3 years, 1 month ago
Trademark and publicity law for startup video
I am making an introduction video for my startup. If I show a section that says "steve jobs and steve wozniak, Apple, 1980" and impersonate a younger Woz banging a circuit board with a hammer and yelling loudly, I'll get sued for impersonation and trademark infringement, yes? For this and any other similar scene, yes? I understand that any answer does not constitute legal advice and is not a substitute for professional legal advice.
Separate topics with commas, or by pressing return. Use the delete or backspace key to edit or remove existing topics.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$1 Answer
Short of suggesting you hire a lawyer, you need to make this site your best friend: http://fairuse.stanford.edu/ and more specifically: http://fairuse.stanford.edu/web_resources/multimedia_web_sites.html
They can direct you to various areas of the copyright law.
But, based on your intended use, it would be considered "parody", and therefore you would have a reasonable DEFENSE, not a RIGHT to fair-use of Woz's likeness. Of course, you could always make a reasonable attempt to contact Woz, clearly explaining what you'd like to do, and get his permission in writing if you're that leery about being sued.
Impersonation is mostly used for prosecution when you are deliberately and willfully presenting yourself as another person with the intent to commit fraud against a third party.
Each state's law may be worded slightly different, but you get the gist of it. If you were do go out in the world and attempt to speak at conferences or sign checks as Woz, you'd get pinched for impersonation and a stack of other charges from the city / state / federal prosecutors office in an attempt to get one or more to stick.
They can direct you to various areas of the copyright law.
But, based on your intended use, it would be considered "parody", and therefore you would have a reasonable DEFENSE, not a RIGHT to fair-use of Woz's likeness. Of course, you could always make a reasonable attempt to contact Woz, clearly explaining what you'd like to do, and get his permission in writing if you're that leery about being sued.
Impersonation is mostly used for prosecution when you are deliberately and willfully presenting yourself as another person with the intent to commit fraud against a third party.
Each state's law may be worded slightly different, but you get the gist of it. If you were do go out in the world and attempt to speak at conferences or sign checks as Woz, you'd get pinched for impersonation and a stack of other charges from the city / state / federal prosecutors office in an attempt to get one or more to stick.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$Report Abuse
