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    #11
    Senior Member captainjman's Avatar
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    As if consulting a lawyer prior to doing something ever protects you from being sued...let alone arrested

    Did you know that Enron had the okay to do "mark to market" from

    1. All the banks that did business with it
    2. All the legal teams both at Enron and with all the large fortune 500 companies that it did business with
    3. The nations largest and most respected accounting firm
    4. All the industry insiders

    Everyone poured over the facts and said - YES- You have the green light to do this..... AND YET PEOPLE WENT TO JAIL FOR IT

    So what does all the consulting get you? Ok, it gets you a ballpark - thats it.

    No one can tell you if you will be sued or not
    ------->If you have any of the following items and are offering a great deal - please PM me right away!!!! Vocas MB450, Arri L7C, Zylight IS3, Convergent Design Odyssey 7, Anamorphic Lenses, Canon 85mm F1.2L II, Canon 14mm F2.8 II, Zeiss 15mm F2.8, Canon Cine Lenses, Cine lenses by other manufacturers, Mic Boompole with XLR inside, Movi M5, Edelkrone Slider Plus Pro XL, LED Interview Lighting Kit


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    #12
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    Here's what I do:

    Write a tons of kind mails to various manufacturers and brands and ask if I may use their products in my commercial videos.

    It's OK with 30-40%. Some of them ask for credits, and I always refuse - not to be unkind or annoying; I just want to be completely free to do whatever I want to do with my footage, and I don't want to get sued if I forget to mention this or that brand. Most brands say, oh OK. Then they sometimes ask if I can send them a link to the finished product, and I refuse once again, for the same reasons, and they usually say 'oh, OK' again.

    And I sleep well at night.
    Last edited by stoppingby; 10-28-2015 at 10:28 PM.


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    #13
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    It's odd that companies will either sue you or pay you to show their product in your movie.


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    #14
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    Quote Originally Posted by combatentropy View Post
    It's odd that companies will either sue you or pay you to show their product in your movie.
    Yeah, good point.


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    #15
    Senior Member Grug's Avatar
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    Quote Originally Posted by Patryk_Rebisz View Post
    Real advice i got from real entertainment layer: unless you are trying to do something evil with the object - it's all ok. Just be smart about it. There are thousands of dolls out there so don't automatically go for the most recognizable.
    This.

    I've poured over copyright legislation and it provides plenty of leeway for fair use of products in films - just don't shoot close ups of the branding or imply (through shot shot sequences) that a particular brand of product is causing anything bad to happen and you're safe. There's no legal grounds for anyone to ground your film if you act sensibly. They might try, but anything incidentally in the frame is safe.

    if it's a hero prop, it's no longer incidental and that's when you need to be careful.


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    #16
    Chapelgrove Films
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    I think it's less of a copyright issue and more of an issue of possible libel. If your use of the product in any way defames the product or the company, you'll have trouble. You may even have trouble if the product simply appears visibly in an otherwise unsavory scene or film, as determined by the company -- for instance, a Chick-Fil-a bag displayed prominently in a gay porn film.

    If the product contains a logo, and that logo is displayed, then there could be a trademark issue. But I suspect most companies wouldn't care unless they or their product was shown in a negative light.

    It never hurts to contact the company and ask for permission.
    David W. Richardson
    Writer/Producer/Director/Editor
    Chapel Grove Films
    Celtic Cross Films
    Bliss Video Productions
    http://www.imdb.com/name/nm1400903/?ref_=tt_ov_dr


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    #17
    Senior Member Andrius Simutis's Avatar
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    Quote Originally Posted by David W. Richardson View Post
    If the product contains a logo, and that logo is displayed, then there could be a trademark issue.
    Not exactly, it's an "implied endorsement" issue. You can show all the logos you want as they occur in real life, it's just when it starts to look like the owner of that logo appears to be giving some legitimacy or endorsement of your film/product that they can object. The difference is in these two scenarios: A guy in a lab coat in front of the corporate HQ with a huge General Dynamics logo talking about the new gizmo5000 he's developing (in his garage). A guy walking down the street having a conversation about his girlfriend and walks past that same General Dynamics logo. The first example implies that General Dynamics is somehow involved in the creation of the gizmo5000. The second one is purely incidental as none of the real subject has anything to do with General Dynamics.
    The reason that MTV would blur out all the logos all the time is that they didn't want to give advertising away for free. Too many people saw this and mistakenly thought that it was the opposite reason, the implied endorsement or trademark issue. If trademark really meant that you couldn't show someone else's trademark, then Instagram couldn't exist since half the selfies on there would show a clothing logo or design.


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    #18
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    Disney is probably the worst offender. They will sue at the drop of a hat.


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