Using character references of famous movie characters

[GonnaBeFamous]

IN a horror film I use a character reference of a horror character in the dialogue because thats what the character is dressed up as (but isn't him). Legally sound?

[nganok]

IN a horror film I use a character reference of a horror character in the dialogue because thats what the character is dressed up as (but isn't him). Legally sound?


Just in case - I wouldn't touch it. Just use someting else or describe the costume without saying it

instead of

Jimmie wears a freddie Kruger costume

just say.

Jimmie surprises everyone as he sports a blue and red striped long sleeve shirt and a glove with metal claws attached.

JIMMIE
Guess who I am.

[preyer]

that's probably sensible advise, but i hear references all the time in ultra low-budget horror films, which i watch a lot of. after burning the villian's face with holy water and the obligatory, 'come get some, you freddy kruger lookin' mother-effer!', i think you're all right. i mean, what are they going to do, sue you for the three thousand dollars your straight-to-video movie made? as i sit and wonder about it, i don't know if the freddy kruger license owners can do that just over a particular reference. i mean, did they get permission from george lucas to discuss 'return of the jedi' in 'clerks'? maybe, but i somehow doubt it.

i'd write it in and if the legal department has a problem with it, worry about it then. it's usually pretty obvious when someone's ripping a character off or doing an homage, or even a parody, which is legally protected. if there is no legal department, do it anyway. the lawsuit will probably be the best advertisment for the movie than all the previews of it on other DVD's put together, lol.

[Rock]

If the name/item is a trade-mark then permission or paying for the use will be needed - but as mentioned, the legal deparment should handle that. If it makes the movie better to say it - then say it - the editor or director will tell you if it needs changed.

[GonnaBeFamous]

Yeah, i think it adds to my script by keeping it in their cause someone jokes about it being the guy(when it's not) but it is in fact the killer he just only dresses like that once because he has to. ;)

I'll leave it in and let them worry about it.

Oh yeah, what about product placement? I have a comedy that I could use product placement for brand names in about 5 different spots. Should I just leave it in there to add value to my script instead of keeping it generic and let them worry about it later?

[NikeeGoddess]

product placement* is NOT your job.
ever notice the long, long list of credits at the end of a movie? there are so many people involved in the production that you have no business stepping on their toes and will look like the amateur that you are while trying to do so.

*the executive producer's job

gbf - unless you're planning on being your own filmmaker or producer i suggest you spend more time on making a quality script and forget about the other stuff. all those minor issues you have can be easily corrected later but none of it will matter if you're story isn't right.

[GonnaBeFamous]

product placement* is NOT your job.
ever notice the long, long list of credits at the end of a movie? there are so many people involved in the production that you have no business stepping on their toes and will look like the amateur that you are while trying to do so.

*the executive producer's job

gbf - unless you're planning on being your own filmmaker or producer i suggest you spend more time on making a quality script and forget about the other stuff. all those minor issues you have can be easily corrected later but none of it will matter if you're story isn't right.

I'm constantly rewriting my scripts, I just was curious thats all.

[preyer]

true, trademarks like coca cola would probably be a no-no. it's rather ridiculous when you watch a show or movie and see a can of pop (or soda, depending on what you call it where you live) and it's either missing the words but leaving the destinctive coke wave or there's a label over the can as if you couldn't tell it wasn't mountain dew.

trademarks and copyrights are different beasts. a character mention from another movie i'm sure you'd be all right. horror fans stick together like that, eh? i mean, would sam raimi get up in arms if your hero's wall has an 'evil dead II' poster on it?

you could take these things to extremes and remove all mention of chevy or ford and further remove the manufacturer's name badges from the car, although i've never seen a car company deny use of their cars, lol. i don't know how these things work, but i imagine for large productions, car companies may even loan you some cars ('66 mustang convertibles excluded :)) provided you don't run them off a cliff. a lot of the exotics you see are kit cars.

product placement is something these companies take seriously. i've heard of fights breaking out at county fairs between coke and pepsi vendors when one has the exclusive contract to sell there and the other doesn't. the convenience store i'm trying to buy has two vending can machines outside provided free by the company (and owned by the store owners), and all they require is you stock it yourself. you keep all the profits, they just need to advertise their product. they even fix it for free (and you can imagine how fast that gets done, heh heh). the point is this kind of thing is way over the heads of most screenwriters and so it should be, eh?

[Joe Calabrese]

would sam raimi get up in arms if your hero's wall has an 'evil dead II' poster on it? Raimi may not, but the manufacturer, would have legal claims.

When filming a movie there is a thing called clearances which the producers must show that everything focused on in the film has been obtained legally. If you film at a location, you need a signed clearance, actors and extras also need clearances. Products that are clearly and specifically shown also need clearances. Case in point to determining what needs clearance. If you show a man sitting on his bed in his bedroom you do not need permission for anything in that room as long as all are things normally found in that room and as long as the focus and framing centers around the man and not any object in the room. If you do the same scene but this time start with a close up of that Evil Dead 2 poster and then pan to the man, you need permission from the poster people. If you show the mattress in the room without any sheets covering it and you can clearly see the "Sealy" label, you need permission. There's a bit more to it but generally that's it.

Funny story and the trend things are going.

In Spiderman, they filmed the movie without anything on billboards so they could "sell ad space" and pop in with CGI during post production. One ad space was sold to someone for the US prints only and another company got the Asian market. Funny... custom tailor your film for your advertisers. What's next? "This alternate ending brought to you by Pepsi."

Now, as for your question of using a character name in your film. It's one thing to say Freddy Kruger in your script, it's another thing to have him in it. Freddy Kruger is not just trademarked, he is an icon, a celebrity, and as such you can use his name mentioned in a film without permission. But to have a character in your film named Freddy Kruger or even wearing the familiar costume would be legally wrong, unless permission is had.

[GonnaBeFamous]

Raimi may not, but the manufacturer, would have legal claims.

When filming a movie there is a thing called clearances which the producers must show that everything focused on in the film has been obtained legally. If you film at a location, you need a signed clearance, actors and extras also need clearances. Products that are clearly and specifically shown also need clearances. Case in point to determining what needs clearance. If you show a man sitting on his bed in his bedroom you do not need permission for anything in that room as long as all are things normally found in that room and as long as the focus and framing centers around the man and not any object in the room. If you do the same scene but this time start with a close up of that Evil Dead 2 poster and then pan to the man, you need permission from the poster people. If you show the mattress in the room without any sheets covering it and you can clearly see the "Sealy" label, you need permission. There's a bit more to it but generally that's it.

Funny story and the trend things are going.

In Spiderman, they filmed the movie without anything on billboards so they could "sell ad space" and pop in with CGI during post production. One ad space was sold to someone for the US prints only and another company got the Asian market. Funny... custom tailor your film for your advertisers. What's next? "This alternate ending brought to you by Pepsi."

Now, as for your question of using a character name in your film. It's one thing to say Freddy Kruger in your script, it's another thing to have him in it. Freddy Kruger is not just trademarked, he is an icon, a celebrity, and as such you can use his name mentioned in a film without permission. But to have a character in your film named Freddy Kruger or even wearing the familiar costume would be legally wrong, unless permission is had.

If I just describe him as having ahocky mask and jump suit on at a costume party and there is no mention of Jason by the characters or in the narration, is that acceptable?

[Joe Calabrese]

I would say that is pretty obvious who you are emulating even though you don't mention Jason's name.

Case in point, you can use a Frankenstien in your film which is public domain, but not Boris Karloff's Frankenstien which is owned by Universal Studios. Same goes for Dracula. Dracula Yes. Lugosi. No.

The question though is whether Jason's look is trademarked and not just his name or whether Jason's persona is enough of a celebrity to be parodied.

This is for the legal department to decide.

Don't worry, a producer won't pan your script for having that in there. I would write it the way you did and if they want to change it they will.

If you want to make it yourself, then call a lawyer.

[Boo_Radley]

Word.

Write what you want to write. Let the guy who buys the script worry about clearances.

Of course, keep in mind that perhaps the guy who buys the script won't WANT a guy dressed in a Freddy Krueger outfit and prefers instead to have someone in a Michael Myers fright mask straight out of Halloween. Either way, it's his problem to get clearances. You're just the writer.