ASK & DISCUSS
INDEXCan I use a close up of a famous record company's label in my short drama film? Can I also use a close up of an accountancy book cover in my film?
11 years, 6 months ago - Azeem Khan
I'm currently editing a short drama film in which a character cleans an old '78 record (from 1949) with a cloth, in close up, and we see the name of the (famous) record company on the label.
There is also another close up view of some books with their covers clearly visible, incl. authors name, and in some cases, the publishers' names. These are accountancy books.
My short film is intended for film festivals and YouTube/Vimeo primarily. If it's really good it might be screened on TV, but I have no guarantee of that.
Can I use these shots in my short film without fear of litigation?
Abdul Azeem Khan
Azko Films
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11 years, 6 months ago - Dan Selakovich
To Marlom's point: what's legal and what will keep people from suing for a perceived violation of TM or copyright are two different things.
Response from 11 years, 6 months ago - Dan Selakovich SHOW
11 years, 6 months ago - Tom Green
You have three choices.
1. Remove all shots featuring copyright names on objects.
2. Wing it. Just use them and hope for the best.
3. Contact the record label and publisher and ask them for permission.
9 times out of ten the third option will be fine. Explain you've got no budget, it's just for festivals, chances of serious money being made is nil. They'll probably say yes, no problem. But in the one chance in ten where they do say no, but you go ahead anyway... expect a world of pain and big bills. Not worth trying.
Response from 11 years, 6 months ago - Tom Green SHOW
11 years, 6 months ago - Marlom Tander
Agreed Dan
Response from 11 years, 6 months ago - Marlom Tander SHOW
11 years, 6 months ago - Dan Selakovich
"Can I use these shots in my short film without fear of litigation?"
The short answer is no.
Festivals, depending, aren't going to be a problem. Youtube isn't going to be a problem unless the copyright holder sees it. And if they do, will they care?
In the end, probably nothing will happen. And probably at worst you will get a cease and desist letter. But you are violating TM and/or copyright law. But I just don't think the creators will care. In fact, they might be flattered.
Response from 11 years, 6 months ago - Dan Selakovich SHOW
11 years, 6 months ago - Marlom Tander
The actual answer is, it depends :-)
http://www.videomaker.com/article/14257-whats-legal-placing-products-in-your-production
http://commons.wikimedia.org/wiki/Commons:Derivative_works
http://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_subject_matter
and then, in effect you can use anything, even if there is a rights holder, if your use is such that they don't bother to sue.
Note that some organisations actually have "tougher then legal" standards. For example I had YouTube pull a video of an improptu climbing demo at a climbing wall because a Dylan song was being played on the tannoy. Technically, (yes, as laid down in US and UK law) that was an incidental use and thus allowed, but of course it soon got flagged by YT and if you've ever tried to argue with them you'll understand why I took it down. (Their site, their rules. I could have put it on my own server if I wanted to).
But even with YT it's only audio that they have automagical tools for.
Enjoy :-)
Response from 11 years, 6 months ago - Marlom Tander SHOW