Legal Question in Entertainment Law in California
Can I own John Wayne?
I am writing an oringinal screenplay about a working class black family in Indiana titled JOHN WAYNE. Though Wayne's image can be seen three times via his movies on TV, neither his name nor his character as a person is ever mentioned in the story. The name within the context of the script is symbolic.
Do I need permission from Wayne's estate to use the name?
3 Answers from Attorneys
Re: Can I own John Wayne?
If you were not going to use the images, but only the name as a title to your screenplay, you'd probably be ok. However, since you are using the image 3 times, it is a good idea to get permission in advance if you can. Any liability for your use is likely very remote, however, because you want to use the name and the image, you are inviting litigation based on publicity rights and potentially copyright and/or trademark.
Re: Can I own John Wayne?
No, you cannot "own John Wayne", Batjac Productions "owns John Wayne."
California Civil Code Section 3344.1 (formerly Section 990) states: Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise, or goods, or for purposes of selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified
in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof.
Thus you would need to secure rights to Wayne's NAME, and IMAGE and any other elements you wish to employ from their owner prior to exploitation or production of the script.
The rights are owned by Batjac Productions / Wayne Enterprises (Michael Wayne) 9595 Wilshire Blvd. Beverly Hills, CA 90212.
Re: Can I own John Wayne?
I would be very wary giving a precise legal opinion as is required here on-line. Both previous replies may be inaccurate to some degree. For example, the statute requires damages, whether or not your use has caused damages to "JOHN WAYNE" would be an issue. Risks need to be weighed upon carefully analyzed caselaw and legal principles. A release or copyright authorization may be advised or not be necessary depending upon how easy it is to obtain. With retained representation you'll be able to make the correct decision and take the necessary steps to reduce your risk to exposure. Please call me directly at (619) 222-3504.
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