Legal Question in Intellectual Property in Arizona

Copyright and Script

I am currently working on a film script and am unsure of the following. Is it legal for my characters to talk and express an opinion on a copyrighted item (such as a video game, movie, music, characters withing movies, etc)? This would include specifically mentioning names of companies and their copyrighted items.


Asked on 6/07/07, 3:07 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright and Script

Not a copyright issue but rather one of trademark law. Unless you imply "sponsorship or affiliation" with the owner of a trademark mentioned in your script, or disparage the products bearing the mark, you have no issue. Fine to have your characters drink a Coke, smoke a Camel, etc., as this simply reflects reality; by so doing, you are not "using" the trademark within the language of the federal trademark law.

Best wishes,

LDWG

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Answered on 6/07/07, 8:38 am


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