Lance Bailey
Active member
If I write about a character who is obsessed with super heroes, can I have posters and props in the film without getting permission?
Using super hero props in film for distribution?
- Thread starter Lance Bailey
- Start date
David W. Richardson
Chapelgrove Films
My guess is probably not. Posters would almost definitely be copyrighted. Most of the other stuff is likely trademarked. But the best answer can only come from a qualified attorney.
David W. Richardson
Chapelgrove Films
Maybe you could invent a plethora of your own superheroes for him to be obsessed with. Then create your own posters and props.
Andrius Simutis
Veteran
This has been asked dozens of times. The answers are a variation of the following:
No! You'll get sued if you even look at another company's logo or IP.
Sure! You can show whatever you want!
Neither of which is legal advice or even based on the law.
The reality is that you can show other companies logos and trademarks and intellectual property, but you can't imply endorsement from those companies or defame them without risking a lawsuit. So what does that mean? Whoever owns Superman©® won't sue you if someone in the background of a documentary walks by while wearing a Superman T shirt. They might come after you if you make a Superman movie or a movie claiming that Superman is a child molester. Implied endorsement and defamation.
In your case, it could get a little sticky depending on how the superhero worshipping character is portrayed and whether any intellectual property is considered defamed or threatened (and also if this ever gets their attention).
Now, you're probably wondering if this is the case why do so many TV shows blur out logos? Well, because they're not advertising usually.
Beyond logos you are going to run into the problem of using intellectual property that has a very large monetary value to its owners. All these superhero characters are big money makers for the studios that own them and they like to protect the cash cow.
You've really got two options here... call an entertainment lawyer that works on this kind of stuff or create some generic superheroes to use as props instead of the ones that are owned by litigious studios.
No! You'll get sued if you even look at another company's logo or IP.
Sure! You can show whatever you want!
Neither of which is legal advice or even based on the law.
The reality is that you can show other companies logos and trademarks and intellectual property, but you can't imply endorsement from those companies or defame them without risking a lawsuit. So what does that mean? Whoever owns Superman©® won't sue you if someone in the background of a documentary walks by while wearing a Superman T shirt. They might come after you if you make a Superman movie or a movie claiming that Superman is a child molester. Implied endorsement and defamation.
In your case, it could get a little sticky depending on how the superhero worshipping character is portrayed and whether any intellectual property is considered defamed or threatened (and also if this ever gets their attention).
Now, you're probably wondering if this is the case why do so many TV shows blur out logos? Well, because they're not advertising usually.
Beyond logos you are going to run into the problem of using intellectual property that has a very large monetary value to its owners. All these superhero characters are big money makers for the studios that own them and they like to protect the cash cow.
You've really got two options here... call an entertainment lawyer that works on this kind of stuff or create some generic superheroes to use as props instead of the ones that are owned by litigious studios.
Lance Bailey
Active member
Thanks for the replies. You've all confirmed my own understanding of this situation. I think the best scenario is to create my own faux super heroes.
Thousands of amateur artists have created their own comic book/superhero books universes and most would love to get some free ex posure. It would save you the trouble of creating those world's and allow you to concentrate on the film. Just make sure to get a release signed.
Zak Forsman
Major Contributor
This is worth watching. Definitely run things by an entertainment attorney that knows their stuff, like Michael Donaldson or Lisa Callif.
Lance Bailey
Active member
Thanks for sharing Zak! Shows we may not know what we think we know. Lawyers are very important in this industry (unfortunately).
As posters go, I would have them appear if theyre essential, but know they're also easy to make yourself based on a photo you take plus some basic text in any editing software. Make a mock up, shoot on ova to a Walmart for a low quality big print and its a 20$ well spent. Also consider painting over any action figures as this usually solves any problem with the toys. A little diy creativity and you can breathe easy.
Barry_Green
Moderator
This is an excellent idea. Go to any ComicCon or comparable event, and you'll find lots and lots of independent and amateur artists, some of whom may be interested. There are some tremendously talented artists out there.
Lance Bailey
Active member
Love the idea of using amateur/unknown artists. Many talented people out there. Collaboration that benefits both parties.