POLICY STATEMENT (NO. 1) USE OF EMMY NAME AND EMMY STATUETTE IN ADVERTISING AND PUBLICITY
The Emmy statuette is the copyrighted property of the Academy of Television Arts & Sciences and the National Academy of Television Arts & Sciences (ATAS/NATAS). ATAS/NATAS also own trademarks for the Emmy name and the Emmy statuette. ATAS/NATAS have adopted rules limiting the use of the Emmy name and the Emmy statuette in advertising and publicity to uses by Emmy nominees and winners and entities or persons congratulating them. These rules may be summarized as follows:
- Emmy winners or those congratulating them may at any time refer in advertising and publicity to the fact that they have won an Emmy and may for one (1) year after an award is made, use a replica of the statuette in such advertising. ATAS/NATAS generally require that the statuette, when used, face left; any reproduction of the statuette should be accompanied by ® (which would denote ATAS/NATAS’ trademark protection). The word Emmy is also trademarked and whenever possible its use should appear as follows: “Emmy ®.”
- A copyright notice for the statuette is no longer mandatory, but when used, should read “©ATAS/NATAS.”
- During each year Emmy nominees or those congratulating them may refer in advertising and publicity to the fact that they have been nominated and, provided such persons are clearly identified as such, may during the period from the announcement of nominations until the following awards presentation use a replica of the statuette in such advertising, subject to the foregoing requirements.
- Networks, cable systems, local television stations and the like may use the Emmy name and Emmy statuette (subject to the foregoing requirements) in connection with promotional announcements for programs or broadcasters (or the like) which in fact have been awarded an Emmy as long as it is done within one (1) year after the award has been awarded, and not thereafter.
- Subject to obtaining specific authorization, sponsors of Emmy Awards shows may use a copy of the Emmy statuette and the Emmy name (subject to foregoing requirements) in advertising provided that (i) the advertising occurs at or about the time of the broadcast of the Award show and (ii) the advertising makes specific reference to such sponsorship of the show.
- Additionally inductees into the ATAS Hall of Fame and persons or inductees congratulating them may refer in advertising and in publicity to such induction. Neither the Emmy nor the Emmy statuette is to be used in connection with such use; the replica of the Hall of Fame award may not be used either. Hall of Fame sponsors may use references to the Hall of Fame and to ATAS in advertising subject to the same qualifications.
- ATAS and NATAS are currently receiving requests for use of the statuette on video cassettes of Emmy-winning shows. It is the policy of ATAS/NATAS that the statuette may not be used on video cassette/disc copies of Emmy-winning shows. However, reference may be made in the printed material on the cover to the effect that the show is an Emmy ® winner.
The foregoing policies apply to any advertising and publicity including on-air (or similar) exhibition, print, point of sale, and any advertising or publicity in internet websites or the like.
See also: Policy Statement (No. 2) Use of Clips From Emmy Awards Shows/Hall of Fame Shows Policy Statement (No. 3) Use of Emmy Name and Statuette in Production, etc.
POLICY STATEMENT (NO. 2) THE USE OF CLIPS FROM EMMY AWARDS SHOWS AND HALL OF FAME SHOWS
The Emmy statuette is the copyrighted property of the Academy of Television Arts & Sciences and the National Academy of Television Arts & Sciences (ATAS/NATAS). ATAS/NATAS also own trademarks for the Emmy name and the Emmy statuette. Over the years, a number of requests have come in for use of clips from the Emmy Awards show and the Hall of Fame show (each a “Show”) in connection with other programs. ATAS/NATAS have been concerned that unrestricted use of their rights would dilute the value and stature of the Emmy and the Hall of Fame. The purpose of this memorandum is to outline ATAS/NATAS’ policies regarding such uses.
Use of Excerpts from Primetime Emmy Awards Shows and Hall of Fame Shows:
- Use of Clips from Emmy Awards/Hall of Fame Shows in News Reports of these Shows:Audio and audiovisual clips from Emmy Awards/Hall of Fame Shows may be used in news broadcasts about these events which occur within two (2) days from the time the Shows are initially broadcast (except that clips may be used in weekend-type news shows during the weekend following the initial broadcast). The policies governing such uses are as follows:
- The clips are to be used only in the segment of the broadcaster’s news program which covers the EMMY Awards ceremony or Hall of Fame ceremony.
- Aggregate length of all clips in a news program is not to exceed two (2) minutes.
- Clips are not to be aired as a part of a news program in any time zone until completion of the airing of the Emmy Awards Show or Hall of Fame Show in that time zone.
- The broadcaster must assume all responsibility for obtaining union and/or music clearances, and must secure the consent of the network which broadcasts the Show, and the broadcaster must indemnify ATAS against any claims.
- Other Use of Excerpts: In addition to current news broadcasts about the Emmy Awards ceremony or the Hall of Fame ceremony, we receive a number of requests for use of excerpts from Emmy Awards/Hall of Fame Shows (“clips”) in other shows, including entertainment shows, news shows, website shows and the like. Subject to clearance (as outlined below), the policies followed in this regard are as follows:
- Clips may be used in news stories (in addition to those covered under paragraph 1 above) which relate to a recipient of an award, e.g., if a recipient dies, clips of that person receiving an Emmy may be used in news broadcasts concerning his death.
- Additionally, clips may be used in retrospectives and similar shows dealing with the careers of recipients.
- Clips may be used in another award show.
- Clips from an Emmy Awards/Hall of Fame Show may not be used in or concerning entertainment programming except as follows:
- Clip(s) of an awardee (or awardees) or an inductee (or inductees) may be used in a televised promotional announcement for a period of one (1) year following the granting of the award(s) or the inductions, provided that the primary purpose of the promotional announcement is to congratulate the programs or individuals appearing in the promotional announcement.
- Clips of an Emmy awardee (or awardees) or Hall of Fame inductee (or inductees) or other clips containing performances on an Emmy Awards/Hall of Fame Show (e.g. the performance of a host or hostess) may be used in televised non-commercial promotional announcements for the broadcaster or for a specific program/program series if ATAS determines that the use (albeit promoting another service or program) is also of promotional value to ATAS; use under this subclause (ii) shall be limited to one (1) year from the granting of the award(s) or the induction( s) as aforesaid.
- Programs other than current news shows in which clips are used may be broadcast and rebroadcast without limitation. ATAS would also agree that, in most cases, such programs may be transferred to video uses, e.g., a retrospective of an artist which is first broadcast on television and then released by home video. Use of promotional announcements containing clips shall be limited to the time periods specified above. Written approval for any use of clips must be obtained in advance in each instance from ATAS’s Executive Director (or the Executive Director’s designee); except that uses of clips in entertainmenttype programming [other than those referred to in subclauses (i) and (ii) of subparagraph (d) above] shall 6 require the approval of the ATAS Executive Committee. Whenever approval is granted, ATAS requires that the proposed user obtain permission from the network which broadcasts the Show, and that it secure any necessary union or music clearances. Please note that in some cases where ATAS is dealing with a recognized company, ATAS may permit the licensee to indemnify ATAS against union and music claims, as opposed to requiring the proposed user to obtain the clearances. ATAS reserves the right to charge a reasonable fee (currently $500 per request) to cover costs of processing requests.
Use of Excerpts in Commercials: Except as provided above with respect to promotional announcements, it is felt that this type of use would dilute the value of the Emmy and the Hall of Fame. Unless the Executive Committee were to grant a waiver, clips from an Emmy show (e.g., a clip showing someone winning an Emmy or a clip of someone wearing the advertiser’s product at the show) or Hall of Fame show may not be used in commercial advertising.
Daytime Emmy Awards Show: The Daytime Emmy Awards Show is produced in New York by NATAS in cooperation with ATAS. Any request for clips from that show should be requested from NATAS. Requests for uses of the Emmy name or Emmy statuette for advertising related to the Daytime Emmy Awards Show should also be requested from NATAS. NATAS follows basically the same policies as ATAS does in connection with granting clearances.
Other Award Ceremonies (currently non-aired):
- L.A. Area Emmy Awards: Information regarding this show may be obtained from ATAS.
- Other NATAS Ceremonies: NATAS currently conducts the News and Documentary Emmy Awards, the Sports Emmy Awards, and various chapters of NATAS present local Emmy Award ceremonies. Use of clips from these events for news reports of such events is governed by the guidelines outlined above. Information regarding other uses of clips from these events may be obtained from NATAS.
See also: Policy Statement (No. 1) Use of Emmy Name and Statuette in Advertising, etc. Policy Statement (No. 3) Use of Emmy Name and Statuette in Production, etc.
POLICY STATEMENT (NO. 3) THE USE OF EMMY NAME AND EMMY STATUETTE IN PRODUCTIONS, PUBLICATIONS, WEBSITES, AND THE LIKE
The Emmy statuette is the copyrighted property of the Academy of Television Arts & Sciences and the National Academy of Television Arts & Sciences (ATAS/NATAS). ATAS/NATAS also own trademarks for the Emmy name and the Emmy statuette. Over the years a number of requests have come in for use of the Emmy name and statuette in productions, publications and the like. ATAS/NATAS have been concerned that unrestricted use of their rights would dilute the value and stature of the Emmy and the Hall of Fame. The purpose of this memorandum is to outline ATAS/NATAS policies regarding such uses.
NOTE: None of the uses described below may be made without express written authorization.
Use of Emmy Statuette or Certificate as a Prop in Television Programs or Movies: If authorized, the Emmy statuette or a replica of nomination certificates may be used as a prop in a program or movie as long as the use is not in any way derogatory to the Emmy and the statuette or certificate is an incidental part of the same.
Use of Emmy Replicas; Re-creations of Emmy Awards Presentations: Requests for use of replicas of the Emmy (e.g., the Emmy statuette used on the stage during the Emmy Awards presentation or the statuette located at the Academy headquarters) and requests to recreate or simulate an Emmy Awards presentation must be submitted to ATAS’ Executive Committee and will be considered on a case-by-case basis; however, with the exception of news or information programming, permission will not be granted unless the Executive Committee determines that there are unusual circumstances justifying such use.
Use of Emmy Name or Statuette in Published Works, Stationery, Business Cards, etc.:
- If authorized, the Emmy name and/or statuette may be used in connection with printed works, provided that the work is of an educational or informational nature, and the reference to the Emmy name or statuette is non-derogatory and is reasonably related to the purpose of the work.
- Emmy winners from time to time use pictures of themselves receiving the Emmy in personal resumes and the like, and if authorized, this use will be permitted.
- If authorized, pictures of Emmy winners receiving their Emmys may also be used in printed materials featuring biographical material about such winners, provided that the use is reasonably related to the biographical material, e.g., use of a picture of an Emmy winner in a souvenir program of a stage play in which the Emmy winner appears, use in biographical articles about the winner, etc.
- We have received requests from corporate Emmy winners to use replicas of the Emmy on stationery and the like. Although Emmy winners may make reference on stationery, business cards and the like to the fact that they have won an Emmy, they may not use replicas of the Emmy for this purpose.
Use of Emmy Name or Statuette on Websites and the Like: The Emmy name and Emmy statuette may not be used on or in connection with websites or the like, except with prior written approval.
Use of Emmy Name or Statuette in Merchandising: The Emmy name and Emmy statuette may not be used in connection with merchandising items except with prior approval of both ATAS’ Board of Governors and NATAS’ Trustees.
See also: Policy Statement (No. 1) Use of Emmy Name and Statuette in Advertising, etc. Policy Statement (No. 2) Use of Clips From Emmy Award Shows/Hall of Fame Shows.