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Thread: Question about cgi products

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  1. Default Question about cgi products 
    #1
    Join Date
    Jan 2008
    Location
    Lock Haven PA
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    554
    So I purchased 3 discs at Transworld from a company. I received an email from them telling me I can not have them "filmed" or "used" in my professional attraction without a license and paying an additional $200.00 per item. Why was this not disclosed at the show? Why would we purchase them if they can't be used in the attraction and are for "home use"? We are professional haunters at the show.....WTH? Called an attorney he said it isn't copyright infringement because we aren't "claiming to have produced it" we are "using it". But I read the "fine print" on the case it does have a small disclaimer. Glad I found another company that is happy to be part of our show. Anyone else come across this? Why are these people even allowed to be at the show? I am certain a lot of you have this product be aware.
     

  2. Default  
    #2
    Join Date
    Jul 2010
    Location
    Hartford CT
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    766
    Are you making money off the filming and usage? If not it's under the fair usage copyright law probably.
     

  3. Default  
    #3
    Join Date
    Jun 2006
    Location
    Eastlake, Ohio
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    833
    Quote Originally Posted by HauntedPaws View Post
    Are you making money off the filming and usage? If not it's under the fair usage copyright law probably.
    That would be up to interpretation based upon if it was filmed during the production of a commercial for your attraction.
    Brian Warner
    Owner of Evilusions www.EVILUSIONS.com
    Technical Director of Forsaken Haunted House www.Forsakenhaunt.com
    Mechanical Designer (animatronics) at Gore Galore www.Gore-Galore.com
     

  4. Default  
    #4
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    Jun 2006
    Location
    Eastlake, Ohio
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    833
    Quote Originally Posted by spookhaven View Post
    So I purchased 3 discs at Transworld from a company. I received an email from them telling me I can not have them "filmed" or "used" in my professional attraction without a license and paying an additional $200.00 per item. Why was this not disclosed at the show? Why would we purchase them if they can't be used in the attraction and are for "home use"? We are professional haunters at the show.....WTH? Called an attorney he said it isn't copyright infringement because we aren't "claiming to have produced it" we are "using it". But I read the "fine print" on the case it does have a small disclaimer. Glad I found another company that is happy to be part of our show. Anyone else come across this? Why are these people even allowed to be at the show? I am certain a lot of you have this product be aware.
    I saw that as well, and will not be using their items in our haunt now.

    I went and bought everything that http://atmosfearfx.com/ had, and will be using their items this year. Their creepy crawlies cockroaches will be projected in my sewer scene this year.
    Brian Warner
    Owner of Evilusions www.EVILUSIONS.com
    Technical Director of Forsaken Haunted House www.Forsakenhaunt.com
    Mechanical Designer (animatronics) at Gore Galore www.Gore-Galore.com
     

  5. Default  
    #5
    Join Date
    Sep 2009
    Location
    Indianapolis, In
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    389
    If you use anything that is marked, "For personal use only" can't be used in your attraction. You need to make sure that any audio / video products that you purchase are either "royalty free" and/or available for "commercial use". If your attraction is charging for admission, you're a commercial operation and need to make sure that you have a commercial licence for the videos, music, etc... Otherwise, you're in violation of their licence agreements and can be sued.

    I do think it's a crap thing on behalf of the vendor to show at a professional tradeshow aimed for the pro haunter, but at the same time, it's buyer beware and you should always due your due diligence to make sure that your attraction is always on the up and up with everything your using. Just like making sure that your web designer isn't using another artist graphics in your website's design.
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  6. Default  
    #6
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    Sep 2009
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    Indianapolis, In
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    Out of curiosity, what was the company that did this to you?

    Also, I would call another lawyer. This one doesn't sound like he knows copyright law very well.

    Quote Originally Posted by spookhaven View Post
    Called an attorney he said it isn't copyright infringement because we aren't "claiming to have produced it" we are "using it".
    Yes it is. Otherwise, the RIAA couldn't be charging for violations of copyright for public performances of their copyrighted music. You have to have a licence to use anything for commercial use. Otherwise, you're violating the original artist copyrights.
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  7. Default  
    #7
    Join Date
    Nov 2009
    Location
    Michigan
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    I think it was HiRez Designs DVDs and they were being sold by another vendor there, not HiRez directly. Still I feel that it is a little cheep that they put this in the fine print.
    Phatman
     

  8. Default  
    #8
    Join Date
    Sep 2009
    Location
    Indianapolis, In
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    389
    Quote Originally Posted by austind View Post
    I think it was HiRez Designs DVDs and they were being sold by another vendor there, not HiRez directly. Still I feel that it is a little cheep that they put this in the fine print.
    Yeah, I feel for you, but that is why you should always read the DVD label and specifically ask "Is this good for commercial use". Hi-Rez makes it clear that their products are for home haunters and non-profits. They allow for commercial licensing which you have to remember, they put a lot of work into creating that great DVD products. You bought one after all so you have to agree their good.

    All Hi-Rez Designs Visual FX DVD products are restricted to non-profit HOME HAUNT & PERSONAL USE ONLY, and are protected by all federal copyright laws.
    If you wish to use this any Hi-Rez Designs Visual FX DVD products as part of a PRO / PAID HAUNTED ATTRACTION that charges admission, you must also purchase a COMMERCIAL USE LICENSE.
    If you have questions or would like to purchase a commercial license for using Hi-Rez Designs Visual FX DVDs as part of your paid admission or pro haunt, please email us at: info@hi-rezdesigns.com.
    Federal Law provides civil and criminal penalties for the unauthorized reproduction, distribution, or exhibition of the copyrighted material of this product.


    Not that I'm trying to criticize you, but you have to remember the old saying, "buyer beware". Especially buying from a 3rd party vendor. You always have to remember to do due diligence when your using other products from vendors and you said you found that it was printed on the label. When your at the show, read the label for any warnings and ask the seller if there are any commercial licences that are needed for using. If they don't know, pull out an iPad or iPhone, find the vendors site and see if they have anything in the FAQ or drop them a quick email.

    In my current and past work, I sometimes want or have to use another artist work, but I always either get their permission, pay a licence fee, or find royalty free content. You just have to remember it's more important to ask first and cover your ass, otherwise you can find yourself in a very actionable place that nobody wants to find themselves in. I wish you the best and hopefully everything will work out for you. I would ask HiRez, "I love the DVD's, I've already paid for them. Is there a way that I can pay a difference for the commercial licence considering what I've already paid to secure the DVD in the first place?" Sometime you can even ask them, "I'm even willing to post a advertisement on my website and attraction saying we are using your products with a link to your site." Maybe they would be willing to do some wheeling and dealing to find a satisfying solution for both you and them!

    Good Luck and I hope that you and everyone else has a great season!
    News and event coverage from directly inside the Haunt Industry - http://www.hauntersdigest.com
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  9. Default  
    #9
    Join Date
    Jan 2008
    Location
    Lock Haven PA
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    554
    It was Atom. I emailed and finally got an answer which was, give me $200.00 PER item or you don't use it. Very sad and yes, buyer beware. I will be much more mindful of what I purchase from companies since this has happened. Live and learn. But thought you all should all be aware.
     

  10. Default  
    #10
    Join Date
    Nov 2003
    Location
    NJ
    Posts
    215
    I would call Transworld and inform them that they have a vender selling product under false pretense, and that the vender should be band from the show. If we are at a trade show for an industry we should be able to take that the thing people are selling can be used in our industry. Common Sense ?

    Robert
    Fright Factory
     

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