I do not have access to the contracts that Pixar (& now Disney) signed with all the parties involved but this generally applies.

When you agree to participate in a film, part of the agreement includes using your likeness and your voice.

The next part simply depends on how much they need you versus how much you need them (aka: are you a star or a bit player).

If you are a character actor, then you basically agree to a standard percentage of merchandise bearing your likeness. If you don’t agree, they basically hire someone else. You might appear on a Happy Meal cup, you might get an action figure, your dialogue might be included in some interactive RC thing. They do NOT need your further approval on any likeness or your voice from the film. They paid you and will pay your a standard percentage as royalties/residuals.

While not exactly the same since the actor is animated as a CAR but think Michael Wallis who played the Sheriff

If you a well known actor in the film (or TV show) like George Carlin as Fillmore or John Ratzenberger as Mack, (again, think of a live action film), there are varying degrees of what you sign away and what they pay you for. Generally, the action figure is agreed upon as part of merchandising and maybe even your voice but you have some power (as they cannot easily substitute you for another actor but you are ultimately not 100% critical to the film) in how they use your likeness. For instance, even the movie poster. You think it’s mostly about the art but it’s not just that (again, think live action film). If you are ‘famous’ enough but not necessarily a star that can carry an entire film (or leading man/woman) like a Christopher Walken, part of the negotiations is how big you appear in the poster (along with the credits). There are ACTUAL contracts where it’s a percentage … if Harrison is 7″ tall, then “I” (the supporting actor) must be no smaller than 3″ taller or it’s a volume percentage and of course, they get final approval for their image.

So a movie poster is not really so much a movie poster but after you factor in the legal stuff. And of course, where the name goes and how big and so forth. That’s why studios prefer just to write in giant letters T2 or just show the dog. Saves them lots of hair tearing.

But back to the voice – for most main supporting actors, they can even negotiate how many lines can be used … or in many cases, like Jack Nicholson as the original joker, you never heard his voice anywhere other than when you can see him on screen because he didn’t believe it was proper for an actor to be in a toy or a video game. They will simply hire a soundalike plus it’s cheaper. Of course, Jack may have been willing to bend his principles for $10 million but the toy companies figured it was easier & cheaper just to hire a voice actor for $3k … that’s why a lot of happy Meal tie-in cups have vague illustrations for most of the stars or for a movie like Batman, the mask stays on because most actors consider it beneath them to appear on a cup … but as with everything in Hollywood, it’s negotiable and certain producers (Spielberg, Lucas) have the means to put a contract in front of you and you just sign – so you might appear as a Pez head or a gum wrapper or on PJ’s.

In the case of CARS, when you heard McQueen talking in commercials for AT&T or in the Talkin’ RC CARS, it wasn’t Owen Wilson but a sound alike …

So, basically the star gets final approval on EVERYTHING. Their likeness on a poster must meet with their approval before you can use it (there are stories of movie posters having to be redone to add more hair to the leading man) … again, everything is of course negotiable for a price. Also keep in mind, different scale movies have different expectations these days … if you’re doing a$150-million dollar summer movie, it’s expected you understand that there will a video game, action figure, toys, lunchboxes, etc, etc … part of the reaon they pay you $15 million or 10% of the gross … so for you to play the haughty actor, that’s how you get bypassed … of course, after Pirates of the Caribbean and Iron Man, hey if Johnny Depp and Robert Downey can be on a thermos, so can I!

But for a star, the only thing they have signed for is their likeness and voice to be used in the film or in the advertising of the film (as a trailer, TV ad or a print ad) – the subtle aspect is this – for instance, TNT buy rights to a movie and they get to air it within a certain timeframe, say a  year so in that year period – they can show a clip from Pirates of the Carribean and note it’s airing Thursday at 8 PM … or in a print ad saying to tune in Thursday at 8 PM and they use that in a clip to advertise what’s on TNT now/this month but once they don’t have the rights to air the movie, they can no longer use the clip because it would be out of “context.”

Now, with CARS, it’s easier since it’s animated AND they are CARS so essentially the contract came down to how their voice could be used. For 99% of the actors, they basically agreed to a standard contract where they receive a standard royalty for use of their voice in some ancillary product.

But bigger stars such as Cheech Marin & Bonnie Hunt probably had separate negotiated deals and others like Paul Newman & George Carlin wanted to be sure their voices were excluded in any advertising (besides the film trailer or TV ads for the film).

So, now for CARS, there were very few “trademarks,” and “trade dress” from our ‘real’ world. Outside of the car designs and car manufacturer logos (negotiated separately), there really were only a few: Apple’s logo use on a race car, Dale Jr.’s name and paint motif (trade dress), Darrell Waltrip, Bob Costas, Mario Andretti, Richard Petty’s “The King,” Jay Leno & Elvis.

Of those we can presume by the large amount of releases of The King (in various form), Mario Andretti, Darrell Waltrip/Cartrip & Bob Cutlass/Costas that they signed a standard deal. They would receive X amount or X percentage as royalties – maybe even capped judging by how often we see the King 🙂 …

And as of now, Jay Limo and Elvis Rv are coming in the next few months in the more expensive megasize … where there’s room to pay them a little more so we know that was negotiated separately.

But since they are stand alone CARS, it doesn’t really matter … unlike Dale Jr. or the Mac iCar where we also want Pitty’s, Crew Chief, the Hauler and the stand. And of course, each to carry their trademark and trade dress logos and color schemes …

First, there is CLEARLY NO “LEGAL” reason they cannot be re-issused or sold as clearly we have the Dale Jr & Mac iCar Piston Cup racers released in other configurations. The ONLY problem is as a “star,” a separate negotiation must take place. THAT IS ALL.

“Legal” in this context does not mean “illegal” or physically impossible. It means more-work needs to be done and money needs to change hands. So, believe what you read but you also have to understand its context – it’s easier to say ‘legal’ reasons than to actually explain why or in more likeihood, they just don’t understand standard licensing procedures.

Now, of course, the issue of money/payment is another matter … because the amount of money this would endeavor means pretty much means nothing to Dale Jr. or Apple. Both have plenty of money and don’t really need this extra little tidbit but I have some thoughts – look for a post next week on how they can pull this off 🙂

Meanwhile, rest easy. As Inigo Montoya once said, “You keep using that word, I do not think it means what you think it means” ™