We are in preproduction of our first feature film. I have a question about the use of company and famous peoples names. There is a character in the script named Coke Machine [because he is big like a Coke Machine] and a box is found labeled CASH but when it is opened it is full of old Johnny Cash albums. We do not plan on using Mr. Cash's music but his name is mentioned and the albums are seen on screen. I realize I could change Coke Machine to Ice Box or something, but was wondering if I would need permission to use Coke Machine and Johnny Cash and if so how would I go about doing it? Also should I expect to pay for this. I plan to sell the DVD's myself and hope to get into some film festivals with it. Any information would be greatly appreciated.
Getting permission
- Thread starter pirate40
- Start date
Chamber005
Carbonite Member
You can't copyright a name. You can trademark it, but in the US you can't hold copyright over a phrase or a name -- only as that phrase or name pertains to a trademark.
"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks."
I looked up "COKE MACHINE" and that is not a trademarked slogan.
Again, though, simply saying a name or a slogan does not infringe on trademark law. Trademark law is just that -- a "mark". You're not showing a Coke machine with the Coke logo, so you have no cause to worry about trademark law. You can say "No Coke, Pepsi" as many times as you damn well please.
Now, as for showing cover art from specific albums, that's simple -- look at the cover and find out either A) who the artist is or B) who commissioned the artist and ask their permission to show the cover art.
The difference between whether you ask the artist or the company who commissioned the the art depends on their contract. Most artists (post 1980) will have full rights to their artwork after the first year. Pre-1980 you may have to deal with the company who produced the record.
Another way around this would be to just ask for the right to use Johnny Cash's likeness in your movie, and then design your own covers (or alter the existing covers enough so that they look similar but are different pieces of art altogether) and just call the albums by their name. Almost no one would no the difference.
"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks."
I looked up "COKE MACHINE" and that is not a trademarked slogan.
Again, though, simply saying a name or a slogan does not infringe on trademark law. Trademark law is just that -- a "mark". You're not showing a Coke machine with the Coke logo, so you have no cause to worry about trademark law. You can say "No Coke, Pepsi" as many times as you damn well please.
Now, as for showing cover art from specific albums, that's simple -- look at the cover and find out either A) who the artist is or B) who commissioned the artist and ask their permission to show the cover art.
The difference between whether you ask the artist or the company who commissioned the the art depends on their contract. Most artists (post 1980) will have full rights to their artwork after the first year. Pre-1980 you may have to deal with the company who produced the record.
Another way around this would be to just ask for the right to use Johnny Cash's likeness in your movie, and then design your own covers (or alter the existing covers enough so that they look similar but are different pieces of art altogether) and just call the albums by their name. Almost no one would no the difference.