Is this "legal?" I was under the impression that any business or group sponsoring an Oscar-night party has to have specific permission from the Academy to use the copyrighted term "Oscar," picture of the statue, etc. I can't see any of that here.
You'll notice a lot of "Hollywood/Movie Awards Night" doings around town, though.
Gayle, Does that mean when I see Derek Lee hit a 2 run homer at Wrigley Field on WGN, I can't go to the bar and talk about it with the bartender because I would be disseminating the accounts and descriptions of the game with out the express written consent of Major League Baseball? Give me a break!
Really, Gayle? Honestly? A neighborhood business is trying to hold a nice event and you have to find something to complain about? I'm pretty sure the Academy has plenty of other things to worry about...besides a nice neighborhood bar...trying to get people to watch their show.
“Many people somehow view the Oscar as part of the American culture, part of the American identity and assume that the Oscar is free use. It's not, of course. It's both a registered trademark and copyrighted to the Academy. The Academy all the time sends polite reminder letters asking people who have used the Oscar for improper purposes to please don't do it again. However, every now and then, it is forced to file suit to protect its rights because under intellectual property laws, if you don't protect your rights, you eventually lose them."
THE NFL IS SIMILARLY AGGRESSIVE IN PROTECTING THE SUPER BOWL MARKS, EVEN GOING SO FAR AS TO PREVENT PEOPLE FROM USING THE WORDS "SUPER BOWL" IN COMMERCIAL MEDIA. HAS THE ACADEMY EVER TRIED TO CRACK DOWN ON, SAY, VANITY FAIR FOR HOSTING AN "OSCAR" PARTY?
No. The Academy doesn't have any problem if other organizations want to have parties in conjunction with the Academy Awards. The Academy's only concern in that regard is to make sure it's clear that whatever party is being conducted is not an officially sanctioned Academy event. And obviously the Academy wants to prevent the use of its marks in advertising such event.
BUT THERE ARE EXAMPLES OF THE ACADEMY CRACKING DOWN ON SMALL-TOWN PEOPLE WHO THROW PARTIES AND MAKE LITTLE CANDY OSCARS .
(Laughs.) We send out lots of letters and sometimes we're not aware of how big the user is. Again, it goes back the educational purpose of making sure people are not inadvertently led to believe that the Oscar is available to use by anyone.
Thank you, Toucan. I was not being snarky with my original post; I was being very serious. I know a thing or two about how big-time sports and entertainment entities are on the lookout for "unauthorized" use of their trademarks.
A few years ago a local church sponsored a party wherein parishioners could get together and enjoy the Special Big football game. The NFL reps actually found out about the real name they gave to the event, and gave word to the church that if this happened again, the Football Gods would get'em for it.
Crazy but true. Ask anyone with the last name of McDonald who wanted to open a family-named restaurant how that worked out.
Is this "legal?" I was under the impression that any business or group sponsoring an Oscar-night party has to have specific permission from the Academy to use the copyrighted term "Oscar," picture of the statue, etc. I can't see any of that here.
ReplyDeleteYou'll notice a lot of "Hollywood/Movie Awards Night" doings around town, though.
Gayle, Does that mean when I see Derek Lee hit a 2 run homer at Wrigley Field on WGN, I can't go to the bar and talk about it with the bartender because I would be disseminating the accounts and descriptions of the game with out the express written consent of Major League Baseball? Give me a break!
ReplyDeleteReally, Gayle? Honestly? A neighborhood business is trying to hold a nice event and you have to find something to complain about? I'm pretty sure the Academy has plenty of other things to worry about...besides a nice neighborhood bar...trying to get people to watch their show.
ReplyDeleteSome comments by David W. Quinto, a partner with Quinn Emanuel Urquhart Oliver & Hedges in Los Angeles who represents the Academy:
ReplyDeletelaw.com
“Many people somehow view the Oscar as part of the American culture, part of the American identity and assume that the Oscar is free use. It's not, of course. It's both a registered trademark and copyrighted to the Academy. The Academy all the time sends polite reminder letters asking people who have used the Oscar for improper purposes to please don't do it again. However, every now and then, it is forced to file suit to protect its rights because under intellectual property laws, if you don't protect your rights, you eventually lose them."
reuters.com
THE NFL IS SIMILARLY AGGRESSIVE IN PROTECTING THE SUPER BOWL MARKS, EVEN GOING SO FAR AS TO PREVENT PEOPLE FROM USING THE WORDS "SUPER BOWL" IN COMMERCIAL MEDIA. HAS THE ACADEMY EVER TRIED TO CRACK DOWN ON, SAY, VANITY FAIR FOR HOSTING AN "OSCAR" PARTY?
No. The Academy doesn't have any problem if other organizations want to have parties in conjunction with the Academy Awards. The Academy's only concern in that regard is to make sure it's clear that whatever party is being conducted is not an officially sanctioned Academy event. And obviously the Academy wants to prevent the use of its marks in advertising such event.
BUT THERE ARE EXAMPLES OF THE ACADEMY CRACKING DOWN ON SMALL-TOWN PEOPLE WHO THROW PARTIES AND MAKE LITTLE CANDY OSCARS .
(Laughs.) We send out lots of letters and sometimes we're not aware of how big the user is. Again, it goes back the educational purpose of making sure people are not inadvertently led to believe that the Oscar is available to use by anyone.
Thank you, Toucan. I was not being snarky with my original post; I was being very serious. I know a thing or two about how big-time sports and entertainment entities are on the lookout for "unauthorized" use of their trademarks.
ReplyDeleteA few years ago a local church sponsored a party wherein parishioners could get together and enjoy the Special Big football game. The NFL reps actually found out about the real name they gave to the event, and gave word to the church that if this happened again, the Football Gods would get'em for it.
Crazy but true. Ask anyone with the last name of McDonald who wanted to open a family-named restaurant how that worked out.
ugh... draw a mustache on the statue, name it freddy and call it a day.
ReplyDeletehappy oscar night, neighbors!