Page 3 of 6 FirstFirst 123456 LastLast
Results 21 to 30 of 55
  1. Collapse Details
    #21
    Chapelgrove Films
    Join Date
    May 2006
    Location
    North Carolina
    Posts
    4,416
    Default
    And this comes from the original article written by Lisa Calliff:

    "What’s not okay is if you shoot in the canned food aisle and your actor picks up a can of Green Giant green beans and there is blood oozing out of the can. You don’t want to harm or “tarnish” the mark in any way. That is where you would get into trouble. It’s also not okay to trick the viewer into thinking Prada is associated with your film by using the storefront as the sole image on the cover of your DVD."
    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


    0 out of 1 members found this post helpful.
    Reply With Quote
     

  2. Collapse Details
    #22
    Senior Member Andrius Simutis's Avatar
    Join Date
    Dec 2010
    Location
    Seattle
    Posts
    1,133
    Default
    Quote Originally Posted by David W. Richardson View Post
    The brand owner may not have a claim, but that won't stop him from filing a lawsuit against you anyway -- one that, even if you eventually win, will cost you a bundle to defend yourself against.
    True enough, but in that sense I could sue you right now for this post. On what grounds? Who cares! But let's be realistic about this... The OP is shooting a web series, and for the sake of simplicity let's assume that it's not porn or horror or anything wildly controversial. The actors walk into a bar and you can sort of make out that there's a Bud Light sign on the wall for a few seconds. They talk about their relationship or whatever for a couple minutes and walk out. How was Budweiser harmed? Was there an endorsement implied? Over at Imbev global HQ someone sees the web show and spots their logo in the background. High five! We got some free exposure! Who's going to sue over that?
    If you take this concern to its illogical conclusion you'd have to scrub the logos off of all the cars on the street, or actually build your own generic cars because the shapes might be recognizable. You'd have to make your own clothes and build your own cities.


    1 out of 1 members found this post helpful.
    Reply With Quote
     

  3. Collapse Details
    #23
    Chapelgrove Films
    Join Date
    May 2006
    Location
    North Carolina
    Posts
    4,416
    Default
    Quote Originally Posted by Andrius Simutis View Post
    True enough, but in that sense I could sue you right now for this post. On what grounds? Who cares!
    That's true, but you'd have two choices -- either hire a lawyer or file the suit in small claims court. Good luck getting an interstate small claims suit filed on your own -- it would cost you out of pocket. On the other hand, big corporations have large teams of lawyers on retainer just for such things. If they wanted to sue you, they could do it with a phone call.

    But let's be realistic about this... The OP is shooting a web series, and for the sake of simplicity let's assume that it's not porn or horror or anything wildly controversial. The actors walk into a bar and you can sort of make out that there's a Bud Light sign on the wall for a few seconds. They talk about their relationship or whatever for a couple minutes and walk out. How was Budweiser harmed? Was there an endorsement implied? Over at Imbev global HQ someone sees the web show and spots their logo in the background. High five! We got some free exposure! Who's going to sue over that?
    Probably nobody. But you've made an awful lot of assumptions about what the OP's project is all about. The OP needs to understand that if the content of his film DOES in some way disparage Budweiser (or whoever), then he's walking on thin ice.

    If you take this concern to its illogical conclusion you'd have to scrub the logos off of all the cars on the street, or actually build your own generic cars because the shapes might be recognizable. You'd have to make your own clothes and build your own cities.
    No. Car shapes are not registered trademarks. Neither are clothes or cities. Logos are.

    But again, it's not about having to remove everything -- it's about how you portray the product. If you make a film where your main character drives a Mini Cooper, nobody's going to be upset. But if you make a film where a guy is the proud owner of a brand new Mini Cooper, and then show him continuing to have nothing but trouble with it and getting zero satisfaction from the dealer he bought it from, to the point where things fall off of it and it literally bursts into flames -- I think the Mini Cooper folks are going to have a problem with that.

    Only the OP knows how his film will treat any product shown in it. I'd venture to guess he probably has nothing to worry about. But he needs to understand where the line is.
    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


    0 out of 1 members found this post helpful.
    Reply With Quote
     

  4. Collapse Details
    #24
    Senior Member jamedia.uk's Avatar
    Join Date
    Nov 2012
    Location
    Birmingham UK
    Posts
    574
    Default
    This has just been published which might help
    Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know By Gregory Bernstein

    http://www.tandf.net/books/details/9781138775794/

    I have no connection with the book at all but am considering getting hold of a copy..

    link broken... Try thihttps://www.routledge.com/Understand.../9781138775794

    (URLs are getting ridiculously long these days !!!
    Last edited by jamedia.uk; 12-08-2016 at 12:48 AM.


    Reply With Quote
     

  5. Collapse Details
    #25
    Chapelgrove Films
    Join Date
    May 2006
    Location
    North Carolina
    Posts
    4,416
    Default
    Quote Originally Posted by jagraphics View Post
    This has just been published which might help
    Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know By Gregory Bernstein

    http://www.tandf.net/books/details/9781138775794/

    I have no connection with the book at all but am considering getting hold of a copy..
    Looking at the table of contents for this book, I don't see any mention of trademark infringement. Use of products, logos and such is generally trademark infringement -- if it's infringement at all -- not copyright infringement.

    Still, it looks to be a good book on the subject of copyright. Thanks for the link!
    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


    0 out of 1 members found this post helpful.
    Reply With Quote
     

  6. Collapse Details
    #26
    Senior Member Design Media Consultants's Avatar
    Join Date
    Mar 2016
    Location
    South Florida
    Posts
    297
    Default
    LOL - fix it in post


    Reply With Quote
     

  7. Collapse Details
    #27
    Default
    Film as is. Send bill to each company for advertising.


    Reply With Quote
     

  8. Collapse Details
    #28
    Senior Member
    Join Date
    Jul 2008
    Location
    Ocala, Florida
    Posts
    223
    Default
    Quote Originally Posted by combatentropy View Post
    Film as is. Send bill to each company for advertising.
    Now that's some chutzpah


    Reply With Quote
     

  9. Collapse Details
    #29
    Chapelgrove Films
    Join Date
    May 2006
    Location
    North Carolina
    Posts
    4,416
    Default
    Quote Originally Posted by combatentropy View Post
    Film as is. Send bill to each company for advertising.
    And since you didn't have a contract with the companies in place beforehand, they will have no legal obligation to pay the bill you sent them. Most will probably send you a cease and desist order, preventing you from using their logos in your film. Normally they wouldn't have bothered, but you had to have 'chutzpah'.

    You have two choices...

    1. Do it right.

    2. Do it wrong and hope it doesn't come back to bite you.

    Doing it wrong and then flaunting it to the companies who could shut you down for it is a bad idea.
    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


    2 out of 3 members found this post helpful.
    Reply With Quote
     

  10. Collapse Details
    #30
    Senior Member jamedia.uk's Avatar
    Join Date
    Nov 2012
    Location
    Birmingham UK
    Posts
    574
    Default
    Whilst companies have been slow to keep up with the very rapid pace of change in Digitial age over the last 30 years they are catching up.
    More companies are taking action.

    I note on Youtube if you load a video with copyrighted music it *automatically* gets picked up. I did a corporate awards video where music was played. I expect wedding videographers have the same problem. The result is that (in this case) Sony monitise the video. Which is fair enough.

    However if you have multiple infringements per video i.e. different trademark owners, you are going to get stuffed. And I would thing expensively so as they are likely to want you to pay their costs even if you take it down immediately.

    As David says above DO IT RIGHT.... even if they don't catch you (this time... so far.....) they will next time and then look at your previous videos.
    Also who wants to work with some one who is likely to get sued at any time?
    Who will want you to shoot for them if you are likely to be involved in legal action and not available 1/2 way through a shoot for them?

    It simply isn't worth it. And with the increased checking and automation of that checking they likely hood of getting caught is increasing.

    Finally how would you feel if people started ripping you off in the same way?


    1 out of 1 members found this post helpful.
    Reply With Quote
     

Page 3 of 6 FirstFirst 123456 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •