It’s almost October and Halloween is just around the corner! Various Haunted Houses can be found in local retail plazas, theme parks, and outdoor festival celebrations. Previously, we discussed some of the infringement issues that costume manufacturers and independent actors have encountered in recent years. In most cases, the decision was found in favor of the owner of the trademark or copyright.
Be sure to avoid using a trademarked name or logo for your Haunted House. Many of them have similar titles and font and though it is possible that each one did not obtain an officially registered trademark from the USPTO office, they may still have geographical rights in your area.
How to Avoid Infringement: Even if you are not interested in pursuing a trademark on your Haunted House name, doing some research and choosing something completely original in title and theme would help avoid confusion by consumers and any issues with the owner of a particular trademark.
For many consumers, they’re first exposed to the idea of a terrifying homicidal maniac like Pennywise, Jason or Freddy Krueger through films and TV. This can mean a surefire win for scaring a consumer. Unfortunately, these characters are copyrighted by production companies, film studios or in some cases, by the original author of the story. In most cases, even the commercially produced costumes and masks are often renamed to something that will not infringe on any protected characters, like “Killer Clown Uncle Mask”, “Camp Killer 5 Hockey Mask” etc.
How to Avoid Infringement: Create original character names and backstories.
As previously mentioned in the last tip and in our Halloween blog post from last year, costumes and masks are often re-named to avoid infringement, but even if they are not, purchasing an officially named piece of merchandise does not guarantee that you are allowed to portray that character within your haunted house.
How to Avoid Infringement: Creating your own outfits and masks, as well as designing your own make-up can help, since the info on this matter is unclear. Fair Use may come into effect, but it’s best to play it safe.
Currently, in the US, copyright protection for a piece of work will extend through the lifetime of the author or creator and a full 70 years past that person’s death. Because of this, some of the most recognizable scary stories, such as the Legend of Sleepy Hollow, Mary Shelley’s Frankenstein, and many of Edgar Allen Poe’s works are all in the public domain. That said, many of the more current versions of these stories, usually translated through newer films to give a backstory or other additional information, are not available to the public, and are therefore subject to their own copyright, even if they are derivative of a work in the public domain.
How to Avoid Infringement: Develop a storyline that is as original as possible. Avoid any reference to a protected character or storyline and do not try to develop a narrative based on a true crime. Though it can prove difficult to completely circumvent every recognizable aspect of every story, the extra effort can help avoid possible legal issues and will make your haunted house stand out.
The music within a haunted house will not only help create the proper mood, but it can also help hide the movement of other guests and actors, who might give away the placement of certain scary points within the experience. Any music played for the public requires licensing from ASCAP and BMI. Many people do not realize that sound effects can also have copyright protection.
How to Avoid Infringement: There are several websites that provide free haunted house music and sound effects. They usually require some form of printed and displayed (or linked online) recognition. It is important to read through the agreement on the website, as each may have different requirements.
You can avoid most potential infringement on copyrighted and trademarked materials by doing research to develop and create original work. In all likelihood, a person or group looking to cultivate a successful haunted house is creatively inclined. It is an opportunity for a proprietor to share original ideas and if possible, these characters and stories might deserve their own protection.
Good luck and happy haunting!
*Please note that this information is shared as guidance only and is not intended to be legal advice for your particular business and circumstances. For more information on IP and to access videos about IP, visit our websiteand youtube page.*
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