Copywrite Question

[Beatlesfan1225]

If you mention a celebrity in your film in a joke, one that's derogatory towards said person... can you run into copyright trouble? I didn't think so because if that was the case South Park wouldn't have made it past it's 3rd episode, but Paris Hilton also sued Madden 09 a few years ago because one of the announcers in the game made a joke about her... Just curious, I don't want to do anything I'll regret in filming. Thanks !

Edit-
Now that I think about it that isn't really a copyright issue as much as a legal issue, but still I'd like to know

 

[chilipie]

You are correct, it's nothing to do with copyright law, it'd be libel (or possibly defamation - I've read a fair bit about British libel law, but I'm not at all familiar with the US version). As with all these things, if you really think it might be a problem then consult a proper lawyer.

 

[Beatlesfan1225]

You are correct, it's nothing to do with copyright law, it'd be libel (or possibly defamation - I've read a fair bit about British libel law, but I'm not at all familiar with the US version). As with all these things, if you really think it might be a problem then consult a proper lawyer.

Anyone familiar with the US law?

 

[directorik]

Anyone can sue for anything.

What you are asking about is (as chilipie mentioned) libel,
not copyright. Copyright is the right to copy - saying a
persons name out loud in a movie is not a violation of the
right to copy. Many of the people mentioned in "South Park"
episodes have sued. The libel and defamation laws are fairly
clear so more often than not the law suit is dismissed. But
anyone can sue for anything.

 

[wheatgrinder]

the cost of defending against possible suits is why folks shy away, likely you can win in court, but you still pay for a lawyer etc..

 

[Alcove Audio]

As a celebrity their name may be used as they are, to some degree, public property. The issues are going to be did the reference injure their image or their career, or cause personal or financial harm. For a show like South Park they have a team of lawyers already in place, and they probably welcome the publicity. This is not your situation; you don't have the financial wherewithal to fight such a suit, although the publicity probably wouldn't hurt.

 

[Beatlesfan1225]

Thanks for all the responses... I think the Sarah Jessica Parker horse face joke won't make it into the movie... haha thanks!