Can I use famous names and spots in a Screenplay?

[Centwo]

Hello

Can I use famous names in my screenplay like if there telling a story about Michael Bay the director?

Can I use products like Pespi in my script ?

Can I say something like lets go to universal studios?

There any copyright problem with this?

If so how do movie like fan boys get away with talking about George Lucas do they pay for this?

 

[Barry_Green]

You can reference things as long as you're not infringing on the person's rights. For example, you could certainly say "Man, that Arnold Schwarzenegger is one fine-lookin' governor". But you couldn't say "Hey, get me a Pepsi, that's the drink that Arnold Schwarzenegger drinks and he loves it." The first example is fine, the second example would be infringing on Schwarzenegger's rights of publicity.

When you say you're telling a story about Michael Bay -- is the story true? Or fiction? If it's publicly-known facts that are true, you can definitely say it (so long as it doesn't violate that person's rights to privacy, as referenced below in slondon's post). But if the story you want to tell is about something that's fictional, and being presented as true, and it's using real people -- that's a pretty iffy circumstance that I wouldn't want to get into.

Look at the film "My Date With Drew" -- that was all about one guy's obsession with asking real-life Drew Barrymore out on a date. Granted it's mainly a documentary-style film, in that it's not a fictional narrative but it's his real-life efforts, but it's all dealing with a real-life famous celebrity. As long as you keep it true, there's no problem.

As for using Pepsi in your script -- how? What did you have in mind? If you're doing a documentary on soft drinks in America, then by all means you can use it - and you can say it however you want, no matter whether it's flattering or not, as long as it's true -- look at SuperSize Me or Who Killed The Electric Car. But if you're making an action film and the terrorists are sponsored by the Pepsi corporation, yeah, that's gonna land you in some trouble.

 

[RockmanX3]

You can reference things as long as you're not infringing on the person's rights. For example, you could certainly say "Man, that Arnold Schwarzenegger is one fine-lookin' governor". But you couldn't say "Hey, get me a Pepsi, that's the drink that Arnold Schwarzenegger drinks and he loves it." The first example is fine, the second example would be infringing on Schwarzenegger's rights of publicity.

When you say you're telling a story about Michael Bay -- is the story true? Or fiction? But if the story you want to tell is about something that's fictional, and being presented as true, and it's using real people -- that's a pretty iffy circumstance that I wouldn't want to get into.

Look at the film "My Date With Drew" -- that was all about one guy's obsession with asking real-life Drew Barrymore out on a date. Granted it's mainly a documentary-style film, in that it's not a fictional narrative but it's his real-life efforts, but it's all dealing with a real-life famous celebrity. As long as you keep it true, there's no problem.

As for using Pepsi in your script -- how? What did you have in mind? If you're doing a documentary on soft drinks in America, then by all means you can use it - and you can say it however you want, no matter whether it's flattering or not, as long as it's true -- look at SuperSize Me or Who Killed The Electric Car. But if you're making an action film and the terrorists are sponsored by the Pepsi corporation, yeah, that's gonna land you in some trouble.

I wonder how The Simpsons got away with making fun of George Bush.

 

[Barry_Green]

Again, it depends on how you mean it. Parody is given broad protection by the US constitution. Making fun of someone is easy. Misrepresenting them is libel. If the Simpsons had seriously tried to represent that George Bush was in a romantic relationship with Saddam Hussein, and presented it as fact, then they'd be in all sorts of trouble. But if they went about it in a strictly and obviously comedic way, then that kind of stuff is fair game. Especially for public figures.

 

[johnnyevil]

The key thing is to be truthful or make sure it's obviously parody. Both of those are protected as Barry has said. Also, from what I have read (I am no lawyer), the better know something is, the safer it is to use it. Companies have this issue with trademarks. Like how Photoshop is now a verb, which weakens Adobe's trademark. Also mentioned by Barry, if something is a truthful documentary, or a educational thing, you generally have a bit more leeway than if it's purely commercial.

Lastly, it never hurts to ask if in doubt. A lot of small companies would love to see their products on screen. Unless of course it was negative. Michael Bay wanted a Ford Mustang in the first Transformers movie, but Ford didn't want to let their car be displayed in a negative fashion. Hence why he ended up using a Saleen instead.

 

[slondon]

You can say anything in the world that you want, in film or otherwise, as long as it's true.

Uhm, not completely true. This probably derives from the old lawyer's axiom that in any case of libel truth is a perfect defense. In fact, you must be careful not to invade the privacy of an ordinary person.

From the Wikipedia article on privacy laws of the United States.

Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person.[13] "Unlike libel or slander, truth is not a defense for invasion of privacy."[14] Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public

 

[Barry_Green]

DOH! Yes, true, and I will go and edit my post. You're right, I was basing it on the truth being the undeniable defense against libel...