Screenwriting : What's in a name? by Tony Ray

Tony Ray

What's in a name?

I'm starting to write a script that involves a scene where a character, trying to fly a plane, is told, "Just pretend like you're Han Solo." The name Han Solo is trademarked and I'm wondering if I would get into any kind of trouble for using it without permission.

I think I would be in the clear. Am I wrong?

Tom Lapke

Tony Ray As per usual, Stage 32 Education has you covered. This webinar, TV & Film Legal Clearances: Everything You Need To Know To Safeguard Your Project, is just what you need. It is taught by James Pacitti, of Pacitti Law Firm, which is an entertainment law firm in Beverly Hills. https://www.stage32.com/education/search?term=trademark&h=tv-film-legal-clearances-everything-you-need-to-know-to-safeguard-your-project

Mark Deuce

Well said Dan MaxXx

Pat Alexander

You should probably be in the clear for spec purposes. It's a pop culture reference, but you know lawyers, to them every millimeter of IP is a piece of Lalique. It's a good line so keep it for now and kick that can down the road for a legal clearances team to worry about later on.

Tony Ray

All great advice. Thank you!!!

A. Jaye Williams

You’re completely safe, especially if it’s a spec script. Pop culture references (like a piece of dialogue) are free game, as long as you’re not using likenesses or actual footage. That kind of thing. Since it’s just an off-the-cuff line (and it’s a good one), you're good.

Maureen Mahon

Tony Ray I actually mention Han Solo in one of my scripts, too! It never even occurred to me whether it would be an issue. But I agree with the advice above. It doesn't really matter on a spec script. If and/or when it does matter, it's an easy thing to change if you have to.

Tony Ray

Maureen Mahon I figured it's at least worth an ask because it is a major character in probably one of the biggest franchises in cinema history.

Tony Ray

A. Jaye Williams Thanks! The beautiful part of it all is that this is for a comedy. So, the plan for the scene is that once the person says, "Just pretend that you're Han Solo.", the character breaks the fourth wall and looks right at the camera as if to say, "Seriously?". Lol

Sam Sokolow

Tom Lapke is spot on - that webinar is awesome and James Pacitti is an expert on this subject.

Bill Albert

You're good. Go for it. Think of shows like the Big Bang Theory that had dozens of references to characters like Solo.

Anthony Moore

"I am a leaf on the wind. Watch me soar" - Hoban 'Wash' Washburn, Serenity (Firefly movie), 2005.

Paul Sokal

I think that would under the "fair use doctrine," https://www.copyright.gov/fair-use/#:~:text=Fair%20use%20is%20a%20legal,....

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