Winging it and hoping you won’t get caught-or that your use will be considered fair use-is much riskier. Asking for permission settles the question then and there. I could continue, but I think you get the point. The use of a quote that is inextricably tied to them could impinge their right not to have unauthorized commercial uses of their name, likeness or other recognizable aspects of their personality used. Everyone, celebrities and lay people alike, have the right to control their public image. There’s also the matter of whether the quote could possibly infringe the publicity rights of the figure you’re quoting. Even if you figure out the applicable law, the way you use the quote matters greatly.īut the analysis doesn’t end there. The case against Sony was dismissed because, among other reasons, the quote was such an insignificant part of the film that the judge couldn’t see how Faulkner’s estate was harmed by Allen’s use of the quote. In 2013, the William Faulkner estate sued Sony for paraphrasing a line from his novel Requiem for a Nun in the Woody Allen film Midnight in Paris. MOVIE QUOTES ABOUT ENDINGS MOVIEBut if the quote isn’t “fixed in a tangible medium of expression”-that is to say, it was merely said as opposed to written down-then copyright law doesn’t apply anymore, and you’re back to square one.Īnother thing we lawyers would consider: What’s the context of your use? If a character in your movie merely utters the quote in passing, it’s different than if the quote is the central thesis of your film. Charles Foster Kane’s immortal last word, “rosebud,” in Citizen Kane may only be a single word, but its inherent meaning within the film (it drives the entire plot) and the fact that it was written into the screenplay make it significant enough to qualify for copyright protection. The nature of the quote, its purpose, its originality, the medium it appears in and its context are all incredibly important when considering which laws apply. Length isn’t the only relevant factor either. So if the quote you want to use is too short to qualify for copyright protection, but not used in conjunction with a business, what law, if any, applies? Or, to be reductive about it: Copyright = Art Trademark = Commerce However, trademark law only applies if the quote is designed to identify a good or service. Instead, short quotes will more likely qualify for trademark protection. For example, copyright law typically doesn’t protect short slogans or phrases because there isn’t the requisite level of artistic expression. Quotes are absolutely considered intellectual property, but the type of intellectual property depends on a variety of factors. Simply getting your movie seen can be impossible if you’re not careful.įurther complicating matters is the fact that the law surrounding this stuff isn’t cut and dried. Most movie studios won’t buy or distribute your movie if there are any issues that could open them to liability (at some point, the studio will have lawyers do a review specifically to look for those issues) and most festivals won’t screen it either if you can’t prove you’ve acquired all the necessary licenses. Remember too that the film industry isn’t run by creative people. After all, why run the risk of guessing and then getting sued when you can simply ask and get a straightforward answer? It’s always easier to ask permission than to beg forgiveness later. We don’t like loose ends or vagueness, so we will always tell you to get permission, even if using the quote wouldn’t necessarily open you to liability. Lawyers tend to be conservative creatures. Are quotes considered intellectual property and if so, would I need legal permission to use one?Īs a general rule, if you have to ask “do I need legal permission,” the answer is almost certainly yes. Q: I’m making a film and I’d like to use a quote from a famous person in the script.
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