Legal character names?

[chris_rw]

Hello!

I'm wondering about the legality of having the nickname for a character in a film the name of a character from another film. So a character named 'Matt' would have the nickname 'Threepio' in this case and would be called that from time to time throughout the film. Is this ok to do? The film would be used in film festivals when completed.

Thanks!

 

[clive]

I know this may sound like an odd response, but it's probably the most useful one you'll get:

How important is it to your story that the character has this nickname?

If the story won't work without it, then that's pretty important... if it's just something you think is amusing then in real terms it's not.

The reason I ask this is that you've asked a question that seems simple, but probably isn't.

This is because I'm fairly certain "3PO" is a registered trademark, which means that it's usage is covered by a complex set of laws than in a straight copyright issue.

Now, chances are that you could do this and it's not going to be an issue, because the film never does any business and is as you say, just a festival film.

My rule of thumb for legal issues has always been, if in doubt don't do it... which brings you back to how important is it to your story.

 

[Filmmaker516]

Nice!

As Clive stated, (and I really couldn't have thought up a better answer myself...) if there is a doubt, which in your case there is, then don't do it.

My suggestion would be to call the character something else like 4po or something.

Idk just my two cents.

Good luck with your film though!

-Steve
Filmmaker516

 

[chris_rw]

Thanks for the responses everyone.

I'm a bit unsure what to do based on that. The name is fairly significant to a lot of jokes in my opinion, some of the best in the film. But thank you for the information, that does help a lot in making a decision!

 

[VPTurner]

He is not the droid you are looking for. Move along.

 

[Loud Orange Cat]

I look at it this way:

If there's any doubt in your mind that you MIGHT be sued over it, then it's best not to take the chance.

When I come up with names, I'll create something unique then Google it. If Google returns ZERO pages as a reference for that name, it's good to use.

 

[indietalk]

Put it this way. Do you want to put all of your time and money into something that may not be able to be released? Talk to an attorney if you are set on using it.