Do you think this is "fair use"?
- Thread starter Dvader
- Start date
Kirk Gillock
Rebel with a cause
The only issues would be if the film was controversial or the character was not "likable" and, therefore, portrayed the website in a negative way.
Example: A character, who enjoys stealing from old women, gets online and visits the DVXuser website. Jarred probably wouldn't be too happy about that and angry phone calls might be made.
Not many sites would turn away free advertising. Speaking of, if you have them search Isara, instead of Google, I promise we wouldn't sue. Think about it and have your people call my people.
Example: A character, who enjoys stealing from old women, gets online and visits the DVXuser website. Jarred probably wouldn't be too happy about that and angry phone calls might be made.
Not many sites would turn away free advertising. Speaking of, if you have them search Isara, instead of Google, I promise we wouldn't sue. Think about it and have your people call my people.
Dick Campbell
Veteran
I disagree - you are showing copyrighted material, it matters not whether you are showing them in a good light (subjective anyway). You still need permission. Even tho "to google" has entered the lexicon, "Google" is still a copyright/trademark. I am not a lawyer, just MHO.
TwistedLincoln
Veteran
I'm not a lawyer, but I've read up on this before. I think it depends on how it is used. It's my understanding that if the use is both realistic (used in the way the product intended), and does not suggest any endorsement, you should be fine on the trademark grounds.
Copyright is a bit harder. You'd have to prove that the use is incidental and not intended to be showcased. So having your main character browse Google to search for something is not a good plan. On the other hand you'd probably be fine if your main character walks into an internet cafe and somebody in the background is browsing Google.
Of course, as PK said, you'd might as well just get people who want the publicity to give permission, and use their websites instead. Much easier, plus you get the built in word of mouth provided by the site admins telling people "go see our site showcased in XYZ movie."
Copyright is a bit harder. You'd have to prove that the use is incidental and not intended to be showcased. So having your main character browse Google to search for something is not a good plan. On the other hand you'd probably be fine if your main character walks into an internet cafe and somebody in the background is browsing Google.
Of course, as PK said, you'd might as well just get people who want the publicity to give permission, and use their websites instead. Much easier, plus you get the built in word of mouth provided by the site admins telling people "go see our site showcased in XYZ movie."
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Kirk Gillock
Rebel with a cause
Campbell - I agree with your disagreement. He should definitely get permission.
And most websites will give permission, if asked, because they'll consider it free advertising. Except for the big sites (google) which will make you jump through hoops of lawyers.
But when you contact a site they will definitely ask how their site will be portrayed and used. It's usually the only thing they're concerned about. I had that issue when I used the game "Snood" in my short film, The Loner. All I did was guarantee them their game would not be a joke or portrayed negatively and then explained the scene. After that they gave permission.
Good luck with your film.
Edit: TwistedLincoln types faster than me.
He should definitely get permission.And most websites will give permission, if asked, because they'll consider it free advertising. Except for the big sites (google) which will make you jump through hoops of lawyers.
But when you contact a site they will definitely ask how their site will be portrayed and used. It's usually the only thing they're concerned about. I had that issue when I used the game "Snood" in my short film, The Loner. All I did was guarantee them their game would not be a joke or portrayed negatively and then explained the scene. After that they gave permission.
Good luck with your film.
Edit: TwistedLincoln types faster than me.
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Matt Grunau
Adobe Demigod
Why dont you just make something that looks like a web page? With still shots, you can make all kinds of animations. I do that kind of thing all the time. find six web sites, visually get the parts of the web page that you like, and incorporate them all. You dont copy the material, you emulate the style(s).
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Will Clegg
Veteran
Doesn't really matter if it is brief. If you are making a fictional film, you need permission to do that.
If you were making a documentary, fair use could come into play - but it's not really a question of the length of the shot. There is a lot of information about fair use in the Filmmaking>Journalism/Documentary forum, but the best information will come from an entertainment lawyer.