Legal Question in Intellectual Property in Colorado
Fair use of movie posters and titles
I'd like to create advertising for my product using modified images of old (mostly 1950s) movie posters. What sort of permissions will I need to obtain?
2 Answers from Attorneys
Re: Fair use of movie posters and titles
It would appear that you would need: permission from the studio which owned the copyright to the movie, permission from the actors who appear in poster (if living)or their heirs (if the actors are dead and if there exists a post mortem right of publicity in the state which their ancestors died); permission from the copyright holder of the poster; and if the poster was created from a photo, permission from the copyright holder of the photo.
Re: Fair use of movie posters and titles
Permission from the studio to use their copyrighted posters is probably all you will need, if they can assure you that they have assignment of rights from any personalities depicted in the posters. You may also need a trademark license if you are keeping the movie name on the poster, if use of that name in the way you propose would be sufficient to create a likelihood of consumer confusion as to source of your products. There are numerous steps you could take to improve your position in this matter, and you should contact a knowledgable copyright and/or trademark attorney to guide you over the legal hurdles you need to jump.