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Movie images, descriptions and video clips

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malinco

Junior Member
Hello,

I work for a publishing company that would like to create a bracket based voting campaign around the best "engineering" movie. Our site operates in the US but has a global audience. We make a profit on our sites through advertisements and sponsored content.

In our bracket campaign, we would like to include 1 image of the movie cover or a still shot so that users can identify with the movie visually. From what I have gathered it seems that doing so would be illegal without permission from each movie rights owner.

What about if we did not use any images or media from the movie and instead included the name to vote on only? A brief description of how the movie qualifies for our specific voting would also be included. We plan to provide links back to the movie websites and to the IMDb profiles.

Thank you
 


FlyingRon

Senior Member
Names are not protected by copyright. They may (and often do) have trademark rights, but as long as you are not creating a confusion or diluting their mark (unlikely) you're free to use them.
 

Zigner

Senior Member, Non-Attorney
Shouldn't a bona fide publishing company have an IP attorney on staff or on retainer?
 

malinco

Junior Member
Shouldn't a bona fide publishing company have an IP attorney on staff or on retainer?
yes you are correct, it is currently in the queue for review by our internal legal team. I was just looking for some quick advice so i can start planning the campaign accordingly.

Thank you for providing quick feedback.
 

quincy

Senior Member
What state are you in, malinco, or, if not in the U.S, which country are you and/or your publishing company based?

It is safest legally, when using stills from movies, to acquire permission from the rights-holder, although it can potentially be considered a fair use of copyrighted material. It depends on the purpose. Linking can be trickier. Some countries have found linking to be infringing. In the U.S., "deep" linking (or linking to something other than a website's home page) has given rise to some suits in the past.

Because law is fact-specific, it is best to have the facts of your use reviewed by a publishing law professional in your area. I would rely on your internal legal team and not on an internet forum for advice.
 

malinco

Junior Member
What state are you in, malinco, or, if not in the U.S, which country are you and/or your publishing company based?

It is safest legally, when using stills from movies, to acquire permission from the rights-holder, although it can potentially be considered a fair use of copyrighted material. It depends on the purpose. Linking can be trickier. Some countries have found linking to be infringing. In the U.S., "deep" linking (or linking to something other than a website's home page) has given rise to some suits in the past.

Because law is fact-specific, it is best to have the facts of your use reviewed by a publishing law professional in your area. I would rely on your internal legal team and not on an internet forum for advice.
We are based out of NYC.

Thank you for your quick response. I will wait for our legal team to provide feedback on our project.
 

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