Debate- False Advertising

Robbie Comeau

Robbie Comeau

Como's back. back again
Funny debate last night my two friends had over a Twilight fest film I showed them.

What happened in the film:

A girl gets out of her car, and simply walks in to a gas station. It's a wide shot. No camera movement.

A MONSTER logo (energy drink) is posted on the wall.

My one friend immediately started saying False Advertising, and how the company COULD sew if they wanted.

My other friend begged the differ..

Any input on this? It was for a DVXFEST...It wasn't being sold. Would it make a difference if it DID get sold? Then they'd HAVE to get the rights correct?

Thanks,

Robbie
 
This is not False Advertising; this is illegal use of a copyright (copyright infringement).

If you use anyone's copyrighted logo, business or product name or service identity without permission, then you open yourself up to liability, should the rights-holder choose to pursue you.

The chances that this will be an issue so long as your project is in non-commercial distribution are small.
 
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Although unless the presentation is substantially defamatory, major copyright holders are very, very unlikely to pursue it unless the project in question goes to wide distribution, and/or makes some money.

There's the letter of the law, then there's what you can reasonably expect to get away with.
 
Don't confuse copyright with trademark. Two very different things. Trademarks CAN be used without permission, depending on the circumstances. There are also different requirements for protection.
 
None of the majors' clearance departments will permit use of un-cleared trademarked materials, any more than copyrighted materials. Draw your own conclusions.
 
Disney trademarked the exterior look of their concert hall here in L.A. They sent out the word that it was not to appear in any photography without permission. Court ruled against them, I am told, because they are part of the public exterior of everyday life in downtown. The line is drawn if the concert hall is FEATURED - then Disney can exercise their trademark rights and control.
 
I had a line producer explain it this way: You can have your actor walking around in Levi jeans and even see the logo without worrying really about permissions, but you can't have your actor strangling someone with Levi jeans. The same kind of thing goes for businesses as well. The same guy told me that they shot a scene of someone walking down a busy street with lots of business signs in frame and the only reason a PA was sent back into the stores with wavers was because they were actually shooting ahead of schedule and had the extra time.

It's like Sad Max said, if it's not bad, you probably don't have to worry.
 
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