Expert Advice When You Need It Most

Can I use the title of a movie, character name, or name of actor in an ad for my company?

Asked over 2 years ago - Philadelphia, PA

We own a technology support company and are interested in creating an ad that uses the name of either a movie title, character or actor to give people an idea of what our service is. (e.g. "we're like the terminator, but less violent, and for your computer.") I'm guessing the answer is "no" because we would also be using the name to evoke memories of the movie and feelings generated by the movie, all the results of the hard work the creators put in to the movie.

Thanks for the help.

Flag

Save

Share with:

Attorney answers (2)

Paul Dalley

Reputation Level 7

Answered over 2 years ago. Copyright Infringement Attorney in Elkhorn, WI.

Flag

Generally ordinary people, movie stars, the names and images associated with movie characters, such as the Terminator, are protected by various property rights. This is especially the case when the images are being used for commercial purposes. Copyright law and trademark law often play a role in these cases, but the law of privacy may enter in as well. Nonetheless, there are exceptions. The Fair Use Doctrine allows exceptions to copyright for parody, commentary, and criticism. Trademark has exceptions for parody as well. You efforts may fall within one of these exceptions. To sum it up, it depends.

Disclaimer: the information provided herein is provided for informational purposes only. It is not intended to be legal advice or a legal opinion, or to be a substitute for legal advice or a legal opinion. Nor does author expect or intended that the reader will rely on the information provided in any legal matter at bar either ether currently or in the future. It strongly recommended that questioner seek legal counsel for a legal advice or an opinion on the subject matter discussed herein.

Mark as good answer

Add comment

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

Flag

Probably not, unless you create an ad that parodies the film/character without confusing its consumers or unfairly competes with it. You're right, your 1st Amendment right to comment on and parody famous properties and people is balanced by the federal and state law protecting those rightsholders rights in their copyrights, trademarks, characters, and personas, and you can't "unfairly compete" with them in marketing your company.

Your example of using theTerminator won't fly as a comment or a parody because you're not commenting on the Terminator or mocking it, instead you're just, as you queried, evoking it for attention that only their rightsholder is entitled to evoke. You can also forget about using an actor's image to sell your product - that's likely to get you sued for violating their publicity rights.

If you want to tread the fine line of what's permissible and what will get you sued, it really requires that you run your intended ad by an IP lawyer to review it for its particular features.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Mark as good answer

Add comment