Clearance for a film that takes place at a major private university
Los Angeles, CA
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Posted 3 months ago in Entertainment
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I'm producing a film that is set at a major private university in the united states. Do I need to get clearance from their media office to use their name (verbally) or show any signage from their campus?
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Hi Pamela, Thanks for the reply. I am aware that to physcially shoot on their campus will require permits, etc. However, while the film is set at the campus, we're using a remote location and calling it the name of the university, and not actually shooting there. For instance, we're shooting in a private laboratory, which is referred to as "Gotham University Lab" (fictitious name) throughout the script, and is a centerpiece for the entire film. While we're not actually defaming the name of the school, some of the professors do objectionable things and I believe clearance would be hard to come by, so I'm trying to figure out if I can even use the actual name in the script or if I need to change the name to a fictitious name. Thanks! Best Answer (as selected by the question's author)Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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Ok, you just want to have characters use the name and show their signage. Assuming the name is trademarked/servicemarked (which you should verify), then your film's references could be seen as the school endorsing the film, and thus trademark infringement. If you're showing the school's staff in a negative light (and the fact that you think asking would be futile, even if you have whole bunch of film school interns, suggests the portrayals are very negative) you probably haven't got much of a chance of being approved if you ask.
So check if the name is trademarked at the link below, and if so, you better go with a fictitous name. By the way, if you meant USC, they have trademarks for many good and services, and they're probably very protective of their mark. http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4001:dv8l2f.1.1 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. Additional Answers (1)Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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If you're planning to shoot a film at private university, you need more than clearance, because you'd be trespassing without geting permission to do this, and no doubt the school will want a location agreement and you'll want a location release. The school will probably want to restrict when and where you shoot, and they'll want you to have insurance, and if they even consider allowing this, they'll probably want to read your script to see how the school, as a kind of "character" in your film as well as a location, and its staff or students are portrayed - if this is a "Columbine" type of thing, they won't like it.
The location concerns are threshold issues and related to use of their signage for their school name, which is probably but not necessarily trademarked/servicemarked. You need a license for that too, and I'm guessing that if they say yes to their schoool being used asa location, they'll also be ok with the use of the name/mark, but yes you need to ask for that too. Helpful hint: It would help if you're a student in their film school at the university, or know some of their students, so you can offer internships to them. You should retain an entertainment lawyer to make sure you and your film's rights are protected. 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. |