Legal Question in Intellectual Property in California

Holiday Card Copyright Infringment?

I created a satirical holiday card using a still from a famous movie (replacing the lead actor's face with that of my boss). We want to send it out to our clients as the official company holiday gift card this year. We're not selling it, but using it as a gag gift. Is there any possibility of legal trouble if we choose to do this?


Asked on 11/15/07, 9:29 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Holiday Card Copyright Infringment?

You'd need to obtain the rights from the movie studio or distributor that owns the film in question, and possibly from the actor (or actor's estate) whose photo is involved. You also might have to deal with SAG (*Screen Actor's Guild) and pay some re-use fees or residuals.

For my money, better to look for a good Substitute image in an image-bank (like Getty Images) and do the photoshop on that! The downside risk is too great.

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Answered on 11/19/07, 5:52 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Holiday Card Copyright Infringment?

Probably you would get away with it, but do you really want to bet your job? Maybe you can license the image from an image licensing company.

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Answered on 11/15/07, 10:20 pm


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