Legal Question in Entertainment Law in California
using network logos in documentaries
The subject of my documentary, an athlete, was
featured on several network shows, including
ESPN, Fox, and CBS.
Networks normally won't allow producers to have
the footage of their shows, like CBS's ''48 hours,''
without a hefty price.
While I don't want to buy the rights to the footage
on these shows, may I use their logos in my film
without asking permission? For example, I can
get CBS's logo off the internet or tape the quick
CBS logo off the televison.
In my film, I have a narrator explaining that the
athlete has appeared on many network shows. At
that point, I'd like to flash ESPN, CBS, and Fox's
logos on the screen...CBS's eye, ESPN's red and
white lettering, and Fox's blue and yellow logo. I
can either capture each of those logos full screen
off the Internet, or record them off the TV. It's just a
way to show which networks the athlete has
appeared on without showing the interviews.
I know logos are copyrighted, but does that mean
I need to ask permission to even show tthe logos
for 2 seconds each in my film?
3 Answers from Attorneys
Re: using network logos in documentaries
You need to get permission to use someone else's logo. The doctrine of "fair use" does not generally apply in trademark law, which has to do with designation of origin of a product or service. You should understand that even if you think of your use as inoffensive, the networks may view it as an implicit endorsement of your documentary and may find that objectionable.
Re: using network logos in documentaries
Definitely...you need to take permission
Re: using network logos in documentaries
You need to get permission from these entities. Use of their logos, without permission, opens you up to serious litigation exposure. Although your proposed use might be defensible at the end of the day in a court action, under the fair use doctrine, I think it would be prudent for you to avoid testing this defense. If your use is reasonable and in line with your proposal, I don't think the networks would necessarily unreasonably withhold their permission for your limited use.
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