Animation copyright, same action different characters and background

[SirDave]

Hello!

If i create a animation with the same movement and actions of a animation already existing but with my own characters and my own background, am I violating any law of copyrigh? i Just wanna use the same movements and the same action, is that possible?

This will be a 8seconds intro for my youtube channel without commercial purposes.

[not2easy]

Hello SirDave and welcome to the forums. The answer is a definite "Maybe". This kind of use is called a derivative because it is derived directly from the original so it depends on when, where and how the original material is copyrighted. Some copyrighted works do permit non-commercial use under the terms of their copyright so you should find who owns the copyright and look at those terms. It is possible you could get permission for use - depending on its owner and their terms - and your proposed changes.

The brief length may be considered fair use, but specifics vary, there isn't a Yes/No answer that applies in every case. The terms of copyright on the work should clear that up.

Considering that you wish to use this on one of Google's properties (YouTube) and their terms prohibit copyright violations, you might want to consult with an attorney that specializes in copyright matters before the fact rather than needing one later.

[SirDave]

Ok. Thanks for the reply

[lucy24]

One part of the "definite maybe" is: Are you making a direct ripoff or an intentional parody?

[tangor]

This falls under the concept of LOOK AND FEEL in copyright law. There are exceptions in the basic concept that recognize that certain actions and looks can be found in all types of "work" and thus cannot be constrained by copyright. An example is the concept of "windows" on any computer, though certain aspects (ie, the RESULT of any action) upon a window might be copyrighted.

You can't copyright jumping up and down, for example, or running left to right, even wearing costumes. :)

But you can copyright the above, and the costumes, and the backgrounds if the TOTAL creates a unique work (think movies, opera, animation). So, do consider the strong MAYBE suggested above, but also consider the Look and Feel, and Parody aspects, as well as Fair Use to see if those may apply.