PREAMBLE
Since their inception in 1929, the “©Oscar®” Awards of the Academy of Motion Picture Arts and Sciences have enjoyed increasing international recognition. Today they are among the most respected and sought-after prizes bestowed anywhere.
Their prestige, long acknowledged within the motion picture industry, has grown over the years because the public recognizes the Oscar as an award based solely on artistic and technical achievement and because care has been taken to preserve the integrity of the Oscar symbol. Specifically, the Academy has carefully limited reproductions of the Oscar statuette and references to the annual Academy Awards presentation in promotions and advertising.
The purpose of these Regulations is to set a code of fair practice for all forms of advertising pertaining to the annual Academy Awards presentation, and for other uses of the Academy's intellectual properties.
The Academy does not wish to restrict the benefits film producers, distributors and exhibitors may derive legitimately from publicity associated with the annual Academy Awards presentation, but desires to equalize these benefits and ensure that:
- the rights of past and future Academy Award recipients are fully protected,
- no false claims of Academy Award consideration are made in any advertising medium,
- the public is not misled by any statement or implication that any achievement has won or been nominated for an Academy Award when that is not so, and
- the necessary legal protection is provided for the trademark and copyright owner, i.e., the Academy.
The Academy, as the copyright owner of the Academy's “Oscar” statuette, and owner of its trademarks and service marks, including “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” “ACADEMY AWARDS®,” “OSCAR NIGHT®,” “A.M.P.A.S.®” and the federally registered “Oscar” design mark, is required to protect its properties against unauthorized uses and infringements.
Please adhere to the spirit as well as the letter of these rules.
COPYRIGHTS AND TRADEMARKS
- The Award of Merit statuette, commonly known as the “Oscar,” is the copyrighted property and registered trademark and service mark of the Academy of Motion Picture Arts and Sciences (“Academy”). The Academy has the sole and exclusive right to reproduce, manufacture, copy, sell, display images of and publish said statuette in any size or medium, whether in three or two dimensions, and to distribute or exploit the statuette or reproductions of same by gift, sale, license or otherwise. No reproduction, replica, drawing, photograph, derivative work or other copy of the Award of Merit statuette may be made or used by any manufacturer, advertiser, organization or individual except in accordance with these regulations or under express written license from the Academy.
- All published representations of the Award of Merit statuette, including photographs, drawings and other likenesses, must include the legend “©Academy of Motion Picture Arts and Sciences®,” or “©A.M.P.A.S.®,” to provide notice that it is protected by copyright, trademark and service mark registration.
- “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” “ACADEMY AWARDS®,” “OSCAR NIGHT®,” “A.M.P.A.S.®” and the “Oscar” design mark are trademarks and service marks of the Academy of Motion Picture Arts and Sciences, and may not be used except in accordance with these regulations or under a special written license from the Academy.
Any use of the marks “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” “ACADEMY AWARDS®,” “OSCAR NIGHT®,” “A.M.P.A.S.®” and the “Oscar” design mark must include notice of trademark and service mark registration and credit the Academy as the owner of said marks (“®”), except as provided in section 20 below.
- Permission to use Academy Award symbols (the Award of Merit statuette and other statuettes, medals, plaques and certificates) and institutional marks of the Academy for any publication in other than fair use hard-news reporting must be obtained in writing from the Academy, except that permission is hereby given to use Academy Award symbols and marks of the Academy in accordance with these Regulations.
- The Award of Merit statuette may not be used in generic fashion as a logo or decorative motif for any purpose in any video or television production, motion picture, or print or digital publication not produced by, or explicitly authorized by, the Academy.
- The Award of Merit statuette may not be used as a stage property or article of set dressing in any stage, television, video or motion picture production not produced by the Academy. Licensed exceptions will be considered under unusual circumstances. Violations of this paragraph may subject theatrical films to the loss of Academy Awards eligibility, in addition to any other remedies allowed by law.
- The marks “OSCAR®” and “OSCARS®” (as related to the Academy’s motion picture award) may not be used in the title or subtitle of any magazine, online or digital publication, commercial web site, stage production, video, television program or motion picture not produced by the Academy.
- The marks “ACADEMY AWARD®” and “ACADEMY AWARDS®” may be used in the title or subtitle of a magazine, online or digital publication, commercial web site, stage production, video, television program or motion picture with the written consent of the Academy.
- “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®” and “ACADEMY AWARDS®” may not be incorporated into a home video series title or subtitle, either on packaging or in advertising for such products.
The marks “ACADEMY AWARD®” and “ACADEMY AWARDS®” may be incorporated into the title or subtitle of an audio product with the written permission of the Academy.
- Academy Award winners have no rights whatsoever in the Academy copyright or goodwill in the Oscar statuette or in its trademark and service mark registrations. Award winners must comply with these rules and regulations. Award winners shall not sell or otherwise dispose of the Oscar statuette, nor permit it to be sold or disposed of by operation of law, without first offering to sell it to the Academy for the sum of $1.00. This provision shall apply also to the heirs and assigns of Academy Award winners who may acquire a statuette by gift or bequest.
- Gold miniature Oscar statuettes are subject to the same regulations as the standard size statuettes.
ADVERTISING
- No personal appearance, picture or drawing of an Academy Award recipient with an Academy Award symbol or Academy mark may be used in advertising or promotional materials of any sort without the written consent of the Academy, except as permitted by these Regulations.
- No Academy Award symbol or photograph, picture or drawing that includes a reproduction of an Academy Award symbol or Academy mark may be used in any advertising in newspapers, periodicals, billboards, posters or other medium, specifically including electronic media, without the written consent of the Academy, except as permitted by these Regulations.
- Pictures that have received or been nominated for an Award of Merit may be so advertised in print, electronic media and theatrical trailers subject to the following conditions:
- Pictures that have received an Award of Merit may use a depiction of the Oscar statuette provided:
- it appears no more than once in each advertisement,
- the size of the depiction does not exceed ten percent of the total advertising space,
- the Academy approves the quality of the representation of its symbol used,
- the copyright, trademark and service mark notice, “©A.M.P.A.S.®,” accompanies the depiction in legible form, and
- the achievement for which the award was conferred is specified adjacent to the depiction.
- Pictures that have received an Award of Merit may use the words “OSCAR® Winner,” “ACADEMY AWARD® Winner,” or similar descriptions incorporating the Academy’s marks provided:
- any reference to the Academy’s marks is directly followed by an indication of the achievement for which the award was conferred, and
- the Academy’s marks appear in the form “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” and “ACADEMY AWARDS®” to provide notice of trademark and service mark ownership and registration.
- Pictures nominated for an Award of Merit may use the words “OSCAR® Nominee,” “ACADEMY AWARD® Nominee,” or similar descriptions incorporating the Academy’s marks provided that:
- no reproduction of an Oscar statuette is used,
- the word “Nomination(s)” or the words “Nominated for” appear in the same size, style and color of type as the marks “ACADEMY AWARDS®” or “OSCARS®,”
- the word “winner” or equivalent term is not used to describe the receipt of a nomination, and
- any reference to the Academy’s marks is directly followed by an indication of the achievement for which the nomination was conferred.
- Pictures that have received an Award of Merit may use a depiction of the Oscar statuette provided:
- No film or achievement that has not received or been nominated for an Award of Merit (including those that use the talents of a former Academy Award winner or nominee) may be advertised or exploited in a manner that may mislead the public or imply by design, layout or wording of copy that the film or achievement has received such an award or nomination.
From each January 1 until that year’s Academy Awards presentation, no individual may be described in advertising as an “Oscar® Nominee” or “Academy Award® Nominee” except in advertising for the film for which the nomination was received.
- Special Awards (conferred only by vote of the Academy Board of Governors) must be clearly identified in all advertising by their specific name (Thalberg Award, Sawyer Award, Honorary Award, etc.) and must specify the year in which the recognition was accorded. Special Awards shall not be advertised or exploited in a manner that may cause the public to confuse a Special Award with an Award of Merit voted by the Academy membership.
- A Scientific and Technical Award may be used in advertising that achievement provided:
- the year and accomplishment for which the Award was given are included in the advertising,
- only the image of the award conferred is depicted, and not the Oscar statuette, unless the statuette was the award presented,
- references to the award are specific as to the classification (i.e., Technical Achievement Award, Scientific and Engineering Award or Academy Award/Oscar), and
- all parties named in the award are included.
- No film may be advertised or exploited as having “qualified” for an Academy Award or having otherwise been officially recognized by the Academy, except as a Nominee or Winner and in accordance with these Regulations.
PACKAGING
No Academy Award symbol or Academy mark, nor any photograph or drawing that includes a reproduction of an Oscar statuette or Academy mark, may be used on, as part of, or affixed to any item that is sold to the public, including home videos, audio records or any commercial goods, whether or not in connection with a current or previous recipient of an Award of Merit, except as follows:
- Home video copies of motion pictures that have received the Academy Award for Best Picture may include a depiction of the Oscar statuette on their packaging under the following conditions:
- it appears no more than once on each package,
- the size of the depiction does not exceed one inch in height,
- the Academy approves the quality of the representation of its symbol to be used,
- the copyright, trademark and service mark notice, “©A.M.P.A.S.®,” accompanies the depiction in legible form, and
- the award year for which the award was received and the category, “Best Picture,” are indicated adjacent to the depiction.
- The words “OSCAR® Winner,” “ACADEMY AWARD® Winner,” “OSCAR® Nominee” and “ACADEMY AWARD® Nominee” or similar descriptions incorporating the Academy’s marks may appear on home video packaging of any motion picture that has received an Academy Award or nomination under the following conditions:
- the motion picture actually received an Award of Merit or nomination,
- any reference to the Academy’s marks is directly followed by an indication of the year and achievement for which the award or nomination was conferred,
- the word “Nominations(s),” “Nominee(s)” or the words “Nominated for” appear in the same size, style and color of type as the marks “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®” and “ACADEMY AWARDS®,” and
- the Academy marks appear in the form “OSCAR®,” “OSCARS®,” “ACADEMY AWARD®,” “ACADEMY AWARDS®” to provide notice of trademark and service mark ownership and registration, and credit is given to the Academy as the owner of these marks as follows: “‘ACADEMY AWARDS®’ is the registered trademark and service mark of the Academy of Motion Picture Arts and Sciences,” or “‘OSCAR®’ is the registered trademark and service mark of the Academy of Motion Picture Arts and Sciences.”
- Home video copies of motion pictures that have received the Academy Award for Best Picture may include a depiction of the Oscar statuette on their packaging under the following conditions:
EDITORIAL USE
News and editorial uses of Academy symbols and marks in stories and articles appearing in newspapers, periodicals, digital publications, web sites and on television or in motion pictures, are subject to the following conditions:
- all published representations of the Award of Merit statuette, including photographs, drawings and other likenesses, must include the legend “©A.M.P.A.S.®” to provide notice of copyright, trademark and service mark registration, and
- neither the marks “Academy Award®” nor “Oscar®” may be used to describe awards given by organizations other than the Academy. (An award may be described as “the Uruguayan equivalent of the Oscar Award,” but not as “the Uruguayan Oscar.”)
USE OF CLIPS FROM ACADEMY AWARD PRESENTATIONS
- The Annual Academy Awards telecast is copyrighted by the Academy of Motion Picture Arts and Sciences. Any rebroadcast or other use of the program or any of its contents, except in accordance with the following, is prohibited.
- In accordance with fair use provisions of copyright law, broadcast news programs and services may excerpt portions of the Academy Awards telecast for rebroadcast during the seven days following the telecast (up to, and including, Sunday), subject to the following conditions:
- up to three minutes may be used within the period ending the first day (Monday) following the telecast,
- one minute, not separate from the three minutes in (a), above, may be used within the period of the second through seventh days (Tuesday through Sunday) following the telecast,
- the material may be used only for news reporting purposes directly related to the Awards Presentation as an event,
- any display, exhibition or performance of the material must be accompanied by the legend “Clip Courtesy A.M.P.A.S.© ____” (year supplied as appropriate), and
- no use of any excerpt from any Awards Presentation may be made while the telecast is in progress.
- Permission may also be given for the use of Academy Awards telecast clips in connection with obituary reporting on past Academy Award recipients. The Academy will attempt to facilitate the granting of permission for the use of clips from the Awards Presentations for obituary news reporting upon request under the following conditions:
- only clips approved by the Academy are used,
- the clips are used only in news broadcasts and only in conjunction with stories concerning the deceased in such news broadcasts,
- the clips are used only within a 72-hour period immediately following announcement of death,
- any display, exhibition or performance of the material must be accompanied by the legend “Clip Courtesy A.M.P.A.S.© ____” (year supplied as appropriate),
- the approved obituary clip(s) shall not exceed 60 seconds in total running time, and
- those requesting the clips agree to obtain, at their own expense, the consent of all other persons appearing in the clips and all guild or other clearances that might be required.
- All those rebroadcasting any clip(s) from any Academy Awards telecasts hereby agree to indemnify the Academy, its governors, officers, members, agents, employees and representatives, and to save and hold the Academy and each of them harmless from, and to defend the Academy and each of them against, any liability and expense, including attorneys’ fees, arising out of any claim whatsoever which may be brought or based upon the use of the clip(s).
- Permission shall not be granted for the use of clips from the Academy Awards telecast for non-news ventures, except under unusual circumstances, and on a case-by-case basis. An exception, if granted, shall not be considered precedential.
- This policy shall apply also to requests for permission to use the audio portions of Academy Awards presentations.