Would I Get Lawsuits Hurled At Me For Doing This?

Isaac_Brody said:
You can do whatever you want, just be aware that festivals do ask about rights clearances and it can bite you in the ass. I know several people who have had issues not only with festivals but they had trouble selling their shorts in markets because of it.

If this is a short film that no one will see and that you'll screen for your friends late at night in the basement with milk and cookies, go for it. But if you want a wider audience it might be worth working around it.
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if you have a trademark that can identified in your film you will not need to clear it if: you are not committing trade libel, and the trademark is used as it is intended to be used without any consequences of its uses being abnormal or out of the ordinary.

Applying the facts involved in your film to the above statement is the film makers responsibility when deciding to have something identifiable in the film, but that is the general rule.
 
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Points taken, guys; thanks for the advice, it certainly puts things into perspective. Better safe than sorry. After all, I'm the one getting it from behind if anything goes wrong - I'm sure you guys are just looking out for my best interest. :-)

I'm going to ask for permission to use the card... seems easier. I wonder if the fashion magazines need to be cleared? Or are they considered "trademarks"?
 
Fidelio - Once again, "who" do you hope to distribute your video to? That information would REALLY help a lot and might save us a lot of time and you a lot of trouble.
 
Yes the magazines have to be cleared, and if you read my post above - from an entertainment attorney - you'll see he specifically mentions trademarks:

Entertainment Attorney said:
If so, the logo or car name is a trademark and you do need clearance.
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I agree with everyone else here that you probably dont need the clearance for your 1 minute short that you aren't selling, but you brought up the legal aspect and these are the answers. BUT, NEVER take the advice of any random forum member when it comes to legal responsibility, unless that advice is to "consult an attorney". That is the only reasonable advice.

My advice is to consult an attorney if you are intent on using the trademark, but you should really just make up a fake agency. If it were a documentary, I'd see the need to use the real name, but in a narrative, it just isnt necessary. Like many others have said, if your film lives or dies on using the real name, you have bigger problems.

Why ONE minute?
 
Fidelio said:
Points taken, guys; thanks for the advice, it certainly puts things into perspective. Better safe than sorry. After all, I'm the one getting it from behind if anything goes wrong - I'm sure you guys are just looking out for my best interest. :-)

I'm going to ask for permission to use the card... seems easier. I wonder if the fashion magazines need to be cleared? Or are they considered "trademarks"?
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As stated earlier, fashion magazines are copyrighted and can't be reproduced without permission.
 
Devon

I don't know why your source states that you would need to clear the car logo, but it runs contrary to quite a few experts in the field.

Trademarks that apear in a picture do not have to be cleared, with two exceptions. If your picture is being made for television, complicated FCC rules and network policies sharply limit the appearance of trademarks. The second exception is if the portrayal is disparaging. For example, if the movie contains a running joke about what a lemon a car is. - The Independent Film Producers Survival Guide: Erickson, Tulchin and Halloran

A filmmaker's right to include trademarks within a film is clear. Trademarks are used by a manufacturer to identify a source of products: Coca-Cola, Infinity, IBM are all trademarks, and you have a right to include them in your film as long as the product bearing the trademark is used as it was intended to be used without any consequences of its use being abnormal or out of the ordinary.

There is one caveat: You do not have the right to commit trade libel in the name of entertainment. Trade Libel occurs when a product or service is falsely accused of some bad attribute. Clearance and Copyright, 2nd ed: Michael C. Donaldson

Everyone should decide for themselves and do their own research.

Good advice to seek an attorney and not take advice on line.
 
Maybe I'm missing something....

He says he wants to use the 'card' -- by that I assume he means the business card. First question I'd ask is -- is the NAME of the modeling agency registered as a trademark? If it IS, then yes -- ask their permission. If the NAME of the company isn't a registered trademark, though, then your only concern (I would think) would be the copyright of the company logo or business card design itself.

There would be two ways around this. One -- print your own version of the card, minus the logo, with just the company name and info.

Second -- if you're just wanting the girl to pull the card of out her pocket, look at it, hesitate, then decide not to call, then why do you even need a card specifically? Can't she have the modeling agency's name and number written on a piece of paper?

One further thing to be concerned about -- the agency might not want their street address and real telephone number displayed onscreen. All it takes is a flood of crank calls, and you'll be hearing from their lawyers.
 
Here's some reality checks for this seriously active thread.
1. The odds of a lawsuit precipitating out of this are miniscule.
2. Winning or losing the suit wouldn't matter as much as the legal fees would.
3. The school would probably be on the hook for the suit as much as the individual.
4. Any publicity is good publicity (certainly true for up-and-comers).
5. You don't want to put a real phone number in a movie, that's just mean.

My advice is twofold. First, don't use the card in this case, because you're working with a school and because it's got a real number on it. Second, don't be afraid of litigation. If someone sues you, that means you're a threat. If you're a threat to someone, you're valuable to someone else, so you're just proving you're employable.
 
ProfessorU said:
Second, don't be afraid of litigation. If someone sues you, that means you're a threat. If you're a threat to someone, you're valuable to someone else, so you're just proving you're employable.
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Wow.

Don't try this approach unless you keep a large cash reserve fund and are willing to risk parting with big chunks of it...

...someone can sue you for any reason, or no reason, whether you are a threat, or they perceive you to be one, or not.

Getting your ass hung out to dry over an avoidable lawsuit - just as a matter of general principle - does not prove you valuable or employable; in fact I'd think twice before including someone in my team who has demonstrated that kind of recklessness.
 
If you have assets, my strategy isn't recommended. I figured that a poor college kid would have little to lose. If he gets sued, it's not like he'll have any assets to take.

Lawsuits can make a great documentary, however.
 
If he has no assets, how will he pay the lawyers he'll need to defend himself against a lawsuit?

Besides, losing a lawsuit can cost him FUTURE earnings. Just ask O.J.
 
There is zero intelligent reason to put yourself on the receiving end of a lawsuit, no matter what resources you do, or do not have.

Which is not to suggest that you tread in constant anxiety over stuff like a Coke can visible in the deep background of a student film, just that you exercise reasonable discretion.
 
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