I'm writing and possibly producing a low budget film in which comic books are a major theme. Is it illegal for me to use the name or image o...

Question

I'm writing and possibly producing a low budget film in which comic books are a major theme. Is it illegal for me to use the name or image of a specific comic? For example, can a character be reading an actual issue of Spiderman? Can she talk about the issue? Or do I have to create an imaginary comic to avoid copyright infringement?

Answer

To use a syndicated character (like Superman) in a movie, you need to get a license from the holder of the copyright and trademark rights for the use. That will cost you some bucks, but it is FAR LESS expensive than would be an infringement suit based on your failure to obtain the rights before you start the shoot.

Feel free to contact my office at 518-371-4599 to set up a phone appointment to discuss this further.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.