JP License Rights & Conditions

[jmine83]

I know there has been a fair sum of discussion on the sorts of things that TT can do with the JP license. However, I feel a need to fully clarify this whole license rights business that's involved that determines what TT can do in this game.

Specifically, how it's been said that TT has the rights to the JP film content but "not" the JP novel apparently? Which, in my opinion, is ridiculous and inconsistent with what past JP games and merchandisers have been able to do with the JP license. Anyways, at the very least its reassuring that if other past JP video games have mentioned Biosyn for example, then why not TT's JP game? So that makes me question what parameters TT is specifically having to work within; i.e. the fine line between the movie and the film.

I would have thought that logically, since TT has the rights to the JP film, therefore that implies they automatically have the rights to the JP novel and every other commercial entity present in the film. I confess I'm only taking an educated guess and I have no experience in how these things work.

For example, in the JP film the Safari Tour vehicles are Ford Explorers. In order for the crew of JP to therefore use the Ford Explorer in their film, there must have been some sort of contract agreement between Universal Studios and Ford Motor Company, right? A contract that somehow negotiates that Universal has the right to use the Ford Explorer in the JP film and "all" of the associated licensed medias and merchandise, right? Therefore, any company that wants to purchase the rights stipulated in the contract for the purpose of producing a piece of JP merchandise "therefore" by proxy has the rights to use the JP Ford Explorer right? I would think that's how it should work, otherwise it seems terribly ridiculous and restrictive. For example, back during the years of the original JP, there was a model car kit produced of the JP Ford Explorer.

So, in TT's case then, they have the rights to the JP franchise from Universal, right? And back when JP was produced, in order to turn the JP novel into JP the film, Universal must have therefore purchased the rights to use any or all of the elements in the JP novel, right? I mean, after all, if Spielberg "really" wanted to, he could have made a JP movie that was "exactly" like the JP novel, right? Therefore, with that "power", therefore Universal must have purchased "full" rights to the JP novel. So... indirectly TT has the rights to the JP novel because Universal bought the rights and TT bought the rights from Universal, right?

I know in other threads and posts it was being said that TT has to contact every single commercial entity that is used in the JP film in order to use it in their game apparently? For example, companies like Ford, or Jeep, etc. Which does not make a lot of sense to me given what I just explained. Afterall, clearly in the JP game trailer, one of the focuses of this new story has to do with the can of "Barbasol" shaving cream with the dinosaur embryos in it. Was the "Barbasol" license automatically included with the "Jurassic Park" license that TT acquired because Universal bought it way back during the original JP, -OR- did TT have to go out of their way to contact "Barbasol" themselves just for this game?

[Bombillazo]

I think they have access to anything related to the film, anything it alludes to it and everything. I dont think they would be restricted to the addition of Biosyn or any novel characters as long as it doesnt conflict with the films established integrity. I think what they are restricted upon is character likeness, music, brands, but I don't think concepts already part of the JP universe are unusable. If that where the case, they basically wouldn't be able to use any thing from the movies well enough to make them tie and part of the official canon.

[tope1983]

interesting thoughts...

that was also was I was wondering about in the "Nedry's jeep"-thread and why there is no Jeep™ in the game but a lookalike.

Well I also wondered why in BlueTongue's Operation Genesis they decided to change the Ford Explorers to Toyota Landcruisers. I know that in the novel they actually were Landcruisers but due to the date of the InGen incident which took place in August 1989 the novel's Landcruisers would have looked like this:


and in Operation Genesis the were that model:

[Asian Inferno]

Originally Posted by jmine83

I know there has been a fair sum of discussion on the sorts of things that TT can do with the JP license. However, I feel a need to fully clarify this whole license rights business that's involved that determines what TT can do in this game.

Specifically, how it's been said that TT has the rights to the JP film content but "not" the JP novel apparently? Which, in my opinion, is ridiculous and inconsistent with what past JP games and merchandisers have been able to do with the JP license. Anyways, at the very least its reassuring that if other past JP video games have mentioned Biosyn for example, then why not TT's JP game? So that makes me question what parameters TT is specifically having to work within; i.e. the fine line between the movie and the film.

I would have thought that logically, since TT has the rights to the JP film, therefore that implies they automatically have the rights to the JP novel and every other commercial entity present in the film. I confess I'm only taking an educated guess and I have no experience in how these things work.

For example, in the JP film the Safari Tour vehicles are Ford Explorers. In order for the crew of JP to therefore use the Ford Explorer in their film, there must have been some sort of contract agreement between Universal Studios and Ford Motor Company, right? A contract that somehow negotiates that Universal has the right to use the Ford Explorer in the JP film and "all" of the associated licensed medias and merchandise, right? Therefore, any company that wants to purchase the rights stipulated in the contract for the purpose of producing a piece of JP merchandise "therefore" by proxy has the rights to use the JP Ford Explorer right? I would think that's how it should work, otherwise it seems terribly ridiculous and restrictive. For example, back during the years of the original JP, there was a model car kit produced of the JP Ford Explorer.

So, in TT's case then, they have the rights to the JP franchise from Universal, right? And back when JP was produced, in order to turn the JP novel into JP the film, Universal must have therefore purchased the rights to use any or all of the elements in the JP novel, right? I mean, after all, if Spielberg "really" wanted to, he could have made a JP movie that was "exactly" like the JP novel, right? Therefore, with that "power", therefore Universal must have purchased "full" rights to the JP novel. So... indirectly TT has the rights to the JP novel because Universal bought the rights and TT bought the rights from Universal, right?

I know in other threads and posts it was being said that TT has to contact every single commercial entity that is used in the JP film in order to use it in their game apparently? For example, companies like Ford, or Jeep, etc. Which does not make a lot of sense to me given what I just explained. Afterall, clearly in the JP game trailer, one of the focuses of this new story has to do with the can of "Barbasol" shaving cream with the dinosaur embryos in it. Was the "Barbasol" license automatically included with the "Jurassic Park" license that TT acquired because Universal bought it way back during the original JP, -OR- did TT have to go out of their way to contact "Barbasol" themselves just for this game?

From what I've seen, car/vehicle trademarks return to their respective owners after being featured in the film, unless a.)Get renewed for a sequel or b.)Is apart of a lifetime deal with the franchise in question (Which is something I haven't heard of thus far).

Transformers would fall into a similar aspect, Hasbro can make all the Chevolet Cameros toys for the duration of the film's release (Movie and DVD), afterward they'd need to re-sign with Chevolet in order to use the car itself for products.

I also highly doubt a car company would be willing to make a lifetime deal, as they can negotiate a higher price every time someone wants to use that trademark. It's all about the money.

[MarkDarin]

Originally Posted by jmine83

... did TT have to go out of their way to contact "Barbasol" themselves just for this game?

Yes, we did go out of our way to get permission from the makers of Barbasol. It was such an iconic part of the film and an important part of our story that contacting them did make sense in this instance.

Removing the JEEP logo and trademarked features of the cars seemed much more forgivable than having players discover a can of "Barber-Style Shaving cream" instead of Barbasol!

[Jake]

Originally Posted by MarkDarin

Yes, we did go out of our way to get permission from the makers of Barbasol. It was such an iconic part of the film and an important part of our story that contacting them did make sense in this instance.

Removing the JEEP logo and trademarked features of the cars seemed much more forgivable than having players discover a can of "Barber-Style Shaving cream" instead of Barbasol!

Fallback brand should have totally been "Barbolak," named after our lawyer

[Bombillazo]

Originally Posted by Jake

Fallback brand should have totally been "Barbolak," named after our lawyer

lol Sounds like a name for an outer space emperor or species.

[waroftheworlds01]

Originally Posted by Bombillazo

lol Sounds like a name for an outer space emperor or species.

Godzilla vs Barbolak

[Irishmile]

I wish I had "Barber-Style Shaving cream"

[FPug]

Originally Posted by Jake

Fallback brand should have totally been "Barbolak," named after our lawyer

In the BTTF demo Iplayed the Dept. Store was called JP Pinneys............is that a coincidence?

[Alpharaptor]

LoL, Barbalok...the lawyer cream

[Watsamax]

I just heard about your game today. Need to got it out there. It does look like your doing some nostalgic stuff . truthfully I wasnt born when the Movie first came out. But I Loved the series . Hope you do give some thrills that we dont expect. Is it going to be kinda open for exploration not a small room for some stuff? You did say it was an adventure game so i really hope theres places to go not just following the road ye know?

[David Arthur]

Originally Posted by jmine83

A contract that somehow negotiates that Universal has the right to use the Ford Explorer in the JP film and "all" of the associated licensed medias and merchandise, right? Therefore, any company that wants to purchase the rights stipulated in the contract for the purpose of producing a piece of JP merchandise "therefore" by proxy has the rights to use the JP Ford Explorer right?

It really depends entirely on the terms of the contract they negotiated (which, just to make things more difficult, are quite likely confidential). The licence could apply to the film only, or to the film and toys but not computer games, or it could expire after a certain amount of time, or anything else their lawyers could think up.

And although this is probably less relevant to Jurassic Park, films have more leeway in terms of incidental reproduction: if you shoot a street scene on location, for example, you don't automatically need permission from the manufacturer of every car that happened to drive by. But if Telltale went to the trouble of modelling a Jeep that matches polygon for polygon, it would be hard to argue that this was 'incidental'.

It's harder to know exactly what it means for Telltale to have the rights to the films but not the books. Perhaps Michael Crichton's contract said that once the movie was made, any unused aspects of the book returned to him; perhaps Universal's licensing department are simply insisting that the game be consistent with their films.

[RAnthonyMahan]

This is a pretty mundane observation, but I noticed in the trailer Nedry's Barbasol can is, well...a Barbasol can. Contrast that with Back to the Future, where every brand name except the now-defunct DeLorean is omitted. (I like how the Twin Pines Mall had a store named "JPPinney's". Joe must be very proud. )

So did Telltale/Universal get permission to use the Barbasol name? I think it's pretty cool they've went out of their way to use a trademarked name when nobody would've held it against them if they didn't. I guess it shows the level Telltale is going to make this game feel like Jurassic Park.

[Phoenix123]

I hope this answers your question: http://www.telltalegames.com/forums/...45&postcount=5

[Shadowknight1]

Originally Posted by RAnthonyMahan

This is a pretty mundane observation, but I noticed in the trailer Nedry's Barbasol can is, well...a Barbasol can. Contrast that with Back to the Future, where every brand name except the now-defunct DeLorean is omitted. (I like how the Twin Pines Mall had a store named "JPPinney's". Joe must be very proud. )

DeLorean isn't defunct. The rights are owned by a different DMC than before, but it isn't defunct. That's why the Diamond Select time machines aren't DeLoreans, as such. They have no logos and aren't called DeLoreans on the boxes. However, the name DeLorean is almost synonymous with BTTF, sort of like the Barbasol can. I think fans would've pitched a huge fit if the DMC logos were removed from the car and they never referred to it as a DeLorean. Plus they'd have to remove iconic lines such as "You built a time machine...out of a DeLorean?!"

[Clord]

Then other hand it is bit silly. Companies who not let any of their stuff to be used free by other companies are like saying "no, we don't want your free advertisement as you didn't give us sweet money".

[David Arthur]

Originally Posted by Clord

Companies who not let any of their stuff to be used free by other companies are like saying "no, we don't want your free advertisement as you didn't give us sweet money".

Often it's less a question of money than a fear that the product will be used in a way which reflects badly on it, or that the unauthorised use will be cited as evidence that their trademark has become a generic name.