Legal Question in Entertainment Law in California

I made a music video for an independent band. Everything was shot non-union and locations have been cleared. However, there are roughly twelve frames of famous likeness and famous logo. The video is completely original and the frames in question do neither slander or promote said companies. I wish to begin distributing this video via iTunes, Amazon, etc, but I am concerned about copyright infringement and whether I will have to pay royalties on brief frames that depict logos and likenesses of known entities.

Basically can I have a Nike symbol for 1 second and half of Jimmy Hendrix's face on a poster for 3 seconds. Will I get sued selling this video on iTunes?

Thanks Guru!

-William


Asked on 3/16/10, 3:38 am

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Short answer: You need permission.

Long answer: You need permission, UNLESS there's an exception, available...

It's impossible to say for sure without a complete investigation of facts and law applicable to your specific film and situation.

You probably also need permission from owner of the copyright in the poster...

Read more
Answered on 3/21/10, 6:32 pm


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