If I am making a movive and in one of the shots it's visable that my actor is wearing Nike shoe's, or there's a People magazine visible in the background, or a Sony Television is visible is that OK? I mean could I be sued for doing that, or is it OK. How does this work, because I've seen independent films which show namebrands and trade marks, but did they have to pay to do that?
Technically it can lead to problems, ie two characters outside a Macdonalds, one says "the burgers here suck" could lead to problems, or say your bad guy character ate at a Macdonalds, either way you're implying Macdonalds sucks.
Coke once sued someone who had a Coke vending machine in the background, basically try to keep logos off screen; no big Nike logo sweatshirts, try and keep stores in the background out of focus etc. Most of your examples are probably going to be fine.
Steve Piper
Coffee Films
www.coffeefilms.com
www.myspace.com/coffeefilms
Steve Piper
Coffee Films
www.coffeefilms.com
www.metacafe.com/channels/coffeefilms
I believe that generally if it's incidental to the movie (e.g. someone walks past a McDonalds' as they walk along the street) you're OK, but if it's fundamental to the movie (e.g. someone dies from eating a McDonald's hamburger) you risk getting sued.
So in this case, if it's one guy who doesn't appear much I'd imagine you're fine, but if it's a major character who always wears that shirt, you might have a problem.
Of course I'm not a lawyer, and you can be sued for anything by anyone anyway :).
