Copyright issues....

R

redterepro

Member
What are the laws of using copyrighted materials in the background of your film. For example, would I need clearance if there was a movie poster on the wall of the set? I'm really confused on this and havent found much info about it out there.

I'd like to feature a couple movie posters on the walls in my final film. If someone can help me out, thatd be great.
 
Re: Copyright issues....

Anything that you can clearly identify is worth getting permission for. It doesn't always mean you'll have to pay to use something, just that if you value your ass...you should cover it as much as possible.

(ass-less leather chaps wearers take note)
 
Re: Copyright issues....

I work on a TV show and we clear EVERYTHING that you see on screen. Any artwork, logos, music, identifiable products... the rule we use is "you can say it but not see it." In other words, we can say "do you want to go to mcdonalds?" But we can't show a McDonalds soda cup without permission. And if we say it but not see it and it's derogatory, then we get permission for that too.

I did however, go to a forum with several low budget horror filmmakers and their mantra was it's okay if it's in the background, but definitely not if it's in the foreground or featured. I imagine a TV network is going to be more strict than independent film, mainly because TV can have a lot more viewers, and they're always going to want to cover their ass. Also, the network doesn't like it when we even say stuff like mcdonalds because that pisses off another sponsor like Burger king.

If you're just doing it for festivals and don't plan on selling it, it's probably not as big a deal. But based on what I've read and hear people say, if a distributor picks it up they'll want releases.

Generally we make stuff up and if it's really important for the story then we get clearances.

Hope this helps
Bill
 
Re: Copyright issues....

Consult an attorney in your area. I know it’s expensive, but incorrect advice can be devastating. A message board is no place for legal advice . . .
 
Re: Copyright issues....

"Consult an attorney in your area.  I know it’s expensive, but incorrect advice can be devastating.  A message board is no place for legal advice . . ."

I agree with David. I was merely giving you a point of reference.
Bill
 
Re: Copyright issues....

Thanks a lot for the help guys. Attourney fees are a lot less money than being sued or the price of not legally being able to screen my film.
 
Re: Copyright issues....

Im sure the lawyer would know what to do but how do you go about actually getting permission? Who do you contact? Would you call someone at the Corporate Headquarters? I guess the lawyer would know who to contact huh?
 
Re: Copyright issues....

Yes talk to an attorney that knows the industry, but I'll pass on what I heard an attorney tell me. If the shots pass by something and it's not featured, meaning the camera does not make it a prominent part of the story or shot then it's considered a passing shot and is fine, no permission required. Imagine permission on every type of car & truck passing by, light fixture mfg., telephone company, (hey that's our pole there!), there is an acceptable degree which is passable. On the other hand, logos, little alligators on shirts etc... need permission. One approach is to put green screen over signs and CG them later...sell the space!

it's amazing that TV news doesn't carry this burden but sells ads by providing news stories. It makes me want to reinvent the old news reel story! Do you think that would hold up in court?

Yes ...see an attorney.
 
Re: Copyright issues....

[quote author=David Jimerson link=board=MesPhotos;num=1105409946;start=0#3 date=01/11/05 at 12:32:15]Consult an attorney in your area.  I know it’s expensive, but incorrect advice can be devastating.  A message board is no place for legal advice . . . [/quote]

This includes anecdotal legal musings as well. (don't trust the above post to hold true in your specific state/locality/situation, when in doubt...check it out)
 
Re: Copyright issues....

PS - Can we just make David Jimerson a Mod in the "business" section? Perhaps we should draw up a standardized disclaimer post that can be cut and pasted into discussions of this nature to warn everyone and indemnify the board.
 
Re: Copyright issues....

"Im sure the lawyer would know what to do but how do you go about actually getting permission? Who do you contact? Would you call someone at the Corporate Headquarters? I guess the lawyer would know who to contact huh?"

DVXShooter,
We have a company that we pay to do research for us. They will read a script, then create a list of things that could be clearance concerns. They will then contact the corporate offices of whatever products, stores, etc, and speak with the marketing and/or legal departments. This company we use does have a lot of resources to gather information - for example they have access to databases of who holds trademarks and copyrights for specific items/ names, etc. They then will get a simple release signed by the company allowing use of their product, logo, etc. Obviously some products/logos are harder to get permission for than others.

We also have a music supervisor who clears all music in the show.

Of course, everything is run by our legal department at Fox. They can be pretty anal (and annoying!). We do clearance on every name (well, if it's a full name - we never check just first or last names). Sometimes our EP just tells the legal dept to go f#&* themselves and we do stuff anyways.

Bill
 
Re: Copyright issues....

Now what I am curious to know is do you have to get permission to have your Talent wearing a pro sport jersey in one of your projects. I remember Martin Lawrence wearing Michael Vick's jersey in Bad Boys II.

I will have to look into a company that does research like was suggested above...
 
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