I've done lots of research on trademarks in the past few days but yet I still don't know where the line is drawn in a screenplay.
In terms of dialogue, it seems clear that discussing pop-culture seems to be OK, right? I recall the Star Wars discussion from CLERKS, the James Bond discussion in TRAINSPOTTING. I just want to make sure that I can bring up certain things in conversation as long as it is not libelous.
As far as trademarks, does this extend to a character wearing a pair of Nike or Adidas sneakers? What about talking on a telephone where the Uniden logo is visible? What about getting in a Honda car? Would all of these have to be blurred in post?
In one scene I have it takes place in a kitchen. Obviously, it would be pretty difficult to shoot without the brand name of some sort of product or appliance getting in the shot.
If anyone can help me here, or has a link I can look at, I would really appreciate it!
First: I'm talking only about a feature length movie that you plan to distribute through a distributor. Not a short you want to put on YouTube or a movie you will distribute yourself.
Characters can talk about things in the real world without getting the filmmaker in trouble.
Yes. Trademark infringement extends to a character wearing a pair of Nike or Adidas sneakers and to the logo's on a cell phone and cars. You're right, it can be pretty difficult to shoot without getting the brand names of products or appliances in the shot. So you have to take the time to set up your shots so you can't see them - or hide them creatively.
You aren't going to get sued - it isn't worth it to the companies unless they see some real, tangible harm in having their trademark in your movie. However, a distributor just can not and will not take chances. If you plan to get a distributor involved at any point, you will have to make sure there is nothing that can cost them (and you) more money.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
The next step...if you cannot avoid logos, etc. then contact the publicity firms or the companies themselves and ask permission to use their products. Some will allow you to use them once you have shown you are not showing their prodcut in a harmful manner (script pages). I was able to use Fila sporting goods, Briars Ice Cream and Marriott Hotels in one of my films...Fila and Briers actually gave me product to use. It is not as difficult as you might think to use their products. Start with the companies themselves and they will most likely put you in touch with their publicity firms handling their products. Get permission first and shoot later. You don't want to waste time shooting products that you might not receive permission to use.
