family, they can continue to extend copyrights.


Alright, now, who wants to be transistorized?

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#18 2008-08-06 9:07 pm

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4452
Website

Re: Need legal opinion

CrashingtehWarehouse wrote:

Pithecanthropus wrote:

That's not the way the law works.  Neil Simon is still very much alive and none of his works will become Public Domain until at least 70 years after his death.

Yup.  And iirc, if the rights are given to his family, they can continue to extend copyrights.

Indeed and there's no way in hell they'd ever give up a cash cow like the Odd Couple.


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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#19 2008-08-06 11:18 pm

toadkiller
Member
From: Oregon
Registered: 2002-09-26
Posts: 720
Website

Re: Need legal opinion

Ask permission - you may not have to pay.   The royalties are dependent upon the money you're making and change from house to publishing house and (probably) work to work.

The advice above about just finding someone to write you something is probably best.   We did that when I lived in Iceland worked very well.   Besides anyone who wants to have seen The Odd Couple already has, probably more than once.


--TK
"Oh popcorn, you won't laugh at me!"
"Bill Gates" The Daily Show 1/30/07

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#20 2008-08-07 12:05 am

Tetrachloride
❖ ❖ ❖
Registered: 2001-01-29
Posts: 7150

Re: Need legal opinion

In order to sue you, they have to catch you !        twisted

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#21 2008-08-07 8:36 am

mrreet2001
Member
From: NW Ohio
Registered: 2005-05-25
Posts: 4335
Website

Re: Need legal opinion

Chickenhawk wrote:

mrreet2001 wrote:

justine wrote:

By the way, copyright infringement has nothing to do with making money

It is really the complete opposite. Copyrights are there to protect the owner from losing money. If you give something away (ie free ie your not making money) you are still preventing the copyright owner from making money. big_smile

They are there to prevent people from profiting off somebody else's work. The interpretation of the laws taken by the MPAA and RIAA are not necessarily the correct one.

Cool I didn't know that. I think I am going to go hand out a few hundred copies of leopard on the street corner. roll But it's OK because I am not making any money. Heck I am losing money. Maybe I should sue apple because their product is making me lose money.


2.66Ghz QuadCore-Nehalem w/24"LED CD ---2.2Ghz BlackMB---15" 2.4Ghz MBP(work)
Dual 2.3Ghz G5 (4G Ram, 2x 250G HD)(10.5 server)--- 400Mhz G4 PM (10.4 Server)
1.5GHz Powerbook---1.6Ghz G5 iMac
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#22 2008-08-07 9:36 am

justine
Elitist Beer Lover
Moderator
From: Sac'to
Registered: 1999-12-23
Posts: 28764
Website

Re: Need legal opinion

Ok, if copyright laws are all about profit, what's the FBI/Interpol warning all about at the beginning of every dvd?

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#23 2008-08-07 9:48 am

Alien
Forum Czar
Administrator
From: Republic of Amsterdam
Registered: 1999-07-05
Posts: 16943
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Re: Need legal opinion


http://macstack.net/forums/images/smilies/lol.gif

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#24 2008-08-07 10:29 am

sturner
Royal High Poobah
Moderator
From: Carrollton, TX USA
Registered: 2000-01-31
Posts: 13816

Re: Need legal opinion

A stating of the law.


I'm not dead yet.
There are 3 types of people, those who can count and those who can't.
"There are few things graven in stone, excepting your date of death."

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#25 2008-08-07 10:39 am

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4452
Website

Re: Need legal opinion

It's not about profit.  You could mount a play that no one came to and you'd still owe royalties.  You could mount a play where all the proceeds were going to cure cancer and you'd still have to pay royalties.

It's not making a profit that matters.


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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