Name clearance

[Marta]

Greetings everyone,

I have read that I should obtain name clearance for names used in a movie. I know there are companies that specialize in obtaining all the clearances necessary for the E&O insurance however at present I wouldn't be thinking of using their services.

I would like to know the following, if anyone has an answer:

1. If I give my character a name belonging to someone I know and obtain a release form from that person, even if the movie is not based on that person's life/characteristics etc., does that solve the issue?

Would the answer be different in the event that other people would have that name and it would be easy to establish (e.g. via Internet search)? What if I never find out other people exist with the same name?

2. If I happen to use a name belonging to somebody else without their permission but I don't know a person and I am not basing my character/script etc. on that person's characteristics, life etc., should that do it for the E&O insurance?

After all, I may not even be able to establish that someone has that name and yet such a person may well exist. There may even be similarities between them and my character or their life and my script .

Would the answer to question no. 2 be different if a person's name/contact information is to be found on the Internet at the time of filing a claim for a copy right and if it not to be found? I am mentioning the Internet since I think it may be considered the most accessible source of information. I don't even know what other sources I should possibly use.

Are there other considerations here that I should know about?

Thank you!

Marta

 

[Blade_Jones]

If I happen to use a name belonging to somebody else without their permission but I don't know a person and I am not basing my character/script etc. on that person's characteristics, life etc., should that do it for the E&O insurance?

How common is the name? Search ZabaSearch.com and find out.
Let's say the character's name is Bob Smith and the character is a lawyer in Los Angeles. Search some phone directories and the Internet and see if there's any lawyer by that name conducting business in Los Angeles.
Also search trademarks and see if that name is trademarked for providing legal services, etc.

 

[Marta]

Thank you very much!

Specifically, I would not think of checking the name for being a trademark. I remembered that e.g. titles while not protected by copy right can be trademarks so one should be careful, now I will remember to check for trademarks too. I also haven't heard of ZabaSearch before.

Thanks!