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Can I make references to Celebrities, Songs, Movies, or Bands?

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VaguesPacific

Junior Member
What is the name of your state (only U.S. law)? Washington

I'm writing a book and a screenplay, and also write music lyrics. When can i make references to a celebrity, band, movie or a song as a cultural reference?

Like: In my book, if i want to say a character listens to Nirvana to help define them, for cultural relevance; or make a reference to a celebrity as comparison ("snaps like the Fonz"). Or, as many artists do in hip-hop, on countless occasions, make a quick artistic reference using someone's name, or the name of a movie ("I Die Hard like Bruce Willis").

And, is it ok as parody?

Do the Fair Use clauses/1st Amendment trump their rights as public figures to be discussed in artistic works?
 


You can mention these folks and their influences anytime you like ... its a historical reference. As long as you don't try to publish their work, you're fine.
 

quincy

Senior Member
This is to affirm the response given you by Free_Advice. Your proposed uses of famous names and movie titles and song names and band names in your books or songs or screenplays are fine if they are used to add context and color to your work. Names are not copyrightable.

What would not be okay is to use famous names to attract attention to your work (in a promotional or advertising context) or to use copyrighted works in your own work (or too much, at any rate). How much is too much, however, is determined by a court after a copyright holder objects to your use, so it is always wise to get permission from a copyright holder before using any of their copyrighted material (ie, song lyrics, quotes from movies).

Fair use is a defense to copyright infringement. It is not permission to use another's copyrighted work. A fair use defense is used when a copyright holder takes exception to your use of their copyrighted material and sues you for infringement. Whether your use is a fair one or not, therefore, is ultimately decided in court.

Creating a parody of a copyrighted work can be a fair use of copyrighted material. Whether a work is a parody of a copyrighted work, and therefore a fair use of copyrighted material, is also ultimately decided by a court after you are sued for infringement. Some works are judged to be a parody (for example, "The Wind Done Gone" was ruled a parody of "Gone With the Wind") and some works are not (for example, "The Cat NOT in the Hat" about the O.J. Simpson case was ruled not to be a parody of "The Cat in the Hat" but rather a trading off on the Dr. Seuss classic).

The First Amendment does not necessarily trump the privacy/publicity rights of a famous person. It would depend on the facts.

You would be wise to have your creative works reviewed by an attorney well-versed in publishing law prior to publication, to ensure your works do not infringe on anyone else's rights.
 
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