Well, you can shoot almost anything you want to (except for the gates of military installations, women undressing in private, etc.). It's how you intend to USE the footage that is important.

In general, if your project is a not-for-profit enterprise, then you are clear to use just about anything that is in "public." If there is ever a chance that you would charge money for viewing, then you have to be very careful about what you use.

But, as always with questions like this, it's always best to consult a qualified legal professional instead of a filmmaking website. 🙂

Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com

I think there's a copyright issue, so, yes, you should speak to an intellectual property lawyer. Actually, the best is to speak to an entertainment lawyer, who would know what issues filmmakers face.

Correct me if I'm wrong, but a billboard that is in public view should be fair game with regards to rights. Same thing for logos on their clothes. Somebody has already paid for the right to display that image publicly, and if the context is proper, it shouldn't be an issue.

I wonder if someone who had done this for years has more specific info?

quote:

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Originally posted by Vasic

Correct me if I'm wrong, but a billboard that is in public view should be fair game with regards to rights. Same thing for logos on their clothes. Somebody has already paid for the right to display that image publicly, and if the context is proper, it shouldn't be an issue.

I wonder if someone who had done this for years has more specific info?

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Anytime I shoot anything for a movie studio, like Warner Bros. for instance, we always go out of our way to not shoot logos on shirts or hats when someone is on camera for a DVD or publicity material because that material is for a "for-profit" product. I'm also limited/restricted in shooting other "posted"/"publicly displayed" materials.

This is coming from studio legal departments. As I've said, just because it's "out there," it doesn't mean it is in the "public domain" to be used by anyone for anything, particularly when your own product is "for profit."

Brian Dzyak
Cameraman/Author
IATSE Local 600, SOC
http://www.whatireallywanttodo.com
http://www.realfilmcareer.com

quote:

---

Originally posted by Vasic

Correct me if I'm wrong

---

You are so corrected. A billboard in public view contains
material that it either under copyright or trademarked.
Same thing for logos. While you're right that somebody
has paid for the right to display the images or ad copy,
the filmmaker has not paid for the right to make a copy
(shoot the video) of the image.

I know there is an exception for documentary use. But
for a narrative movie the filmmaker hopes to distribute
(show to the public) those billboards, logos and images
must be cleared.

Even if you are right and you can legally shoot that billboard you might find yourself in court and your movie stopped while that right is discussed. I should think most movie studios would find it easier to avoid such hassles and the bad press that would result.

A low or no budget filmmaker might find themselves destroyed legally simply because the other party has the time and money to drag their feet.

Even if the law is on your side it can be a very painful process.

RJSchwarz

CI is correct - a billboard for Coca-Cola would contain the most famous trademark in the world, and this means a filmmaker cannot show that trademark.

The consensus is to play it safe, and I think you should do so.

Suppose I just want to film a celebrities face that's in a billboard. Can I just film a face?

Again, you can film what every you want to film. But that's
not your question, is it. You want to know if you can legally
use the celebrities image in your finished movie. And the
answer is going to be complicated.

Brian said it, Aspiring mogul said it, rj said it: this is a case
where you need to consult an attorney. You will need to tell
them exactly the billboard you plan to shoot, where it's
located, who the celebrity is, who placed the ad and how
you plan to use the image.

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