How do you get permission to copy for commerical use?

[Roy]

A friend of mine wants to copy/create something from a popular BBC UK Programme. Some stuff that was used in the programme, he wants to make and resell. I am guessing these stuff would either be; Copyrighted, Trademarked or Patented. But how does he figure out, what needs to have permission and what doesn't? Also how does he go about asking for licensing permission for commercial use.

[cabalamat]

A friend of mine wants to copy/create something from a popular BBC UK Programme. Some stuff that was used in the programme, he wants to make and resell. I am guessing these stuff would either be; Copyrighted, Trademarked or Patented. But how does he figure out, what needs to have permission and what doesn't? Also how does he go about asking for licensing permission for commercial use.

Anything from a BBC TV program is likely to be copyright the BBC. Patents aren't an issue. Tradmarks probably are, e.g. the BBC have no doubt trademarked their name and their logo is probably a registered design.

If you want to use stuff in a BBC program, you'd have to contact the BBC.

[Roy]

A friend of mine wants to copy/create something from a popular BBC UK Programme. Some stuff that was used in the programme, he wants to make and resell. I am guessing these stuff would either be; Copyrighted, Trademarked or Patented. But how does he figure out, what needs to have permission and what doesn't? Also how does he go about asking for licensing permission for commercial use.

Anything from a BBC TV program is likely to be copyright the BBC. Patents aren't an issue. Tradmarks probably are, e.g. the BBC have no doubt trademarked their name and their logo is probably a registered design.

If you want to use stuff in a BBC program, you'd have to contact the BBC.

Thanks for the reply. But the reason I was thinking about Patents is, because he wants to copy and make figures based on the people and creatures from the programme. As well as some of the stuff they was wearing he wants to recreate. So the reason I was thinking about Patents is because these people and creatures are a big part of the programme. As for contacting the BBC do you know a good place to start, because I have searched there website and Google and there's no more information about this?

Here is an example... If we was talking about Batman (it's just an example) and he copied/made the Batman car from the film and resold it.. that is infringement, right? Because the film makers would have Patented that Batman car? Or would copyright on it's own already cover it? Or maybe they would have trademarked that car name and design?

[aramoro]

He needs to contact the BBC but I'm afraid he is pretty much outta luck on that one. The BBC won't allow you to use their IP to sell goods. If you inform them they're happy to let you use it for non-commercial means, but selling is a no no.

[Duke]

Thanks for the reply. But the reason I was thinking about Patents is, because he wants to copy and make figures based on the people and creatures from the programme. As well as some of the stuff they was wearing he wants to recreate.

That's not patents, but design right territory, which is a big mess that I know far too little about. Patents are to do with inventions and ways of doing stuff (see here for more info), design rights are to do with 3d objects rather than copyright which deals with 2d stuff, or artistic stuff) - there's a bit of a messy area between the two and how they interact; and there's a case before the Supreme Court at the moment looking into that (involving Stormtrooper helmets).

Here is an example... If we was talking about Batman (it's just an example) and he copied/made the Batman car from the film and resold it.. that is infringement, right? Because the film makers would have Patented that Batman car? Or would copyright on it's own already cover it? Or maybe they would have trademarked that car name and design?

The film is covered by copyright.
The car may be covered by an unregistered design right.
If the car counts as a "sculpture", it will be covered by copyright.
Some of the technical elements may be covered by patents; but patents need to be registered, and cover only the process, not the shape.

If you could get plans for the car, (and it was held not to be artistic), then I think he would be able to make and sell replicas based on the s51 defence. That's partly what the Stormtrooper case is about - whether the armour is an artistic sculpture, or functional.

There may be registered trademarks on things like Batman and Batmobile; and various symbols (so he might not be able to put logos on the car - some details here). Unregistered trademarks are unlikely to be an issue unless he passed his thingamy off as an official one.

Now, even if the thing he wants to make is covered by copyright, design rights, patents and trademarks, that doesn't mean any use would be unlawful - with all of these there are defences and limitations (including duration; copyright and the other thingamies can last as little as 25 years, up to ... well, indefinitely) so there might be a way out there.

As for the commercial use; all that really does is transfer it from a civil infringement to a criminal offence (i.e. if he does it non-commercially he can be sued, if commercially, he can be sued *and* arrested). Unless there's a defence or limitation (or the stuff isn't covered) he will need a licence of some kind. In which case, he has to work out who the copyright/design right/trademark/patent owner is, and beg.

If you're still not completely confused, there are then issues with jurisdictions; but that should be fairly straightforward with the BBC - would be far more complicated with the Batman stuff.

[I probably should have "I am not a lawyer, this is not legal advice" in my signature these days...]

[lhsi]

Thanks for the reply. But the reason I was thinking about Patents is, because he wants to copy and make figures based on the people and creatures from the programme. As well as some of the stuff they was wearing he wants to recreate.

You are definatly going to need to check this, but I believe that clothing designs (and recipes) cannot be covered by copyright. Trademarks can, however (e.g. a logo on some clothing). I wouldn't have thought this would apply to non-clothing designs, however.

[scuzzmonkey]

I'm gonna go out on a limb here and guess that the programme your friend wants to make things from is Doctor Who and/or Torchwood - and in that case, the BBC (not to mention all the companies that already create merch) will have all the appropriate licenses, and restrictions in place.

<THIS IS NOT LEGAL ADVISE>
but if the scale you are looking at is, i dunno, a few knitted daleks for a village faire, i doubt they'd do anything as it would just look bad on them (but if I am reading Duke correctly, they would be more than within their right to, and quite possibly would have to so they are seen as "actively defending their IP") - if it was some full-on, commercial operation, then yes....you'll get bent over the bar.
</THIS IS NOT LEGAL ADVISE>

[Duke]

Gah, you mentioned Daleks... they may be "owned" (in as much as anything can be owned, possibly copyright?) by the estate of Terry Nation and the BBC (which is why Terry Nation is credited at the end of all the relevant episodes), but I have no idea if there is actually any law behind that, or people just assume that there are "intellectual property rights" at play (and there's a healthy debate on the Wikipedia talk page).

In many of these cases, I have a strong feeling there's more licensing, threatening and settling than there's a legal basis for. But that's IP law(yers) for you - far, far too complicated, and far too few cases end up in court.

As it happens, I vaguely recall an incident with Dalek knitting patterns and legal threats...

[Roy]

I'm gonna go out on a limb here and guess that the programme your friend wants to make things from is Doctor Who and/or Torchwood - and in that case, the BBC (not to mention all the companies that already create merch) will have all the appropriate licenses, and restrictions in place.

<THIS IS NOT LEGAL ADVISE>
but if the scale you are looking at is, i dunno, a few knitted daleks for a village faire, i doubt they'd do anything as it would just look bad on them (but if I am reading Duke correctly, they would be more than within their right to, and quite possibly would have to so they are seen as "actively defending their IP") - if it was some full-on, commercial operation, then yes....you'll get bent over the bar.
</THIS IS NOT LEGAL ADVISE>

Yes you guessed right! Thanks all for your replies been very helpful!

[aramoro]

I'm gonna go out on a limb here and guess that the programme your friend wants to make things from is Doctor Who and/or Torchwood - and in that case, the BBC (not to mention all the companies that already create merch) will have all the appropriate licenses, and restrictions in place.

<THIS IS NOT LEGAL ADVISE>
but if the scale you are looking at is, i dunno, a few knitted daleks for a village faire, i doubt they'd do anything as it would just look bad on them (but if I am reading Duke correctly, they would be more than within their right to, and quite possibly would have to so they are seen as "actively defending their IP") - if it was some full-on, commercial operation, then yes....you'll get bent over the bar.
</THIS IS NOT LEGAL ADVISE>

Unless it's a Knitted Fat monster http://entertainment.timesonline.co.uk/ ... 926859.ece

The BBC did back down in the end as she was giving them away.

[AndrewTindall]

Gah, you mentioned Daleks... they may be "owned" (in as much as anything can be owned, possibly copyright?) by the estate of Terry Nation and the BBC (which is why Terry Nation is credited at the end of all the relevant episodes), but I have no idea if there is actually any law behind that, or people just assume that there are "intellectual property rights" at play (and there's a healthy debate on the Wikipedia talk page).

In many of these cases, I have a strong feeling there's more licensing, threatening and settling than there's a legal basis for. But that's IP law(yers) for you - far, far too complicated, and far too few cases end up in court.

As it happens, I vaguely recall an incident with Dalek knitting patterns and legal threats...

there was also the Dalek KitKat advert which resulted in legal action from the BBC, if I recall correctly.

[aswin]

hi thanks for your information i am new to this forum

[Duke]

For those who haven't seen it, the Supreme Court has given its judgment in the Stormtrooper case I mentioned above. There's some stuff on it in this thread but it seems that in the UK, film and TV props and costumes (including daleks) may be only covered by design rights, lasting 15 years. This does not, however, cover buildings or architectural stuff, nor any fine detail on props/costumes (such as logos) that may be protected by copyright.

[azrael]

Darlike knitted patterns are a go?

[Duke]

Not Fischer-Price Daleks, and it would be easier with cybermen, but I'd happily argue for Dalek knitting patterns in court.