Entertainment Archives

24Mar 2022 by bhandlaw

Can I Legally Use The Image of a Famous Person (Who’s Dead)?

Entertainment, Lanham Act, Name, Image, Likeness, Trademark

Every so often, I'm asked by clients and prospective clients alike whether or not it's permissible for them to use the name, image, or likeness ("NIL") of a celebrity or famous person who now happens to be deceased. This question was asked of me the other day by clients who wanted to put the face of, oh, let's just say, Che Guevara, on an article of clothing with some meme-worthy text. Delightful, right? I mean, what's the big deal; he's not going to complain, right? The Right of Publicity Unfortunately, while the famed Marxist revolutionary might not be around to complain, his estate or heirs likely are. There is a thing in the law known as a person's right of publicity, which basically deals with one's right to monetize or…

19Aug 2021 by bhandlaw

5 Ways to Protect Your TV Show (or Film Script) Idea

Lately, I’ve been fielding questions from aspiring script- and screenwriters (most recently from an old high school classmate and, before that, a colleague of mine who is apparently more creative than most of us!) who have asked me, “How can I protect my new TV show or movie idea?” In this post, I’ll go over what I usually tell these creative types in advance of their “pitch” to a producer, studio, or some other (actual or perceived) Hollywood insider they’ve managed to get in front of. Can Ideas Be Protected? Before we dive in, you need to understand one thing-- ideas (in and of themselves) cannot be protected. In fairness, it’s not just the script- or screenwriter hopefuls that sometimes hold this mistaken belief. I hear it at least a…

11Feb 2021 by bhandlaw

How Do I Trademark My Book Title?

Entertainment, Trademark, Trademark Infringement

Stacked Books by Thought Catalog from Pexels Every now and then, I'm asked by aspiring authors, songwriters, film makers, and other creative types, “How do I trademark the title of my book [or song, movie, etc.]?” In this post, we take a look and answer the question of whether titles to books can even receive trademark protection and how you can possibly protect the economic value of that awesome book, song, or painting title of yours. Ben's Note: For purposes of this post, I will keep things simple by referring to titles of books, but, for the most part, you can extrapolate these ideas to whatever work you’ve created, e.g., new song, photograph, YouTube video, etc. Can I Trademark My Book Title? First off, let's eliminate the suspense. In general,…

21May 2020 by bhandlaw

Best Practices for Social Media Celebs and Influencers after FTC v. Teami

Celebrity, Entertainment, Online Advertising, Social Media

Influencer by geralt. Pixabay License (image cropped) If you're a business that uses paid-endorsers and social media influencers as part of its marketing strategy, are you ready for elevated scrutiny by the Federal Trade Commission? The recent settlement reached between the FTC and health-focused teas and skin care maker Teami, LLC offers some clarity and guidance for social media advertisers hoping to stay out of legal hot water. The Background Section 5 of The Federal Trade Commission Act (15 U.S.C. § 45(a)) makes “unfair or deceptive acts or practices” in interstate commerce illegal. When it comes to product or service endorsements, Section 255.0 of the FTC’s Endorsement Guides provides that the connection between advertiser and endorser must be “fully disclosed” where the connection between the endorser and the advertiser might…