Mentioning facebook and twitter

Real simple, Am i allowed to mention facebook and twitter in my short film if i want it to be eligible for film festivals? Might be a stupid question, but just wanna cover myself.
 
It would be just a quick mention of a musician promoting his facebook and twitter on stage. (Check me out on facebook and twitter is about all he would say). Is that okay?
 

directorik

IndieTalk's Resident Guru
indiePRO
I'm not sure on the legality of it, but it might be better to rewrite the line as something like 'check us out online, www.[bandname].com!' just to be safe.
I am sure of the legality of it. You can mention both of them.

Why would you get in trouble for that? Mentioning their name some way other than negative to them is free advertising.
This is not an advertising issue at all. It is freedom of speech. Even if
you mention them in a negative way it is legal. People often confuse
the right to copy (copyright) with the right to speak freely. Two very
different things. In fact, if one were to make an argument that
mentioning "facebook" in a movie is advertisement, then "facebook"
could have a legal leg to stand on to keep you from doing their advertising.

Then there is the question about the rules of a festival. Legally you have
the right to have a character say both "twitter" and "facebook" out loud,
but a festival has the right to not accept your film if they feel you have
violated their rules. Read their rules.
 
I am sure of the legality of it. You can mention both of them.


This is not an advertising issue at all. It is freedom of speech. Even if
you mention them in a negative way it is legal. People often confuse
the right to copy (copyright) with the right to speak freely. Two very
different things. In fact, if one were to make an argument that
mentioning "facebook" in a movie is advertisement, then "facebook"
could have a legal leg to stand on to keep you from doing their advertising.

Then there is the question about the rules of a festival. Legally you have
the right to have a character say both "twitter" and "facebook" out loud,
but a festival has the right to not accept your film if they feel you have
violated their rules. Read their rules.

*This isn't legal advise, just experience*

Things being "right" and "legal" doesn't keep you from being sued.

It also doesn't make the fees charged by your lawyer any cheaper.

That lesson, I have learned the hard and expensive way.

When it comes to items or names or images that are trademarked or copyrighted, it is best to tread lightly.


Now, if that name, item, or image is crucial to your project and worth any potential fight, then go for it.
 

directorik

IndieTalk's Resident Guru
indiePRO
*This isn't legal advise, just experience*

Things being "right" and "legal" doesn't keep you from being sued.
I apologize for being misleading. I can’t find where I suggested
one cannot be sued but you clearly got that from my post. Anyone
can sue anyone for anything. That does not mean it is in any way
illegal or not right to have a character in a movie say the name of
a company like “facebook”.

Images and trademarks are not part of the question so I deliberately
didn’t mention either. The question was about mentioning “facebook”
and “twitter” in a movie. It is legal to mention both. It is legal to have
a character in a movie say “facebook” and/or “twitter”. That falls under
free speech.

Cyguns, what lesson did you learn the hard way? Were you sued by
a company because a character in one of your films said the name of
the company?
 
Am i allowed to mention facebook and twitter in my short film if i want it to be eligible for film festivals? It would be just a quick mention of a musician promoting his facebook and twitter on stage. (Check me out on facebook and twitter is about all he would say). Is that okay?
You're not disparaging them in any way, unless maybe the band was really unsavory. As long as it's not a death metal band and the singer is molesting under aged girls and snorting coke.
As a rule you should just avoid these potential problems anyway. Better to have 0% chance of increasing errors and omissions insurance.
 
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