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  • Using Copywrited Material in a Haunted House

    Does anyone know if its possible to use Freddy K. and the Jigsaw's Puppet, Billy (in Saw) in my haunts? Is this covered in the fair use rule? I have a great mask and props of each of these but i'm wondering if i need permission to use these from the makers?

    ~Natethegreat
    www.Fearoverload.com

  • #2
    In one word...YES!

    Think of it this way, if it's been in a book, magazine or movie it's copyrighted!
    Sure you can put it in your haunt, and some people do. However, the movie production company, writer, director and probably a list of others has to right to sue you for infringement and they will win, period.

    I have NEVER used a licensed character and feel haunts shouldn't for two reasons...

    First with the exception of a very limited few, you wil never do justice to the on screen images. They have thousands of dollars t create that scenec, you have hundreds. Anyone seeing it a haunt will make comments like, "that doesn't look anything like the movie".

    Second, it's just as easy to create your own unique characters and story lines. This way it's more creative, original and you don't have to worry about anyone permission. Your audience also gets a new and unique experience that they can ONLY get at your attraction.

    IF they want to see Freddy, go to a movie or rent the video. But if you want to see the story what happened to Mortimer and Dr. Vander at Meadview Asylum...you'll have to go to my haunt!

    Besides you can have fun with it! We had the Asylum and wanted a second attraction. So I wrote a whole story tying the two attractions together with a common thread. So now I have people go to the Asylum and then want to go to Hotel Fear to see the rest of the story!

    Just go to the web site http://www.lasvegashaunts.com/
    Click on either the Asylum or Hotel Fear
    On the top of each of the pages you see an icon "Listen to the story of the Asylum (or Hotel Fear)" I had a voice actor record the story of each.

    Sure it took a little longer than throwing a freddy mask on someone, but the results are worth the effort.
    R&J Productions
    Las Vegas, NV
    www.LasVegasHaunts.com

    Comment


    • #3
      Market vs. Use?

      I think there are also factors that play into like are you trying to market your haunt as "Freddy vs. Jason" or "Saw"?

      For example, the guy who did the haunted attraction based after the Saw movie franchise recreated the attraction based after the films and used characters and traps from the movies. It was marketed AS the Saw attraction and he obtained permission from Lions Gate and was licensed the use of materials for his haunt.

      If you are just using a store bought mask for one of your characters to do a quick pop out scare or something of that nature, it is still not yours to use without permission to make a profit from, however, a lot of lower budget haunts do it regardless.

      Same rules apply for music and the sort, so the best rule of thumb is: GO ORIGINAL OR GET A LICENSE.
      O'Shawn McClendon
      Creative Chair -- Operator: Cayce-West Columbia Hall of Horrors

      One mans junk is another mans kick-ass new prop...

      http://www.hallofhorrors.com

      http://twitter.com/hallofhorrors

      http://cwchallofhorrors.blogspot.com

      http://www.youtube.com/hallofhorrors

      http://www.myspace.com/cwcjc_hallofhorrors

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      • #4
        Nate,

        I had never even heard of the "Fair Use Rule" and thought it sounded like an urban legend. Turns out there is such a thing but your use would be far from fair and would be illegal.

        Using a character others have spent millions to make popular so you can make money from it is not fair. That's the way the creators and the courts would see it.

        This same subject has been brought up many times, and some have said they just did it, assuming the studios would never seek them out. But just the other day there was some news about the recording industry going after those who are stealing music. So you never know.

        Shawn

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        • #5
          I agree with Rich 110%... If I see a haunt using "movie characters", I instantly want a refund because to me it's the biggest lack of creativity you could ever see. ANYONE can go get those masks... it's just a quick fix for laziness!

          BE ORIGINAL!!! -Tyler
          Chris Riehl
          Sales@spookyfinder.com
          (586)209-6935
          www.spookyfinder.com

          Comment


          • #6
            Avoid using trademarked characters, it will really only cause more harm to your reputation as lacking creativity. It also doesn't provide a "realistic" experience to patrons in the way that a creative story full of unique characters can. Even if you buy the mask and costume of a movie character, the actor will never do the role in the exact way as the movie (and it will lead to fun comments like "I thought Jason was taller" or "why does Freddy look like a kid?").

            Use movies as a source of inspiration, but do not copy them. Create your own psychotic killer with his own unique makeup/mask and costume.
            Katie Lane
            Partner/VP
            Raven's Wolf Art Productions (www.ravens-wolf.com)
            sigpic

            Bansheette Morningstar (www.bansheette.com)

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            • #7
              Movie Characters...

              Hmmm.... I'm on the fence about this. I've seen both used to great effect and very poorly. Depends on the haunt.

              Out of creativity and originality you get some really awesome designs. Look at Netherworld and The Scarehouse for some awesome Icon characters. Some of their designs could be straight out of a horror movie set. Most of these I prefer. Not everyone can produce these kinds of results, though. Not everyone has their skill level. The fact remains, it is cheaper to produce original characters that no one has seen before, therefore they have nothing to compare it to.

              Back to the question. Can you use copyrighted material? Short answer: It is a violation of copyright law to use movie characters. Unfortuantely, the public at large likes them and pays money to see them or the movies wouldn't be so popular. It's certainly a catch-22. The studios make killer moolah of licensing cheap and crappy-looking versions of their famous characters costumes and masks for Halloween.

              Does that allow us to use them in our haunts? Not, really. If you are profiting off their intellectual property it is a copyright violation. Will you get caught? Probably not unless you feature them in your high profile advertsing or name one of your attractions after them. That doesn't mean it can't happen, nor, am I endorsing you do it. You run the same risk if you use unlicensed music. But it is a risk, nonetheless. Ask yourself, can I afford to get sued?

              Our industry, however, is not know for adhearing to strict rules regarding copyright usage. We seem to have a large "grey area" when it comes to copyrights. Search through the older threads on haunts showing popular movies in their lobby for que line entertainment. Go back and look at how many people don't pay rights for that either and have no qualms about using them. Same scenario, different circumstances.

              Conversely, I don't know that I'd go so far as to suggest that 13th Gate or Rocky Point suffered from "laziness" or "the biggest lack of creativity you could ever see". Both have been voted as top haunts in their time by their peers and customers. Both have used movie characters at some point with fantastic looking results.

              I think in the end it all comes down to any haunts production values. If its a cheap black walls, Kmart sort of haunt, then that awful Freddy K. costume you bought from Party City will look like what it is: cheap and uninspired!
              Lee D. Sanders

              Comment


              • #8
                Rocky Point... 13th Gate... Universal Studios... it doesn't matter, still lazy! Just my opinion and I'm sticking to it! -Tyler
                Chris Riehl
                Sales@spookyfinder.com
                (586)209-6935
                www.spookyfinder.com

                Comment


                • #9
                  Last year we began using 'specialty (s)characters in our haunt in the hope that over time people will recognize the characters as our own. We have NEVER used any movie characters and agree that it's better to create your own.

                  Last year I went to a haunt that had great sets, props, animatronics, and others. I turned around in one room and was confronted by a 5-foot tall person in a Freddy Krueger mask. Spoiled the rest of the haunt for me...
                  http://www.bigscaryshow.com
                  http://www.rabidbadger.org

                  Comment


                  • #10
                    Tyler,

                    Lazy, really?!? Geez.... That seems a little harsh don't you think? If those guys are lazy then I'd hate to see what you consider, diligently working. These haunters have worked hard busting their tails to make into the nation's best haunts. I think they've worked hard enough and don't see anything lazy about them. I'm sure they are laughing all the way to the bank.

                    As I seem to recall, weren't YOU working on a SAW knockoff house a couple of years ago? Something with "Game" in the title? I seem to remember you posting on the boards about it. Matter of fact, I know you made a wav file and posted a link online that seemed to mimic the Jigsaw killer's V.O about "playing a game" and having" five minutes to make it out". I still have it floating around here on my pc. I thought it was pretty decent.

                    Why the sudden 180? Just makes you seem a bit hypocritical. I'm not trying to hate on you. You seem to have taken such a staunch stand on an issue you seemed to think differently about not too very long ago. Of course, everyone's entitled to change their mind....

                    Me, well I have no opinion one way or another. I'm just saying that the use: for/against, is all in the execution. In the examples we sited i.e. Universal, 13th Gate, and Rocky Point have had great production values. It can go way on the other side as well. I've seen local haunts who have used those same characters and it made them look unoriginal to their guests and cheapend their show quality becuase they used off the shelf costumes and did not theme their sets.

                    Lee

                    Gahaunter
                    Lee D. Sanders

                    Comment


                    • #11
                      I've done no 180... If an ENTIRE attraction is centered around a movie with the looks, feel and theme as the movie... for example: the saw haunt. The entire haunt is played off the movie.

                      But what I'm saying here is that when a haunt mixes the two or has "movie characters" sparingly through the haunt and they are "just there". That's lazy.

                      Now, don't even bring up that this is what Universal did with their haunts totally themed and dedicated to the movies. Universal has year after year produced brand new, unique icon characters... stories... haunts... etc. etc. Then all of sudden does an entire event based on movies? WTF! Talk about taking the year off!

                      LAZY!!! -Tyler
                      Chris Riehl
                      Sales@spookyfinder.com
                      (586)209-6935
                      www.spookyfinder.com

                      Comment


                      • #12
                        That is also what Gyro's (California) kinda did last year and it was actually quite good and professional. I was just talking about the legality of it and i think i found my answer. Anything can be made very good (and very bad too) =)

                        ~Natethegreat
                        www.Fearoverload.com

                        Comment


                        • #13
                          Originally posted by Nightgore View Post
                          Now, don't even bring up that this is what Universal did with their haunts totally themed and dedicated to the movies. Universal has year after year produced brand new, unique icon characters... stories... haunts... etc. etc. Then all of sudden does an entire event based on movies? WTF! Talk about taking the year off!

                          LAZY!!! -Tyler
                          NOT FAIR to throw Universal under the bus. They did, after all, begin the movie monster genre. Frankenstein, Dracula...UNIVERSAL. I agree, they have come up with amazing events and characters, however, because they revert back to what they became FAMOUS for, doesn't mean you should lump them in with other low budget haunts. And LOW BUDGET is what you should refer to haunts that use masks as. I say this because they DON'T have the means to go and drop thousands of dollars on latex or silicone masks and the like.
                          O'Shawn McClendon
                          Creative Chair -- Operator: Cayce-West Columbia Hall of Horrors

                          One mans junk is another mans kick-ass new prop...

                          http://www.hallofhorrors.com

                          http://twitter.com/hallofhorrors

                          http://cwchallofhorrors.blogspot.com

                          http://www.youtube.com/hallofhorrors

                          http://www.myspace.com/cwcjc_hallofhorrors

                          Comment


                          • #14
                            Agree with Rich

                            The idea of using movie characters has many pitfalls including the legal infringement on the originals. Most times the haunts cannot live up to the originals.

                            I have been involved in haunting since 1986 and the industry has changed tremendously. In 1999 we went to the theme of the hotel but still lacked a storyline that was outstanding. Several years ago, we had two very talented guys develop the storyline, complete with the main characters and 302 total options as that is how many perished in the storyline. We can allow our actors to develop their own character as long as it is relelvant to the 1904 time frame we have set.

                            The beauty of your own story and characters is that the customers do appreciate the effort put into it. If you want to check out our website, it has an awesome opening video and many details of the story.
                            .
                            .
                            .
                            Brett Molitor (aka ~ JamBam) Member of HAA

                            Haunted Hotel-13th Floor (est by Huntington Jaycees in 1968 8) )
                            Longest running Haunted House in the WORLD!!

                            Hysterium Haunted Asylum (old Haunted Cave), Fort Wayne Indiana

                            Hysterium Escapes - 4 rooms with 3 themes


                            www.HauntedHuntington.com

                            www.facebook.com/hauntedhotel

                            www.Hysterium.com

                            www.facebook.com/HysteriumFtWayne

                            www.hysteriumescapes.com

                            www.facebook.com/hysteriumescapes


                            sigpic

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                            • #15
                              Freak?
                              "And LOW BUDGET is what you should refer to haunts that use masks as."
                              Freak what kind of masks are you referring to? If not latex or silicone? Lots of shows use latex masks and a blend of latex ,silicone ,and Make up is In my opinion the best way to go. Latex masks are a great option for costuming depending on the character you are trying to portray.
                              I suppose I should not bristle to much, I suppose that "The Trail of Terror" (my show) is a low budget show, but the park Im director (SCREAMS) of is not a low budget show. Both use masks and make up.
                              Allen H
                              www.Stiltbeaststudios.com
                              http://www.youtube.com/user/Stiltbea...s?feature=mhee

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