Short version:

You need permission to use a logo on screen in your movie. Pepsi for example. If they don?t give you written permission to have their product seen in your movie then you cannot use their product.

Pepsi will pay to have their product in a big Hollywood movie because a big Hollywood movie will be seen by millions of people.

They aren?t so interested in a small independent movie that may only be seen by a few thousand, or even only the family and friends of the movie makers.

But you can always ask. In fact, you really SHOULD ask. Wouldn?t it be a drag to finally get distribution of your movie only to have it help up because there is a can of Pepsi in the background?

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

quote:

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If they don?t give you written permission to have their product seen in your movie then you cannot use their product.

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In that case there are an awful lot of illegal short films out there.

You'd have to ask a lawyer to find out for sure, but I believe that they can sue you if you use their product in a way that would harm their image... but they can sue you anyway, even if you have written permission, so it's not as though you benefit much: you'll still be screwed if you have to pay legal fees even if you have a written contract beforehand.

Hi,

There is an answer to this question in the Legal Issues section of the ?url?/faq?/url?. Please read it before posting.

Ben C.

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filmmaking.net
(Incorporating the Internet Filmmaker's FAQ)

Please note the opinions expressed here are those of the author only and do not constitute legal advice. The author cannot accept and liability whatsoever for inaccurate or outdated information contained within.
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The law is confusing, because a company might pay you to show their product if you ask. But if you do it without asking they can sue. So always ask permission.

Now if you have say, a Pepsi bottle, already showing in your movie and you can't get permission for it, I would think if you put a slight blur effect on the bottle (at least the name Pepsi) without blurring the rest of the image, you should be able to get away with it. No?

but I believe that they can sue you if you use their product in a way that would harm their image...

Yes, technically if you show a Pepsi bottle simply being drank normally, you don't need permission and they shouldn't sue because you've used their product how it's supposed to be used. If you do something like show everyone who drinks Pepsi getting sick as a result, they can sue because you've made them look bad....... Now, a problem that can come up is you use a product and YOU feel you've shown it a respectful way, but the company doesn't. If they find something you didn't think of that could suggest you're showing it a bad way, they can sue. So always try to get permission.

but they can sue you anyway, even if you have written permission, so it's not as though you benefit much: you'll still be screwed if you have to pay legal fees even if you have a written contract beforehand.
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Technically that's true. Anyone can sue anyone for any reason. In theory you can be sued for showing a product even if you DO have permission. But if you do have permission, they'll have much less of a case.

Have your characters drink from bottles and make it a character trait that they peel off the labels. It gives the actor something to do and can quickly remove that pesky label problem at the same time. Bottle of black stuff? Looks like coke but who knows.

Im late. I've read a book called "30 Dollar Film School" by Michael W. Dean who directed a documentary called "DIY or DIE" and in it, there were a bunch of visible Pepsi cups. He is not a very big fan of any product placement, so in one version, he blurred them out, and in one, he showed them, but put "WE DO NOT LIKE PEPSI" at the end of the film. It stated that it wasn't illegal, because they did not state an opinion like "MAN PEPSI SUCKS" they stated a fact. They don't like Pepsi. I would suggest asking a lawyer, or the company before doing anything though.