Saw it last night and really enjoyed it. Justin Trousersnake was particularly good and pantomimic. But it’s not particularly kind to its main protagonist. Was the movie made with permission to use the logo? If so, what was the company’s motivation? Or is there some kind of fair-use law that allows it to be reproduced because it’s fiction?
It’s not copyright; it’s trademark.
You can use a company’s logo so long as it’s not used on a product that’s similar to the logo. You can’t use the Facebook logo on a web page without permission, but if it’s used in a movie, there’s no trademark infringement.
You also need to use it correctly – that is, if someone said, “I’m going to facebook you,” you will get a nasty letter from Facebook’s lawyers. But it will never go beyond the letter (suppose they sue you and lose? No lawyer is going to take that risk). Of course, it doesn’t matter, since by sending the letter the company is proving they defend their trademark – important if someone really tries to make it generic.
You also don’t have to pay for the use of the logo.
Free speech trumps trademark law.
It’s nominal fair use. It’s a movie about Facebook, so they can use Facebook’s trademarks in order to identify Facebook.
No, you don’t.
If they sue for “incorrect” use, they will lose. It’s not infringing to say, “I’m going to facebook you.”
There is no fair use in trademark law. It’s a noninfringing use to begin with. It doesn’t matter whether the movie is about Facebook or not. A script could say, “I’ll look for you on Facebook” in passing.
You can even name a product “Facebook” if you it’s in an area not covered by Facebook’s trademarks. As long as there’s no possibility for confusion, you can name anything you want “Facebook.”
They can sue you for diluting their trademark and causing confusion. Can they win? Maybe not. But they have to threaten in order to protect their trademark. They don’t actually sue because there’s always the chance they’ll lose, even when the case seems clear cut for them. The risk isn’t worth it unless someone is actually putting their trademark on a competing product. In addition, trademark law requires you defend your trademark, and sending the letter fulfills that requirement.
There absolutely is a concept of fair use in trademark law. It’s very different from fair use in copyright law – and perhaps a misnomer – but it is nevertheless a term of art. “Nominative fair use,” “statutory fair use,” “parody fair use,” and “comparative advertising fair use” are terms commonly used in trademark law.
It is a reference to the actual Facebook so it falls into the realm of nominative fair use.
“What they can sue you for” is rarely the point in answering questions about the la, because anyone can sue you for anything. The actual point is that it is not infringing.
Fair uses are noninfringing by definition. Whether fair use is a limitation on the scope of infringement or whether it is Merely an affirmative defense that creates an exemption to infringement is a question of jurisprudence over which there is some disagreement among legal scholars.