Re: background material - if I have characters sat in a room and behind them are DVD's, books, toys, boardgames, what have you, do I need to get permission from all the makers and owners of this stuff before filming? Obviously could strip it all out but then a room looks uninhabited! If they aren't part of the plot or drawn attentiom to at all, but are just there, what do I have to do? Same as if I film a shot of a guy walking alone down the street and he passes a McDonalds - do I need permission from McDonald's for their logo to appear?
quote:
Originally posted by lisamoorish
Re: background material - if I have characters sat in a room and behind them are DVD's, books, toys, boardgames, what have you, do I need to get permission from all the makers and owners of this stuff before filming? Obviously could strip it all out but then a room looks uninhabited! If they aren't part of the plot or drawn attentiom to at all, but are just there, what do I have to do? Same as if I film a shot of a guy walking alone down the street and he passes a McDonalds - do I need permission from McDonald's for their logo to appear?
I am not a lawyer, but I would think (1)use e.g. f2.8 aperature to focus on actors but at the same time blur the background books, etc, and then that is a moot issue, (2)do not portray such products in any negative damaging way and they there would be no reason or cause for their manufacturers to sue you, (3)it seems to me that MacDonald's Arch and such are out there for public display, but again I would be sure it is not the focus of a scene in terms of concept and is not portrayed in a derogatory way. That all said, just about anything goes I think if true and part of a documentary, since journalism and freedom of the press has quite a bit of liberty, at least in the USA I can not speak for other countries.
How is the final movie going to be used?
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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 answer is no. As filmmakers you represent reality, and in reality, we all have these things in our homes. Even a coffee table book is ok.
However, as Beowulf pointed out, trashing a registerd logo or trademark to besmirch might bring you problems. Last I heard the US (assuming that is where you are ) is still a free country. It is not illegal to trash something on film, but it may bring you expensive legal battles.
Stuff in the backround is just that. Drawing attention to it is another issue. Unless you are doing documentaries on a particular person or product, you do not need permission.
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Originally posted by alex whitmer
Last I heard the US (assuming that is where you are ) is still a free country. It is not illegal to trash something on film, but it may bring you expensive legal battles.
You heard right alex.
But the issue isn't whether the US is a free country or even legal battles. It comes down to the owner of the right to copy. There may be examples where the owner of the copyright of the logo on a can of Coca Cola (for example) doesn't want their logo depicted in a movie. That is their right. Even if in context there is nothing malicious said about the use or depiction of the product.
Something as simple as this can really hold up the distribution of a movie. that's why I asked about how the movie is going to be used. For a project the filmmaker is hoping will find distribution, it's best to avoid all logos under copyright. Or get written permission. distributors are going to want it.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
What about a car?
RJSchwarz
San Diego, CA
RJSchwarz
Your thinking about product placement, as long as you cant distinguish what it is then you should be okay. I dont think that any of the componies that make the products in shot would have a problem with it though cause its free publicity in truth. Cleary.
www.myspace.com/holteendproductions
www.youtube.com/yoursayvideos
If you are making the movie with the hope of finding a distributor making the assumption that companies will want the free publicity could cost you a distribution deal. You're right, Cleary, that they might not have a problem. In that case it can't hurt you to get the agreement in writing. But showing products assuming the companies won't have a problem isn't a good business decision.
rj - I'm no legal expert - when it comes to something specific as a car I don't know. I haven't had any problems with distributors regarding cars except when it comes to showing license plates or if the make and model of the car is a plot point. So I never have the characters discuss the cars and I have several sets of fake licenses plates I put on any car in my movies.
Maybe my advice is over cautious. If any of you making movies want to take the chance - play the odds - then you should go for it. I don't know of any filmmaker ever sued for having copyrighted products in the back ground, though I do know of several who have had to remove products or scenes before a distributor would pick up the movie.
quote:
Originally posted by alex whitmer
Unless you are doing documentaries on a particular person or product, you do not need permission.
I've done a little more research since your post and I think the reality is exactly the opposite. It seems if you are making a documentary on a product you might not need permission. But if the product is in a narrative movie you do. "Super Size Me" came to mind. McDonalds wasn't happy, but they couldn't (or didn't) do anything more than express their feelings.
=============================================
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)
