Copyright items inside your script

J

JSFILMZ

Well-known member
Hello all, hope everyone is well. I am writing a script for the first time to be submitted to a film fest. How does having copyrighted items work inside your script. Am i allowed to write XYZ was drinking coke or eating Chex Mix? Or do i have to make up names myself?Thanks in advance.
 
theillestmc12 said:
Hello all, hope everyone is well. I am writing a script for the first time to be submitted to a film fest. How does having copyrighted items work inside your script. Am i allowed to write XYZ was drinking coke or eating Chex Mix? Or do i have to make up names myself?Thanks in advance.
Click to expand...

I'm curious, why would you consider using specific brand names?
 
theillestmc12 said:
... How does having copyrighted items work inside your script. Am i allowed to write XYZ was drinking coke or eating Chex Mix? ...
Click to expand...

Film festivals et. al. all want to be risk free. So no one wants anything to do with a film that has any questionable material in it. If you don't have the express written consent of the copyright, trademark, IP, trade dress, or brand owner, don't use it. The same goes for any artwork or other media (TV) that may be in the background. You also need permission for the locations you shoot. Basically, if you don't own it you need permission to use it. That's for a feature film/short.

If you are making a documentary, educational, critique, or technical film, then 'fair use' may come in to play.
 
Last edited:
Thank you all for the response. I was hoping to use "Piano Man" in the scrip by Billy Joel but thank you guys for the input. I guess i will keep it neutral.
 
There's plenty of composers out there that can make some excellent music for you and are likely in your local area.
 
paulears said:
Nothing to stop you using Piano Man, but it will just cost you.
Click to expand...
Well, I thought that technically the copyright holder may refuse at any price if it is used in a published film script (and it is not a parody or some other fair use exception).
The only thing I think that cannot be refused is an audio-only (i.e. unsynchronized) published cover of the song, the royalty percentage is standard in this case.

But I am open to be corrected. :)
 
Last edited:
Technically speaking, no one will sue if Hannibal Lecter eats a Big Mac with his Chianti. A previously published/produced musical number, however, is likely to be a no-no. Rick Beato says that there are some notorious blockers (most have own Vevo channels) that will force you to re-edit your clip for even daring to play their tunes or make YouTube ban it outright.
 
They can say no - but it's rare unless you want to use the music of a vegan in an advert for burgers. Sometimes it's cheap, sometimes mega expensive - you just need to ask.
 
theillestmc12 said:
Am i allowed to write XYZ was drinking coke or eating Chex Mix?
Click to expand...

theillestmc12 said:
I was hoping to use "Piano Man" in the scrip by Billy Joel
Click to expand...

Since this is just the script, I don't think merely writing the names down infringes anything. If it gets made, then they can decide what to do.

This thread took a turn. At first I thought it was about photographing name-brand products. But then it was about music. Do you mean playing the music (as is the usual question) or something else, like showing the CD or a character mentioning that they like Billy Joel? If your question was about music, what's with the Chex Mix?
 
  • Like
Reactions: HKB
combatentropy said:
Since this is just the script, I don't think merely writing the names down infringes anything. If it gets made, then they can decide what to do.
Click to expand...

I an not a lawyer etc... However I would agree. The chances of a script remaining unchanged and the film unedited are very slim to zero. The character may not drink a soft drink let alone any cola, if indeed that scene survives the re-write or the video editing.

Also I think Coca Cola would prefer your character drank "coke" to ordering a "pepsi" (or Fanta or....) or eating at a "well known restaurant chain" unless the character is so hideously unredeemable that they don't want to be associated.

Music seems to be different. Not least because Youtube will find almost any use of any music. That said there is a lot of royalty free/ film library music that is "close enough" you can use if you are on a shoestring. I am doing a video with a similar style introduction to a well known TV series of the 70's and I found a pice of royalty free music that is similar. So that when used with the similar titles people automatically think it is the original.

OTOH should a BIG Name pick up your script I am sure they could get the Big Name Music if they wanted... and a palate of free coke for the production.
 
Don't forget that product placement is pretty common - so you want coke, but go to Pepsi - you might get a few quid, BUT you also get permission! Some like Apple seem very tricky to enthuse - so most phones end up being android not iPhones.
 
It's pointless to put things in that may have to be taken out or jeopardize your chances of being recognized. Sure, you can write that a Billy Joel song is playing. Then you win the award, and Billy Joel's agent hears about it and then he wants to make trouble.

From the SF Indie Fest Screenplay Competition rules:

BY ENTERING THE CONTEST YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE CONDITIONS. You agree to release and hold harmless the festival, its partners, its subsidiary, parent and affiliated companies, prize contributors, judges, screenplay readers, sponsors, and any other organizations responsible for administering, advertising or promoting the Contest, and every one of their respective members, directors, employees, agents and representatives (collectively, the “Released Parties”) past and present from and against any and all claims, expenses, and liability, including but not limited to damages and negligence to property and persons, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, copyright, infringement of trademark or other intellectual property rights relating to a participant’s Entry,
 
AGENT: "Billy, get this. Some kid named theillestmc12 won an indie script contest, and his script mentions your name."
BILLY: "Activate lawyers! Sue the kid into oblivion."

Just shoot me now.
 
That's right. No one is going to sue someone that has no money (you don't have money do you?). The point is to save yourself from problems up front. There's two ways to do that; eliminate potential risk or better yet, instead of getting opinions from people you don't know, contact festival runners and find out what they have to say about it.
 
Hey guys thanks so much. I took everyones advise and took out names that i could be sued for. Especially nowadays, people sue over anything. Another question though. When submitting to film festivals do you all submit shooting scripts vs screen play?The film fest im looking at doesnt specify at all. I tried looking at previous winners but can't find a place to download. I know shooting scripts are different than screenplay in a way.
 
You must log in or register to reply here.
Back
Top