But the law says so

A

Alien X

Hey there, me and some friends are about to make a webseries. My question is that if we use the name of famous people like Chris Angle or Gene Simons, or the names of famous books and movies will it result in us getting sued?

Or is there such a thing as free speech.
 
if we use the name of famous people like Chris Angle or Gene Simons, or the names of famous books and movies will it result in us getting sued?
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Context is everything. You didn't frame your question within context.

is there such a thing as free speech.
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Sure there is. By the sounds of it, this isn't a free speech question. This is a trademark and/or a right to publicity infringement question.
 
Alien X said:
.............
Or is there such a thing as free speech.
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Using a famous and/or trademarked name in a work of fiction is not an opinion, it is 'stealing intellectual property'.
Freedom of speech (at least in The Netherlands) is mostly about opinions to give people the freedom to disagree with each other and the people in power without getting arrested/killed.

To really know what you can or can't do without getting into trouble, you'd better ask a lawyer who is an expert on this topic. Most, if not all people on IT are unqualified to give such legal advice, although some may have experience with the same topic.
 
Alien X said:
is there such a thing as free speech.
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If by free speech you mean that anyone can publicly say anything, then no, there is not now, nor has there ever been (or ever likely to be) completely "free speech". While there's no such thing as completely free speech there are of course varying levels of freedom and in "western" countries (which generally have the highest levels of speech freedom), the freedom of speech is generally limited by other rights/freedoms which take precedence. As Sweetie said, in most cases it comes down to context.

G
 
Your project will most likely never even be noticed by a lawyer or entity that cares.

I'd say go for it. If a letter arrives in your mailbox threatening to sue, go for Fair Use.

Culture references are generally okay, also if in anyway a negative viewpoint it falls under parody if you can call it a joke (even if it'd be considered not funny at all)...

Watch some South Park... during scripting they have the two writers (plus whatever guest main writer they have currently) and their entertainment attorney. They know what is legal to say... and if they can say it, so can you.

[Although like Walter said, I'm not qualified to give legal advice XD ]
 
Alien X said:
Hey there, me and some friends are about to make a webseries. My question is that if we use the name of famous people like Chris Angle or Gene Simons, or the names of famous books and movies will it result in us getting sued?
Click to expand...
Yes, you can use the names of famous people or the names of
books and movies. If you use these names in an unlawful way
you are opening yourself to a lawsuit.

For example; A character in your movie can say, "Did you see
Gene Simmons in Detroit Rock City?" The name of a famous
person and a movie.
 
Don't make allegations, as in the famous person was a thief, because, if you do so, you may be sued for defamation. This is a specialized area of law, and you have to get a local attorney who specializes in it, particularly an entertainment lawyer who also knows defamation law.
 
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