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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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Im in UK and Im working on a project to make a new Blues

Resolved Question:

I'm in UK and I'm working on a project to make a new Blues Brothers movie with the help of one of the cover bands. I know that there may be some legal aspects on this and the original band may complain the use of the name or the fact that the original image of the band is distorted. So I was thinking to base title and name of the band on the name of the cover band and not the original Blues Brothers. Is this sufficient or may there still be legal problems?

What are in general the possible legal aspect I need to take into account? And how to avoid any possible problem with the original band?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I am a media lawyer and can help you with this?

You're correct that you can't use the original name etc? From what you say are you now intending to produce a move "in the style of" the Blues Brothers?

Can you give me more details, plot, music etc.

Customer: replied 3 years ago.

The movie would be the story of the cover band, not the original Blues Brothers. The roads of the two protagonists meet for some reasons in stand up comedy shows, where one day they discover to be able to perform like the original Blues Brothers. They receive a contract to make a movie like The Blues Brothers. So the film tell the story of the making of the new movie. But all the filming risks not to be completed because of all the enemies they have (criminals, police and so on). At the end they are arrested and they have still to perform the last scene. So the director decide to make the last scene from real, filming it into the prison where they are detained.


 


The name used would be the name of the cover band that at the moment I can't say. However it contains the two words Blues Brothers in itself (something life Blues Brothers Revival). But if needed we can change the name with something different that sounds similar.


 

Expert:  JGM replied 3 years ago.
As long as there is no passing off of the original movies from your description this would be OK. You can't call it Blues Brothers 3 or anything like that but you could call it, for example, "Blue Revue, the story of the Brothers of Blues."
Customer: replied 3 years ago.


Can I say in the film that they are fan of the original Blues Brothers (using these two words)?


 


Obviously the scenes and the dialog is completely different, but some people can see in the new movie some assonance with the old. Like the fact that here they receive a contract for a new movie, while in the old they received a contract for a LP. Is this allowed?

Expert:  JGM replied 3 years ago.
Yes, you can use the phrase Blues Brothers.

You can also use the storyline proposed for a new movie. This is not a breach of copyright as none of it is copying the original. It is simply "in the style of".
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