Legal Question in Intellectual Property in New York

Hoping someone can help!

Can I use the name of a television character in the title of a website?

The website would feature interviews with various actors who have appeared on the same show as the character in the title. For example, if it is a website that does original interviews with actors who have appeared on M*A*S*H, could I call the website "The Corporal Klinger Connection" and put it up at thecorporalklingerconnection.com. (I would actually be using the name of a much more minor character that only appeared in a few episodes of a show that aired for ten seasons.) Actors would be doing the interviews as themselves, talking about the character they played. They would not be doing interviews in character.

The site may also include commentaries and reviews about the show, but nothing that would create new fictional storylines using this or any other character. The site would have ads on it, so I couldn't claim that it's for educational use.

Would I be infringing on anyone's intellectual property by doing this? (studio, show creator, actor) If someone were to challenge me on it, would they simply ask me to take it down or could they reasonably sue for damages?

Any help is greatly appreciated! Thanks!


Asked on 3/14/12, 11:55 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

While the name itself may or may not infringe intellectual property rights (that asks for research, which is beyond the purview of this forum), any photos or videos you might post on the site would indeed infringe the copyright of the show if you post them without licensing the rights to use them in that manner, and studios are very, very tight about enforcing their copyrights.

Actors, unless they have participated in the writing or production of the show, generally hold rights only in their own images; it's the studio that generally holds copyright in the show and ALL (no matter how minor) of its characters. The possibilities of who holds intellectual property rights in a television show are legion, so you really need to make sure you speak with an attorney who handles licensing agreements (um...that would be someone like me) to be sure your bases are covered.

If you use copyrighted material without license on your site, then the owner of that copyright can indeed sue you, and may recover a huge judgment against you. It's WAY cheaper to license the materials you wish to use BEFORE you get into trouble.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 3/14/12, 12:41 pm


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