Real Corporations/Entities in a Screenplay.

Hobbledehoy · Jul 28, 2007

Can you use an existing Corporation name in a script? Such as.

//////////////////////////////

MIKE
Let's get a bite to eat.

DILLON
From where?

MIKE
From McDonald's, bitch.

/////////////////////////////

zeprosnepsid · Jul 28, 2007

If you're not planning on making the film yourself, then it's not something I would worry about. If it's just a screenplay you hope to sell to someone else then it's really not your problem.

dpaterso · Jul 29, 2007

Short answer, yes, since it obviously exists in the real world. But if you're making fun of the situation or the food, make something up instead.

DILLON
I could do with a bite.

MIKE
I know just the place!

EXT. GREASY COW BRAINS DINER - DAY

Logo: a grinning cow with bug-out eyes.

INT. GREASY COW BRAINS DINER - DAY

A WAITRESS wearing a cow's head with horns brings Mike a monster-size burger.

WAITRESS
One Gigantic Megacow Greasyburger.
Moo moo!

Mike picks the monster burger up with both hands.

MIKE
You sure you don't want
something?

DILLON
I'll pass.

Mike takes a bite, spattering Dillon with yellow grease.

MIKE
This truly is the food of the gods!

DILLON
I'm gonna barf.

-Derek

Mac H. · Jul 29, 2007

How could you miss the opportunity for a 'Buffy' reference? Like the scene were Buffy applies for a job at the 'Double Meat' palace ...

MANNY: Why do you want to work here, Buffy? You seem like a sharp young woman, and there are a lot of other jobs.

BUFFY: Well, I-I kinda need money pretty quickly, like, today, and, and so I didn't want to go through a lengthy interview process, and I figured this was probably the fastest... way... to...

She pauses as she catches sight of Manny's stern face.
BUFFY: Be...cause I ... wanted to be part of the DoubleMeat experience

Click to expand...

Mac

dpaterso · Jul 29, 2007

That's kinda stretching things a little, don'tcha think? Considering they didn't have any meat in their burgers!

-Derek

javili · Jul 29, 2007

I have heard that the 7-11 corporation will sue anybody that depicts their stores, esprcially if they are being robbed.

Since hearing that I've noticed that I have never seen a 7-11 in a movie or TV show.

Hillgate · Jul 29, 2007

Unless it's essential to the plot take it out because if it gets optioned and goes into production then script clearance will have something to say about it even if it's innocuous.

Unless it's crucial to your story - in which case you DEFINTELY shouldn't use it - then don't use it.

In other words, don't do it. Make it all up.

dpaterso · Jul 29, 2007

I guess everybody has different opinions.

Colt Gun Salesman: Where'd you learn to shoot like that, son?
Marty McFly: 7-11.
~Back to the Future Part III (1990)

Children: A Pizza Hut! A Pizza Hut! Kentucky Fried Chicken and a Pizza Hut! A Pizza Hut! A Pizza Hut! Kentucky Fried Chicken and a Pizza Hut! McDonalds! McDonalds! Kentucky Fried Chicken and a Pizza Hut! McDonalds! McDonalds! Kentucky Fried Chicken and a Pizza Hut! I like food! I like food! Kentucky Fried Chicken and a Pizza Hut! You like food! You like food! Kentucky Fried Chicken and a Pizza Hut!
~Super Size Me (2004)

-Derek

scripter1 · Jul 29, 2007

Super size me

was a sudo documentary
and Back to the Future was making a very slight cultural refererence, having very little to do with the actual business of 7-11.

He COULD have said anything, The Gas and Grab, or the Bag and Go, etc.
Would have made sense storywise but wouldn't carry quite the cultural punch.

At the time, 7-11 was the big name in convience stores and kids would hang out there to play the brand new video games. The idea was kind of new for the 80's.

Then again, probably some of us cared because we lived next to 7-11's ( and bought cherry slurpees every time we passed one. Yummy) and then others it didn't mean a thing.

Look, it's a crab shoot.
Some businesses might care while others don't. If it ISN'T vital to the story then don't waste time with a non issue.

If it IS VITAL to the story then let the legal dept worry about it.

And while we are throwing out movie names how about "What's their names go to White Castle" ?

Ragnarok · Jul 29, 2007

Unless they're presented in a demeaning way, I doubt a lot of companies would mind... It would be more like the other way around.

Now I've read quite a few reviews of recent movies pointing out excessive/awkward brand or product placement. That sort of thing always irks me as a moviegoer.

Mac H. · Jul 29, 2007

javili said:
I have heard that the 7-11 corporation will sue anybody that depicts their stores....

They probably do send a rude letter, but that's about all they could do.

There's an amusing feature of trademark law that makes it essential in some cases for the lawyers to send rude letters telling you to stop (or to use the correct capitalisation) .. even if the trademark holder enjoys the exposure.

For example, if someone uses 'Kleenex' as a word for 'tissue' in a movie, the Kleenex lawyers are basically obliged to send a letter telling the film company not to do it ... even if they LIKE the reference. (You are free to ignore them ... but they have to ask)

It is because a competitor might go to court and claim that 'Kleenex' is just a generic term for 'tissue' .. so they should be allowed to sell tissues under that name. To defend against that, Kleenex have to show that they have worked to protect their trademark from coming a generic term .. even if they actually like the exposure!

A massive file of letters is a good way of showing that they've tried to stop the trademark becoming a generic term.

Mac

javili · Jul 29, 2007

I have heard of the Kleenex thing. I know you can't be sued for it. (Maybe, I sometimes get the idea that Americans sue each other for sneezing)]]

But I'm talking about something different. My memory of the article is hazy now, but it had to do with associating a brand name with crime.

On the other hand, there is the quote from Fox (NOT the ex-president one) so, hmmm.

But maybe they could claim that he meant using video games. I don't know. I just know you never see 7-ll's being held up in films.

Mac H. · Jul 29, 2007

javili said:
My memory of the article is hazy now, but it had to do with associating a brand name with crime.

.. I just know you never see 7-ll's being held up in films.

I'm sure 7-11 does try to stop the association.

They could easily have a store policy of not allowing filming those types of scenes in their stores. So you'd have to created your own set from scratch ... and why bother with the legal hassle when the audience doesn't care?

However, they can't just ban all negative associations in films. For example, a quick google of scripts on my hard-drive shows:

Erin: They're scarred for life. They're gonna start holding up 7-11s now.
(From 'Erin Brokovitch')

WAYNE (V.O.): They started off robbing 7/11 type stores and gas stations and later graduated to banks and the big time
(From 'Natural Born Killers')

Mac

Hillgate · Jul 30, 2007

For all the movie references to corps there are ten times as many which have already been excised before you see the movie.

It will only hold up the process: don't do it. The Marty McFly joke wouldn't get clearance now, and the other quote is just a list, so no-one would care because no-one's singled out and the purpose of the quote is clear ie FAST FOOD.

Most movie characters have odd-sounding names because of script clearance. Most corporations do too: Eddie Murphy in Coming to America gets away with 'McDowells' because it's so obviously a total rip-off joke and actionable in law: it was a self-knowing reference, if you like.

This is a no-brainer: don't use corporation names, don't put in real songs, (ie 'Comfortably Numb' plays over the tannoy), don't name your characters after someone you know, don't diss small places (like your local village) unless you want to move home quickly...

...life's hard enough without making it even more difficult for yourself. You're a writer. You're ingenious. Think of a way round it before the producer sees it or believe me they'll be tempted to cut cut cut....

Hillgate · Jul 30, 2007

...and once the cuts begin...

javili · Jul 30, 2007

...they cut to the chase?

zeprosnepsid · Jul 30, 2007

Hillgate said:
This is a no-brainer: don't use corporation names, don't put in real songs, (ie 'Comfortably Numb' plays over the tannoy), don't name your characters after someone you know, don't diss small places (like your local village) unless you want to move home quickly...

I agree about the songs, naming characters and dissing anything but I really don't think the corporation thing is a big deal. You should change names if you are going to slander anyone (and holding up the store probably counts as a cousin of slander), but if you are just mentioning it like a regular person would then it really doesn't matter.

If you look at the example in the first post, I think that's more than fine. If you make up a place you run the risk of confusing your reader. Also, you may make more work for yourself because you might have to set up that 'Joe's' is a fast food-like restaurant that everyone in your world is familiar with. Why bother?

The producer will cut it if they think it's a problem, so what? Let them. But write your script the way you want to and let the Producer tell you to change it to Wendy's because that's who they have a deal with. Or change it to 'Joe's' because they passed it through legal and there is a concern. It's not part of your job as a writer to worry about this.

Unless it's obvious slander and plays a large role in your script, no one is going to not pick up your script because of a passing reference.

Hillgate · Jul 30, 2007

zeprosnepsid said:
It's not part of your job as a writer to worry about this.

Au contraire, I think it is.

javili · Jul 30, 2007

don't put in real songs, (ie 'Comfortably Numb' plays over the tannoy)

Nothing wrong with this, nothing illegal, done all the time.

In fact a lot of books are NAMED after songs. I can think of several writers who give all their books song titles. And many more in which music plays a big role, including the songs people are listening to.
Where did you get this idea?

zeprosnepsid · Jul 31, 2007

You are really not supposed to put known songs into your script. There are a number of reasons for this. One is the fact that it's not done and looks very unprofessional. Two is they have to be licensed. Three is that Directors really hate you telling them what music to put in a scene.

(Jobs in the film industry are very clearly delineated and any stepping on someone else's turf is very much frowned upon. Gaffers set the lights, but the grips hold the flag. The camera department deals with the camera, but can't push the dolly.... )

If the song is very very pivotal to the scene, you can maybe get away with writing it in there but probably not even then. If the song is not absolutely, positively pivotal and you write it in, the reader will stop reading (I know I did when I was a reader).

If music is necessary in a scene, be vague: DISCO music played loudly. Or some such.

P.S. This is something that known screenwriters can maybe get away with, but is not acceptable in a spec script.

scripter1 · Jul 31, 2007

The problem

with music is that the writer doesn't own the music or the words.
Human nature is to assume that what ever is in a film is part of the film, that everyone agrees with the ideas of the film.

Singers and songwriters OWN those works and MAY not want to be involved with YOUR story. Regardless of the reason.
SO, you write in a song, the owner wants to get PAID for it.
The rights aren't likely to be available, or may be to pricey.

Hence, it is a "rule" that you don't have a song be vital to your story.
If you can't get the rights then your story is screwed.

If the song ISN'T vital to the story, then why bother?
It's a non issue. A generic ref will work.

Where did we get the idea?
From studio heads, readers, and pro writers who are in the know and have answered this question a zillion times on message boards.

Real Corporations/Entities in a Screenplay.

Hobbledehoy

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