How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask BH Your Own Question
BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience:  IP and Entertainment Attorney
67520588
Type Your Intellectual Property Law Question Here...
BH is online now
A new question is answered every 9 seconds

An Entertainment Law Question... I am being approached to

Resolved Question:

An Entertainment Law Question...

I am being approached to sell a script. How do I retain the rights to product spin-off's, ie, toys, books, etc, etc. Can I trademark the name of the Main Character, or do I approach this as part of the negotiations?
marc
Submitted: 5 years ago.
Category: Intellectual Property Law
Expert:  BH replied 5 years ago.

Bridgeth :

Hi. I am an entertainment attorney and can help you with this.

Bridgeth :

You would approach this through contract negotiations. Your agreement would have to assign the purchaser the copyright in the script but explicitly exclude all derivative rights (i.e. all rights to take elements of the initial copyright and create new works based on that copyright).

Bridgeth :

You cannot trademark a name.

Bridgeth :

Unless that name is XXXXX XXXXX the branding of a specific product and has been used in commerce (think McDonalds).

Bridgeth :

Please let me know if that answers your question.

BH and other Intellectual Property Law Specialists are ready to help you
Expert:  BH replied 5 years ago.
If you are satisfied with the answer please click "Accept".
Expert:  BH replied 5 years ago.
Thank-you for accepting my answer. I hope that I have sufficiently addressed your concern(s). If you require further assistance, please feel free to contact me directly at [email protected]

Regards,

Bridget Hauserman, Esq.