ASK & DISCUSS INDEX

9 years, 4 months ago - Paddy Robinson-Griffin

I wouldn't bother - get a really generic black rectangle with rounded corners device and mock up some screens in photoshop for the 'apps' you need.

9 years, 4 months ago - Dan Selakovich

What Paddy said. But, if you're determined, here are guidelines from Apple. While it doesn't deal with motion picture use expressly, you could make an argument for 'b', since it is technically a photograph. Certainly what you CANNOT do is have a character with an iPhone and scream: "this iPhone sucks so much!"
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Depictions of Apple Products

1. Endorsement or Sponsorship: Apple does not support the use of its logos, company names, product names, or images of Apple products by other parties in marketing, promotional or advertising materials as their use may create the perception that Apple endorses or sponsors the product, service or promotion.

2. Compatibility: If you are a developer, you may show an image of an Apple product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Apple product or technology, provided you comply with the following requirements:

a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.

b. The image is an actual photograph of the genuine Apple product and not an artist’s rendering (Note: You must obtain express written permission from Apple before using any photograph owned or licensed by Apple).

c. The Apple product is shown only in the best light, in a manner or context that reflects favorably on the Apple products and on Apple Inc.

d. The reference to Apple does not create a sense of endorsement or sponsorship by, or other false association with, Apple or Apple products.

For further information with respect to Apple’s copyrights, please submit your request in writing to the Copyright Team.
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I would try to email them at: wwmarcom@apple.com (this is their permissions office. You also don't mention if this is a short film or feature. A feature will get a reply). In the end, Apple is KING of product placement. They don't pay to have their products in movies, but then again, they don't need to.

Tell them what you're doing and what activity surrounds the product.

If someone is simply making a call, and this is a short, I probably wouldn't worry as long as the film will never be available in a commercial way.

9 years, 4 months ago - John Lubran

The issue of branded products being featured in films, whether they be factuals or fictions, comes up regularly here. Whilst unlearned and/or disproportionately/cowardly lawyers love to make so much of the issue, lets first flesh out just exactly what is or isn't lawful. To begin with; there is no law in the UK, USA and most other modern western democracies that specifically gives an originator of a branded product any right to prevent or regulate their product from featuring in any film other than might be consequential to an enforceable agreement. When one buys an iPhone for example one is not presented with an agreement limiting how one may use it. The purchase of an iPhone comes complete with an absolute free title to it in law.

The list of Apples 'requirements' that Dan has referred us to is merely a simple reiteration of Tort Law if it has any authority at all. It is a matter of Tort in Common Law that if a malicious harm is done by anyone or entity to another person or entity then, and only if it be proven in Law, then a claim for damages may succeed. Merely showing an iPhone being used in a film can never be a Tort per se. If this was not so then absolutely anything manufactured by anyone appearing in a film would also have to be cleared; that's every car, designed structure etc. It's interesting to note in that Apple list that the only definitive legal assertion they make, other than warnings against committing a Tort, is that any photograph owned by Apple is copyright. Duh! Big Deal.

9 years, 4 months ago - Paddy Robinson-Griffin

I do agree with John in that they can't stop you...however some companies can be real dicks about this stuff, and this is where it doesn't really matter what the rights and wrongs of the case are - you can't afford to stand up against their thuggish lawyers if they do choose to be dicks.

What we've done in the past is simply getting a graphic designer to mock up an 'app' as a few jpegs, and use the most generic phone possible with a phone case and a thumb over any logos. OK, this is for a feature, meaning the lawyers might think there's money to chase compared with a short, but it's probably smart not to go there in the first place if you can work around it.

9 years, 4 months ago - John Lubran

As with the battle between David and Goliath, these corporate giants have their vulnerabilities and can and should be cut down to size when their presumption calls for it. We're now getting to a point where increasingly those expensive corporate lawyers are getting their arses served back to them with prejudice. Although these lost cases might not significantly hurt their clients deep pockets they threaten to hurt their clients ability to reassert similar claims. One doesn't have to be a QC to easily win these simple cases. Tort Law is both Common Law and Common Sense, any one in their right mind can handle it, one need not let their Latin babble pull the wool over ones eyes. It would be a foolish corporation that presses its luck over a minor issue that they are likely to lose. What does happen is letters from lawyers are attempted with scary threats; when they are ignored or countered with derisive argument they'll more often cut and run and won't be heard from again. It's only when a significant threat to their business model is at stake that they'll press their luck. I've been there more than just a few times!

A recent example of such vested interest getting the better of good judgement is the case of the Italian version of the PPS/MCPS entity who took a dental practise to court for regularly playing a live music programme on the radio in their waiting room. The case landed up being decided, in Italy but on European Law grounds, in favour of the dentist. This has now caused the UK PPS/MCPS to pause its own traditionally fierce pursuit of similar cases in the UK because of the precedence of that case here.

Additionally, its easy to structure ones business in such a way that maximises outcomes in your own favour and minimise any benefit your antagonist might win even if they were able to successfully argue their case. Big corporation dodges are no longer the sole preserve of big corporations.

'Courage mon braves'

9 years, 4 months ago - Dan Selakovich

I agree with everything you said, John. But there is a smaller, more necessary goal: to have the film cleared of issues to obtain E & O insurance. Without that, no legit distributor will touch it.

9 years, 4 months ago - John Lubran

Damn and curse those so called legit distributors for not fighting back for themselves and for us. They're slowing down the evolution of Western Society, or alternatively, the equality of opportunity.

A society for the support of Class Actions and mutual defence against corporate bullying is overdue. Another candidate for the vacuum potential perhaps?!

9 years, 4 months ago - Dan Selakovich

I tend not to plug things if I can help it. But buy this book. It can answer questions that you don't have enough knowledge to ask in the first place. It's American centric, but I'm sure a lot applies to the U.K. and especially applies if you get a U.S. distribution deal.

http://www.amazon.com/Clearance-Copyright-4th-Everything-Television/dp/1935247123/ref=sr_1_1?ie=UTF8&qid=1461088091&sr=8-1&keywords=film+law

9 years, 4 months ago - Paddy Robinson-Griffin

Just to reassure, 18 months on, and still nobody from Apple for back to us about iPhone usage, hence the generic black rectangle!

9 years, 4 months ago - Peter Spencer

Interesting one.... I have seenn iphones and heard the ring tone in a number of films, would be worth going back and seeing if they are mentioned in the credits. But they are so ubiquitous I can't see how they can do anything, a bit like filming a traffic jam and then going back and trying to get permission to have their car in the shot.

9 years, 4 months ago - Peter Spencer

http://www.businessinsider.com/apple-product-placements-in-tv-and-movies-2012-8?IR=T

9 years, 4 months ago - John Lubran

I'd take any apparently authoritative advice and opinion on this issue with a big pinch of salt. Faux learned sycophancy has a lot to answer for. But as Dan said, if those you need to do business with subscribe to legal babble you may have little choice.

'Who do they think they are and why do we put up with it?'

9 years, 4 months ago - Karel Bata

Get a phone cover that obscures the logo, and buy a green screen app. Key in your choice of graphics later.

Note - as with all green screen you should be careful with the level. It might seem that brighter is better. It's not. There is an optimal level. It's also very easy to just turn it on and not think about adjusting the level. If your camera has a scope use it.

Some useful looking tools here http://tips.newtek.com/using-your-smartphone-to-measure-green-screen-lighting/ A preview may not be accurate and shouldn't be relied upon, but it may give you advance warning of a problem.

Best of luck!