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Facebook in short movie

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(@n_mike)
Posts: 66
Trusted Member
Topic starter
 

Hi everyone,

I was at this screenwriting forum, getting feedback for my short script, and one of the members said that you can't include Facebook or Youtube without taking permission of the owners. I was wondering if this is true. Any ideas?

 
Posted : 22/08/2010 2:45 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

The logos for both are under copyright. You will need permission
to use either logo. However, using the words (Facebook or You
Tube) in a screenplay is fine.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 22/08/2010 10:09 pm
(@corax)
Posts: 208
Estimable Member
 

If this is for non-profit or educational use it should be fine, but those are two very limiting banners to be stuck under. I'd try to work the brands out of my script, unless they're absolutely critical.

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http://vimeo.com/corax

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http://vimeo.com/corax

 
Posted : 23/08/2010 2:05 am
(@certified-instigator)
Posts: 2951
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Are we talking about a script? Or a finished movie?

In the legal sense "non-profit" and "educational" are very specific.
Be very careful and understand the legal meaning of those terms.
Very few short filmmakers are legally "non profit" or making
educational movies.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 23/08/2010 11:49 am
(@n_mike)
Posts: 66
Trusted Member
Topic starter
 

I was talking about the finished movie. So I guess I've to find another way; however, this is stupid. I mean, that way we can hardly use anything without breaking the law or something.

 
Posted : 23/08/2010 12:32 pm
(@vasic)
Posts: 487
Reputable Member
 

You cast and crew may be working for free, and your production may have cost little to no money, but the primary criteria whether the video is 'non-profit' or 'educational' is how it will be shown. In order to be a non-profit, its purpose must exclude earning revenue, regardless of how revenue is earned. In other words, you can't submit it to festivals in hope of snagging a distribution. It is not enough that you aren't making money from showing the movie to the audiences. Same thing goes for 'educational'. The copyright exemption for academic purposes is so narrowly defined (the 'Fair Use' clause), the content used must meet following criteria:

  1. Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.
  2. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable.
  3. Proportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.
  4. The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use.

It is very difficult to imagine squeezing a Facebook or YouTube reference into an educational film and meeting all four requirements here.

 
Posted : 23/08/2010 12:40 pm
(@certified-instigator)
Posts: 2951
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naviobb, you won't be be arrested. But you are
violating the owners right to copy. The copyright
owner is the one who decides how their material
is used. Ask for permission. You find it stupid,
but someday you will own the copyright on something.
That will mean YOU get to decide who and how your
work is used. I suspect it will no longer seem stupid
to you.

A reference is fine. Characters can talk about both. What
you can't do is show their copyrighted/trademarked logo
without permission.

Is there any reason why you don;'t want to contact Facebook and You Tube to ask for permission?

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 23/08/2010 1:19 pm
(@n_mike)
Posts: 66
Trusted Member
Topic starter
 

Well, I don't think they'll reply in the first place. I mean, let's be honest, it's a small short film, and people like them don't have time for such stuff.

 
Posted : 23/08/2010 1:59 pm
(@corax)
Posts: 208
Estimable Member
 

Know what you mean navio, but hey, it's worth a shot. Write up a concise but thorough letter explaining your situation and what you hope to do, see if you get a response. Corporations respond more often than you think.

Not to mention, unless your film is slander against their brand, the corporate entities have nothing to lose. They're just gaining even more exposure.

Oh, and both YouTube and Facebook will be used to this kind of query. Seriously. YouTube's business is videos and Facebook's business is connecting people. Just make sure you write to the proper address; the Support Desk probably wouldn't be where you want to write, for example.

"It is very difficult to imagine squeezing a Facebook or YouTube reference into an educational film and meeting all four requirements here."

Not if the film was a modern social commentary, or a social networking safety presentation, etc..., unless that was what you meant; only in those specific truly educational situations would Fair Use be valid.

But yes, educational and non-profit use is very limiting. I've done some video work for non-profit organizations, but even then I always double checked when using a logo or any intellectual property. Even the organization's own logo I made sure to ask permission, ha. Just don't want to have my hands tied, ever.

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http://vimeo.com/corax

 
Posted : 23/08/2010 3:27 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

Those who do not take the chance cannot succeed.

You can chose not to ask and you'll never know. Or
you can take the time and learn something. Even if
you learn for sure that people like them don't have
the time, you will have learned something valuable.
I have taken the time. You will be AMAZED by what
can happen when you try.

Why would you give up without even trying?

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 23/08/2010 4:31 pm
(@vasic)
Posts: 487
Reputable Member
 

It is not about how small your operation is (one-man writer/director/producer show); it is about how you present it to whoever handles legal affairs at FaceBook/YouTube/Google. All they need to know is that you're making an independent film. In that film, there will be scenes depicting computer displays showing YouTube (or FaceBook) pages and content thereon. You will then describe, in detail, what type of content is going to be displayed on those pages, and in what context (i.e. whether this could be construed as defamatory). More than likely, they will respond with a standard letter, or even a form, explaining the process of obtaining the permission. Again, more than likely, your request will be approved. Facebook and Google don't gain anything by declining your request. On the other hand, by approving it, they get possible free advertising. Keep in mind, some companies pay massive amounts of money for product placement in high-budget film (and TV) productions (Omega watches in James Bond movies, Apple devices in TV shows, etc). I would really be surprised if Google (or FaceBook) does not respond, or declines your request (as long as it was submitted professionally).

 
Posted : 23/08/2010 4:40 pm
(@n_mike)
Posts: 66
Trusted Member
Topic starter
 

Ok, I'll send Facebook representatives an email. Now all I need is the email address. Can someone give me an example of the letter? I want to look it professional.

 
Posted : 23/08/2010 5:32 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

How about you writing a letter and submitting to us for review?

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 23/08/2010 5:47 pm
(@n_mike)
Posts: 66
Trusted Member
Topic starter
 

Yeah sure. I'll write one asap.

 
Posted : 23/08/2010 7:01 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

That's pretty good, naviobb.

Maybe remove the bit about it being integral
to your movie. But I love that you "butter"
them up a bit without kissing up. Nice move.

You might want to mention your plans for the
finished film. That you will only enter it in film
festivals and post it online and have no plans
for any kind of commercial distribution.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 24/08/2010 10:36 pm
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