Tuesday, November 08, 2005

Question of the Day

And now for the Question of the Day.

"Since the writer of this piece is also a lawyer [ahem], I would also want them to tell me what right they have to use the name, "General Hospital"? And can they pretend that they are showing scenes from it legally."

Hmmm.

I don't practice copyright law. Although I play a copyright lawyer on tv.

Kidding.

Seriously, it's an important professional attribute to be a lawyer and avoid dispensing advice in a field you're not trained in. Ethically, it's mandated.

That's a cleverly camoflaged way of saying, "I honestly have no idea."

Many years ago, out of idle curiousity (something I seem to have in abundance), I did do some research on copyright law and I can say this with some certainty: Shows can use anything from the mainstream media once.

You'll notice that when the Purple Porn Light of Sex is turned on on General Hospital (which is not nearly enough, in my opinion), the afternoon airing will use a popular pop song to, er, augment the goings on.

When you watch the repeat on Soapnet at 10pm, however, a different song (usually much more obscure) is used.

It's my understanding that this attention to detail is not done because TPTB want us to be entertained but because they don't want to be sued for overstaying their welcome.

One time and one time only do they get to use that particular pop song.

Also, there is a "fair use" doctrine which does permit the use of someone else's ideas or creations if they are sufficiently in the public domain. Ie, I can say "beam me up" and not get sued by Star Trek.

Tread softly in this realm, though. I'm convinced the only reason the fan fiction writers don't get sued is because a) such litigation would cost more than the production companies would reap, and b) fan fic is, in some ways, good advertising and a good source of demographic information.

For all I know, TPTB may view fanfic as a necessary evil.

What I have just written above is NOT legal advice and it is written entirely as a layperson.

My lawyering is confined to a very small, boutique practice that has nothing what-so-ever to do with entertainment or copyright law.

If you really want advice on those topics involving US law, I recommend a US State Bar Association's directory. They are there to help. :-)

Now, I must go take a Vicodin and get to work on those Spencer/Cassedine family trees. Hopefully they will be less confusing than the Quartermaine/Corinthos ones.

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