if I shoot energizer bunny balloon - is that copyright infringement?

C

c.g._eads

Veteran
I'm shooting some hot air balloons this weekend. If the energizer bunny balloon is right in the middle of them all, and I can't get a shot WITHOUT it in there, am I screwed? Is having that in my shot copyright infringement?
 
I think you're fine to shoot but if you're gonna try to do something that makes some money off of the footage you might want to consult a lawyer.

I'm not 100% sure on this, but I think that since they are putting their logo out in a public space that you can get away with shooting it since it's incidental, but if the company smells a dollar, they'll probably find some way to sue you on it. But overall, I think that if it's public property and their logo wouldn't be there if they weren't the ones putting it out there, then I think you're covered.

But I wouldn't do anything negative to their logo and I would try to keep it as incidental as possible.
 
Depending on how prominent it is, you could probably use some kind of blur effect to make it unrecognizable without being too obvious.
 
Or you could pitch it to them as free advertising, and emphasize that they don't have to pay you anything.
 
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