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Using copywritten products as props in films

12 years, 2 months ago - Peter Butler

Hi everyone,

I've read little on this subject and from I can tell you can use products and brands in your film as long as they're incidental, so not the main focus.

Does this also extend to situation like if the character turns on a a branded TV or radio. Or is brushing their teeth and uses a branded toothpaste. Although the product isn't the centre of attention it's still quite clear to the viewer, especially if it's a close up as they pick it up.

I also see it a lot in films where they use a certain brand but cover the logo. You see this especially with smart phones. Is it enough to just cover the name even if it's still obvious what make it is?

Sorry if this has been asked loads but I did a search on the site and couldn't find anything.

Look forward to hearing from you


Peter

www.baggagethemovie.com
http://bubblegummonsters.blogspot.co.uk/

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12 years, 2 months ago - Peter Butler

Brilliant thanks for the advice everyone.

I found this online too which was helpful

http://www.ehow.com/how_10002308_use-copyrighted-materials-props-films.html

Looks like I'll just remove logos that close up in shot to be on the safe side.

Thanks again!

Response from 12 years, 2 months ago - Peter Butler SHOW

12 years, 1 month ago - Peter Butler

"Normally brands are only to happy to have the brands featured (unless there is some sort of derogatory connotation) and will sometimes even provide goods / props for usage or even pay to be included."

Thanks for the info Daniel.

If only the same could be said about bands and music.

Response from 12 years, 1 month ago - Peter Butler SHOW

12 years, 2 months ago - SONJA NASH

Hi Peter
be very careful. It is best to go to a company and say what you want to use....or what is in your planned shot...and get clearance because they could block your film from release. Go to a company like: "Scenario UK" for clearance advice.
If it's a BBC project....no logos or anything deemed to be financially aiding anything. However - if you are filming a street scene and you pass by McDonalds...you can hardly knock the building down...there are logos everywhere we exist. This is what is meant by incidental filming, so no lingering.
If you are in a bar and someone pulls a pint of say, 'Fosters'...you MUST get permission - even if it is not the main focus of the shot and is only in the background. That will apply to your toothpaste too. So you could always cover it with a bit of spray paint on the tube or a snazzy but of tape?
Or strategically have your artist hold the toothpaste with their hand covering the label? But that is always tricky as you need someone to keep a close eye on each take, to be sure it remains covered.
I recently did shoot involving a school and you would be amazed how many school bags have 'Nike' tick on them...NIGHTMARE...had to cover the whole lot as it was for the BBC. Anything like that would be seen as brand advertising.
Equally on another shoot we had a crowd holding beer bottles and there was no time afforded in covering all the bottle labels - we just told the extras to cover the labels up with the way they held the bottle.
Some listened...but there will always be someone who doesn't quite cover it well enough or a smart Alek who thinks it's funny to let the label slip.
Cover yourself whenever and wherever you can!

Break a leg
Sonja

Response from 12 years, 2 months ago - SONJA NASH SHOW

12 years, 1 month ago - Daniel Cormack

The reason some brands are obscured is normally because a piece of US television has been paid to product place , but until recently that was illegal in the UK. Hence the US X Factor used to have to blur out the very prominent Coke glasses that the judges all had when they were broadcast in the UK.

The issue with brands is usually trademark, not copyright. Obviously incidental usage in documentaries and such like is not an issue, but in a fictional work people usually clear the trademarks as a precaution. Normally brands are only to happy to have the brands featured (unless there is some sort of derogatory connotation) and will sometimes even provide goods / props for usage or even pay to be included.

Response from 12 years, 1 month ago - Daniel Cormack SHOW

12 years, 2 months ago - Peter Ward

When commercial shoots cover up badges/logos it's usually because of product placment arrangements they have not fear of trademark infringement. A trademark is not the same thing as a copyright and generally just showing a brand logo or badge or isn't a misuse. However companies will sue for anything-law is a flexible instrument, after all-so it's "best practice", as with the reproduction of CRed material, to avoid doing if possible.

Response from 12 years, 2 months ago - Peter Ward SHOW

12 years, 2 months ago - SONJA NASH

and.....don't forget sometimes people will supply you with products for your film in return for the free advertising if they like your script. This is also a possible course of revenue...as some people may even pay for you to promote their product...although I've personally found the latter to be less and less as time wears on in this industry.

Response from 12 years, 2 months ago - SONJA NASH SHOW