Q&A Hollywood
Q: How did Jimmy Durante end up doing the “Frosty the Snowman” special? He wasn’t really known for that sort of thing.
A: There are a couple of reasons that seem to be at play here.
The biggest is that his association with the song predates the special. But so does his soft spot for kids.
The song “Frosty the Snowman” was written by Walter Rollins and Steve Nelson in 1950, allegedly an attempt to recapture the magic of the earlier novelty Christmas song “Rudolph the Red-Nosed Reindeer.” “Frosty” was first recorded by Gene Autry, who had a hit with “Rudolph” the previous year, but later in 1950, beloved vaudeville comedian Jimmy Durante recorded “Frosty” as well. His version reached No. 7 on the U.S. pop singles chart.
So when, in 1969, Jules Bass and Arthur Rankin Jr. were looking for a narrator and singer to appear in their “Frosty the Snowman” animated special, Jimmy’s association with the song made him a natural choice. As for why he accepted when, as you point out, he wasn’t a big voice actor (indeed, “Frosty” is his only voice role), it seems that has more to do with his sideline as a genuinely good guy.
Durante was a supporter of children’s charities, including, most notably, the work done by the Fraternal Order of Eagles to support children with disabilities. In 1961, he was invited to appear at an Eagles convention but refused to be paid for it. When asked what the organizers could do for him instead, Durante said (and you can just hear him saying it), “Help da kids.”
In 1967, two years before the “Frosty” special, the Eagles established the Jimmy Durante Children’s Foundation in honor of his support over the years.
Q: Do movies and TV shows have to get permission or pay a fee to use or mention Facebook, Twitter or Instagram on screen? Or is it free advertising?
A: We’re wading into the always-murky waters of intellectual property law here, so, of course, there’s no clear answer. The short answer is no, they don’t have to get permission. The long answer is … but they usually do anyway.
For the filmmakers, it’s about lawsuits and avoiding risk. For the companies, it’s about protecting the brand.
“The rule is a product can be used within a movie without permission as long as the product is being used as was intended by the manufacturers without negatively defaming the product or manufacturer,” say Scott Widerman and Mark Malek, attorneys who specialize in trademark and copyright law.
What that means for your question is that, technically, a filmmaker doesn’t need permission if they only mention Facebook or Twitter without putting it in a bad light.
But the definition of “bad light” is debatable — or, more accurately, litigable.
For example, is it in bad light to show a film’s villain using Facebook? What if she’s using Facebook as part of her master plan for world domination?
Maybe, or maybe not. But it’s likely that most filmmakers, especially big ones who have legal teams behind them, prefer not to risk it and just get permission.
Your mention of free advertising also raises the flip side of this. Depending on how the brand is used, a filmmaker might be able to come to a product-placement arrangement with the company. That would mean that, rather than just simply getting permission, they might be able to get the brand to pay for the mention. This gets a lot more complicated, though (as if it weren’t complicated enough already).
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