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Post by alx on Apr 30, 2011 14:41:57 GMT
Unless I am entirely mistaken, cease & desist is only applicable where the intellectual property is being damaged. Granted, this describes a gray area but since this effort is not meant for profit nor is it intended to defame the brand we should be safe
Theft is not an issue here as nothing will be stolen from Konami. Technically the SH films ARE theft (permission aside) since many of the fans feel robbed but there is no way to get a class action suit for this kind of crime so boo-fucking-hoo
There is absolutely NO correlation to "someone using your bedroom and rearranging everything without asking." because the original hasn't been altered. If someone made a copy of my bedroom and screwed that one up, why should I care unless they tried to claim it was my actual room? In that case, and only in that case would it be slander and I would have legal recourse
Unless it was done as a parody, without malicious intent. Which is why legitimate parody is exempt from cease & desist
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Post by mr. worncoat on Apr 30, 2011 19:39:58 GMT
Fantastic, so a parody or "parody" is on the table.
What we'd need next is an editor, "plot", and wider attention to this little scheme.
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Sindaiin
Nurse
Lakeside Amusement Park Curator
Posts: 206
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Post by Sindaiin on May 1, 2011 4:01:38 GMT
If that's the case, stuff like this would be alright. It would take a little money to pull off something as nice as these, but these are the only fan films (other than the various rap music videos) that I remember. It'd be nice if our video was at least memorable. The key thing here is non-profit. We can't use more than 30 seconds of any clips of movie and we'd need permission to use more than 30 seconds of any of the songs (yes, we actually would need permission.) Although creative use might cover us.... Stuff like this should be fine. Double check that though. It's a rather tedious task. www.atom.com/funny_videos/pitching_lucas/www.atom.com/funny_videos/love_of_the_film/
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Post by alx on May 1, 2011 8:58:01 GMT
If we actually want to use the name Silent Hill then it has to be a parody. If we only want to do something SH inspired then it doesn't need to be a parody and this was covered in some detail earlier in the thread
But yeah, even a short three paragraph treatment at this point would be a good start
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Post by blacky on May 1, 2011 23:36:56 GMT
Okay if we are going with the parody thing, there are so many ways it could be done.
So are we thinking of parodying one of the games in particular, or the franchise as a whole? Will we use the main characters from the franchise or make up our own characters that referance them?
Oh and is it still going to be a trailer? a parody trailer?
oh so many opportunities...
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Post by alx on May 3, 2011 10:59:50 GMT
I have no clue why the general consensus has suddenly turned toward parody but we certainly haven't heard anything from the Crimson One regarding that and if you care to review the thread, he hasn't shown any interest in doing a parody so let's ease up on that for now...
Of course, he never posted that he'd be against such a thing but the simple fact that it only came up recently should mean "proceed with caution on that front"
The last thing we were seriously discussing was a fake trailer for a SH themed film that would do right by the fans
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Post by mr. worncoat on May 3, 2011 11:36:52 GMT
From what I thought, the idea was that this would be something everybody in the forum could add to. If you go back a page, it was thought that if people filmed a few minutes of themselves doing whatever and sent their videos to a single person, the editor, it would then be made into a coherent fake trailer. It'd be fun, inclusive, and good for advertizing once we had the finished product thrown up on Youtube/whatever other video-sharing sites there be.
If that's what would be followed up on, we'd need an editor and a very loose plot to keep the trailer from being a spotty trainwreck.
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Post by alx on May 3, 2011 18:33:58 GMT
There was also the notion that we all agree on a concept, then a shooting script. After that, somebody (most likely me) makes a rough animatic, someone else puts a soundtrack to it and then everyone with a camera bids on what bits they want to shoot
Finally the live action bits replace all the animatics, Crim does a final editing pass and done. This way everybody knows up front what is going on and this reduces the whole "too many chefs" issue
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Post by blacky on May 4, 2011 0:01:33 GMT
Well for me to be intrested it either has to be a parody or something new that is only inspired by Silent hill. Because I am not intrested in some fan film, disgarding the legal issues for a moment, as an art student who is encouraged constantly to be as creative and free thinking as possible, I would be digusted with myself if I was involved in something that only replicates silent hill and nothing else.
As far as I am concerned, if we just replicate the idea with nothing new, then we are no better than the people behind the real films. We woulden't be any better just because our version would be more faithful to the games, it would just mean there is more fanwank in ours.
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Post by alx on May 4, 2011 5:13:50 GMT
Why not toss out a high level concept and see how it fares? And while you're at it, define your terms... What do you mean by SH inspired? Technically, the Room was SH inspired
It seems like the general consensus is that whatever we do, we aren't going to call it Silent Hill unless it is a parody. Likewise we can't use any existing characters or music (possibly can use less than half a minute of OST) so it seems like on some level anything done would be "inspired" or a parody just to avoid legal action
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Post by alx on May 4, 2011 23:35:44 GMT
Pitching Lucas wasn't funny to me. Possibly due to the fact that I can't tell the difference between what the studio was pitching and what Lucas writes himself. Qualitywise it was six of one, half dozen of the other... Love of the Film was classic. The bit where the Chewbacca chick goes "grrr...?" then flips her hair out and goes wild made the whole film
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Post by mr. worncoat on May 5, 2011 10:17:57 GMT
In talking about limits, what I'm seeing so far is tat it's a trailer and only a trailer. That means at most we'd be looking at five minutes of whatever. And a title? Silent Hill Forum Otherworld Coming to a theater near OH GOD IT'S ALREADY HERE, MY FACE IS MELTING, WHY.
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Post by blacky on May 8, 2011 14:41:25 GMT
Why not toss out a high level concept and see how it fares? And while you're at it, define your terms... What do you mean by SH inspired? Technically, the Room was SH inspired It seems like the general consensus is that whatever we do, we aren't going to call it Silent Hill unless it is a parody. Likewise we can't use any existing characters or music (possibly can use less than half a minute of OST) so it seems like on some level anything done would be "inspired" or a parody just to avoid legal action Well it's hard to define what one can mean by Silent Hill inspired because there are so many varibles. Normally when you are inspired by something you are taking an idea from another work of art and doing your own thing with it, while copyright laws prevent you from using someone else's work, it doesn't stop you from taking ideas from it, as you can't copyright an idea, only the form it takes. For example if we want an to base our film in an deserted town, we can do that, Konami doesn't own the idea of an empty town. However this town must not be just like Silent hill, with fog, surrealistic monsters and an all consuming otherworld.
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Post by alx on May 9, 2011 8:51:30 GMT
So what if the town doesn't have fog? Because if it doesn't have monsters and an otherworld then I don't see the point of making a trailer at all... Gee, wouldn't it be nice if the Crimson One chimed in? However this town must not be just like Silent hill, with fog, surrealistic monsters and an all consuming otherworld.
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Post by blacky on May 9, 2011 11:43:26 GMT
Well monsters could be possible, monsters are in a lot of films, but they would have to have something unique about them, because a town filled with Francis Bacon paintings brought to life is verging too close to Silent hill rip off. Well when I say unique I more mean something that isn't copyrighted. Because there is a whole load of folklore and myth we could go into for monster ideas. No one owns mythology. Thats why we are always getting films with Ghosts, Vampires, Zombies and so on
The otherworld would be extremely difficult, an all consuming otherworld that goes back and forth without warning is very unique to silent hill. We could change it to a different concept, but I am guessing the general attitude would be if we can't have the otherworld as we know it, then it isn't worth having one at all.
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