Does Machinima infringe copyright, really? Will you be sued? And other questions with UK IP expert Simon Bradshaw

21
Jul
54
nomad

It’s time for another Machinima for Dummies podcast, and this one’s focussing on that perennial bugbear of the Machinima creator, The Law.

For once, we’re talking mostly about UK rather than US law, but there’s lots of bits and pieces of interest for everyone in this podcast, which is with Simon Bradshaw, one of the guys who supports the Open Rights Group with legal analysis and and an English barrister specialising in Intellectual Property Law.

You should listen to this if:

  • You want to know under what circumstances you might get sued for your Machinima - it’s not just about what IP law says.
  • You’d like ideas on how to make arrangements with games companies to make cool Machinima, and when to do so.
  • You want to know if making Machinima is actually illegal, and the complexities of copyright law as it relates to Machinima in the UK.
  • You want to know if you can make money with Machinima in the UK, and what’s standing in the way of that.
  • You want to know what to do if a Cease and Desist letter arrives on your door.

Listen to the podcast here and let us know what you think! If you’ve got any other questions, stick ‘em in the comments too.

Comments

Leave a response

  1. Avatar Phil Rice said about 2 hours later:

    An excellent podcast, Simon was a great guest. Really jam-packed with good info, bravo.

  2. Avatar Phil Rice said about 2 hours later:

    Question: If one were to look for legal rep, should they look for a Copyright Lawyer or an Entertainment Lawyer or something else? (for this thing of ours)

  3. Avatar Hugh "Nomad" Hancock said about 2 hours later:

    This question’s really one for Simon, but for what it’s worth, my lawyers (Tods Murray in Edinburgh) describe themselves as having an “IT/IP/Media” specialisation, and are known as the top entertainment lawyers in Scotland (it’s not that huge a field, to be fair).

    I’d say you want a lawyer who has expertise in both areas, plus an understanding of cyberlaw if possible. Most entertainment lawyers are likely to have a fair understanding of IP and contract law, I suspect, as both are huge parts of the field. Whether they understand the Interwebs may be trickier.

  4. Avatar Pooky Amsterdam said about 6 hours later:

    And whether the courts understand the Metaverse is even tricker. Thank you, great service you render us.

  5. Avatar Matt Kelland said about 14 hours later:

    If you’re in the UK, let me strongly recommend Vincent Scheurer of Sarassin. He’s an IP lawyer who’s specialised in the games industry for over a decade, and has worked with us at Moviestorm on some of the legal issues pertaining to machinima. He is also a thoroughly nice guy as well.

  6. Avatar Simon Bradshaw said about 17 hours later:

    Phil @ 2: Intellectual Property and Media law shade into one another; at one end there’s ‘Hard IP’ such as patent law, and at the other there are legal areas such as libel and privacy. In between you get ‘Soft IP’ such as copyright, together with allied areas such as confidentiality and the contractual aspects of licensing.

    Other than those law firms that specialise at one or other end of this range, you’ll probably find enough expertise to cover what you want. As Hugh says, though, familiarity with Internet law is an advantage - but most lawyers in this area will have at least some degree of that.

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