And the #Oscar goes to......
It’s common knowledge that the Academy of Motion Picture Arts and Sciences is a fierce protector of its well-known IP including “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” “ACADEMY AWARDS®,” as well as any depiction of the little golden man himself. And it’s also common knowledge that during awards season, brands are always looking for ways to say Oscar without saying it and to capitalize on the buzz.
This year will be different in that the Academy has updated its licensing terms to allow for some wiggle room if you want to use the #Oscar in your branding. Below are some of the changes but note that you should always, always (did I say always?) consult with legal before you use any third party protected IP.
Here are some things you CAN do:
You can reference the Academy’s social accounts and use its “Oscars” trademark in hashtags: You can say @TheAcademy on Twitter and Instagram, @Oscars on TikTok, YouTube.com/Oscars on YouTube, and #Oscars across platforms.
You can share content posted to the official Academy accounts but DO NOT USE content that portrays talent or other celebrities, as you could be violating rights of publicity, the FTC regulations, or copyright.
You can name films and albums but don’t name any individuals. You can also mention categories of awards.
Your Oscars-related posts may also be shared by the Academy on its own social channels.
Here are some things you can NOT do:
Do not combine the word Oscar with your brand name - no #OscarBrand. But #Brand and #Oscars in the same line is ok.
Do not use the names of any individuals associated with the Academy Awards show including any actors, musicians, directors, or others unless you have permission. Any use may infringe on a party’s intellectual property rights.
Do not use the Oscars’ name or hashtag in a way that implies affiliation, endorsement, or sponsorship of your brand.
Do not use “Official Oscars” to describe your brand (ie: Official Oscars Ice Cream) unless you have an express license to do so.
Do not create images or memes or other material depicting the trademarks owned by the Academy unless you have gotten written permission to do so by the actual owner of those marks.
And before you hit send on an email, post to social, or send anything to your client (agencies, that’s for you), make sure that you get legal to vet the usage of the # and the context in which you plan to use it. In these cases, it’s always better to get permission rather than ask for forgiveness.