Copyright Questions Concerning Vehicles and References to Famous People (+ Others)

First off

Second: 7) Insurence and incorporating aren't to sell your movie, they are to protect you from getting sued when you do. If you sell it and someone says "Hey that's me sipping coffee at my brother's coffee shop and they didn't get permission" you're screwed!

You need insurence to protect yourself is someone gets hurt durring the making of the film.
You should get an LLC because if you don't, if you get sued, it's coming out of your pocket. If you have an LLC, the business is the one out of money. Would you rather loose the LLC, or owe $250,000 to brother earl's coffee shop from your garnished wages?

Ok thanks for that info but I still need more answers.
Also I've got also got another question.

What about computer use in a film. Is it okay as long as the operating system isn't recognizeable (like showing the taskbar) and the computer brand is hidden?

You should probably talk to an intellectual property rights attorney with an Alabama bar card.

Boz Uriel said:

You should probably talk to an intellectual property rights attorney with an Alabama bar card.

Click to expand...

That would cost money though wouldn't it?

I just need some quick answers or a website I could go to with some good information. Please help me because these problems are making it hard for me to write the rest of the script.

Insurance basics:
1. Rental insurance - so you can rent gear, almost impossible to rent without it. If no need to rent, you don't need this.
2. Liability insurance - as mentioned above, you need this to protect yourself in case someone gets hurt or something gets damaged during production.
3. E&O (Errors and Omissions) Insurance - it will be very hard to distribute or sell your movie without this type of coverage (which basically protects you from copyright infringement suits, etc.). Sometimes distributors will pay for this but usually its the production company's responsibility in my experience. You can get this after the fact if needed.

As far as your questions.

1) Car. Probably not, as long as the car is incidental to the scene, meaning it is just a prop that needs to be there, not the focus of the scene or topic of discussion, or portrayed in some kind of negative light (ie. a lemon car, not safe, evil car, etc.). I would avoid showing logos if possible.

2) You can talk about whatever you want in dialogue for the most part as long as your not deliberately slandering, libeling, etc. Historical figures are open game. I'd ask myself if these things are really necessary and consider using fictional or made-up substitutes.

3) Don't use the sound effect and you should be fine with this. Don't call it a lightsaber, don't have the hilt be an actual SW lightsaber.

4) This is probably fine as long as their is no easily identifiable company logo, copyrighted artwork, etc. on the bannner.

5) As long as the release in legally binding you don't need anyone's permission other than the property owner to film in a private residence or building. Note, this means "owner" not the resident or tenant.

6) Check with the local govt. Permits to do this are probably free (or relatively cheap), but you will most certainly need to show proof of liability insurance of at least 1 mil dollars.

7) No, but is a good idea. The thing is being able to document and prove that you don't infringe copyrights and have all the neccesary paperwork, releases, etc. Lawyers and E&O insurance companies will force this to happen. If you do get a distributor, they will go through your production with fine tooth comb to make sure it is legal to sell, because it's also their ass on the line.

And finally, I'm not a lawyer, these are just my personal observations and experiences.

It might cost money, most lawyers wouldn't mind meeting you for lunch or after dinner drinks to answer questions pro bono or for a credit. Most will offer first consultation for free knowing full well if you really need a lawyer you'll turn to them. Some things about lawyers are nice. Never hurts to ask.

your questions

first off.. you are thinking smart by asking all these questions.

the first thing you need to ask yourself is are you going to sell your movie. obviously... the answer is yes.

so every actor you have every person in the scene.. get a signed slip for use..
same with locations. and MUSIC music is VERY IMPORTANT....... to get this for...

You can't get E&O insurance with out these things.

as far is the use of the lightsaber.. I did the same thing in my flick SPEILBURGH http://www.speilburgh.com

you just shouldn't use the actual sound effects.

there is even a scene in the movie where we quote an exact line from Jedi and filmed it almost shot for shot.. the actor even does the breathing like Darth Vader. and All that was ok..

The movie is CALLED SPEILBURGH sounds like spielberg and the main character is named Steven Speilburgh

but it has nothing to do with the big time director.. this guy is just a wanna be filmmaker with a name that sounds the same...

and all that was OK..

We did have to cover up Pepsi Logo's and such.. and we had to cover up a Major League Base ball logo on an actors hat (close up) when you are shooting.. just have a sharpie handy to do a little changing.. or some tape to cover things...

you won't have a problem.

Always best practice to write a letter to the (c) holder or company and inform them of the intention to use their product/service.

But best bet is top try and avoid, at all costs, using brandings and logos because it can bite you on the arse (a friend of mine has been stung over £2.5k UKP just for referncing a film).

Hope this helps!

Phil Hobden
-- Modern Life?--