Using Blockbuster in a film

Kenny Williams · June 18, 2016

I am producing a student short this summer, and it takes place in the late 90's. I was wondering if anyone could point me in the direction to see if we can use blockbuster. I've spoken to a few copyright lawyers the ones I can get to call me back, and they said since it is out of business we should be ok but they aren't sure. Does anyone know where I can go or who can talk to and find out for sure?

Heikki Repo · June 18, 2016

I am producing a student short this summer, and it takes place in the late 90's. I was wondering if anyone could point me in the direction to see if we can use blockbuster. I've spoken to a few copyright lawyers the ones I can get to call me back, and they said since it is out of business we should be ok but they aren't sure. Does anyone know where I can go or who can talk to and find out for sure?

If you refer to the video rental business I'd be careful. Apparently there are still some franchised stores left in operation around the US: https://en.wikipedia.org/wiki/Blockbuster_LLC#2011.E2.80.93present:_Kelly_era.2C_bankruptcy

Bill DiPietra · June 18, 2016

Clearly, the business is still in operation. I would start here...

http://www.blockbuster.com/contactus.html

Kenny N Suleimanagich · June 18, 2016

Since Dish Networks owns them now, you might want to start with their legal department.

Bill DiPietra · June 18, 2016

I am producing a student short this summer, and it takes place in the late 90's. I was wondering if anyone could point me in the direction to see if we can use blockbuster.

By the way - will this be a visual reference or a verbal one? And will this be shown anywhere outside of a classroom? If not, I really wouldn't bother with all sorts of clearances.

Landon D. Parks · June 18, 2016

Very few lawyers will agree in this area. It's basically a 'maybe' situation because it depends on what you intend to USE their image for. Even if it's still an active company and still in use a trademark (which it is), that does not mean that you always have to get permission from them to use it. So much depends on how you use it. If it's just a casual reference like 'we are going to blockbuster', and you don't paint them in a bad light - then this would most certainly be fair use under my understanding of fair use. However, it's a whole other ballgame if your movie takes place entirely within a blockbuster store or uses their branding and trademarks as a central part of the movie.

You really need to get with a good IP attorney and explain to them exactly what you intend to use their trademark for. They should then be able to better explain rather you need permission or not.

Edited June 18, 2016 by Landon D. Parks

Max Field · June 19, 2016

Whatever you do, do not claim "free advertising". That can get your in more trouble than what you started with.

Kenny Williams · June 23, 2016

By the way - will this be a visual reference or a verbal one? And will this be shown anywhere outside of a classroom? If not, I really wouldn't bother with all sorts of clearances.

Yes it will be screened in a theater and submitted to festivals, but it is a mention of it a character needs to return a movie to blockbuster and holds up the vhs case with the logo.

JD Hartman · June 23, 2016

Is Blockbuster key to the story? If not, invent the name of a video rental store and paste on the box.

Edited June 23, 2016 by JD Hartman

Landon D. Parks · June 23, 2016

What JD said is your best bet. It doesn't appear that Blockbuster is really essential to your story, and the easiest way to ensure you don't run into any trouble is to avoid using trademarks if at all possible. In some cases if you don't get the correct clearances you won't be able to get E&O. Best to just invent something like most movies do.