Rules of Showing Name Brand Products in Film?

F

FreakIndeed

Hi there,

We are getting ready to start production of an independent feature length family film entitled “New” (http://www.themovienew.com). I know things can be fixed in post with editing, but I’d try to avoid trouble right from the get go. Characters in the movie will be using things like computers, cell phones, cars, video games, etc… is it allowable to show these things and the brands or logos be seen? Should we try to shoot around brands and logos? Or MUST we AVOID them completely? To be clear, these are not meant to be product placements or endorsements and we do not intend on showing a close-up of a brand simply to show it off (i.e. really focus on the fact someone is using an Apple computer). I simply want to be able to have the shots look natural and not like we are “hiding something” from the camera.

Thanks for your help!

Tony
 
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I always cover up logos whenever possible. That way there's zero percent of a lawsuit. Having said that, you do have a right to "dress your set" with real products. Just avoid situations when too much attention is draw to a product. This might confuse viewers into thinking that you might be sponsored by the product. You also don't want to create an unsavory association with a product (example: a drug dealer character who wears a Jack Daniels T-shirt suggests that "drug dealers drink JD"). You also don't want to improperly use a product. For example Paramount got sued by Wham-O because a character got all scraped up from sliding on a slip 'n slide with NO water running on the slide. Wham-O actually LOST their lawsuit, which was a victory for ALL filmmakers regarding the topic you are concerned about. Nevertheless, right or wrong, you don't want to get sued. You don't collect attorney's fees when you successfully defend lawsuits -- You lose all that money you spent on attorneys!

In an old thread I mentioned a scene in which I rented out a liquor store. Many shots had REAL products seen in the background, including a closeup that had rows and rows of Camel cigarettes behind an actor. It would be absurd to expect filmmakers to clear out an entire store, so the law is on your side in this case -- This according to an entertainment attorney.
 
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Blade_Jones said:
I always cover up logos whenever possible. That way there's zero percent of a lawsuit. Having said that, you do have a right to "dress your set" with real products. Just avoid situations when too much attention is draw to a product. This might confuse viewers into thinking that you might be sponsored by the product. You also don't want to create an unsavory association with a product (example: a drug dealer character who wears a Jack Daniels T-shirt suggests that "drug dealers drink JD"). You also don't want to improperly use a product. For example Paramount got sued by Wham-O because a character got all scraped up from sliding on a slip 'n slide with NO water running on the slide. Wham-O actually LOST their lawsuit, which was a victory for ALL filmmakers regarding the topic you are concerned about. Nevertheless, right or wrong, you don't want to get sued. You don't collect attorney's fees when you successfully defend lawsuits -- You lose all that money you spent on attorneys!

In an old thread I mentioned a scene in which I rented out a liquor store. Many shots had REAL products seen in the background, including a closeup that had rows and rows of Camel cigarettes behind an actor. It would be absurd to expect filmmakers to clear out an entire store, so the law is on your side in this case -- This according to an entertainment attorney.
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Regarding the Wham-O lawsuit, were there any Wham-O or Slip 'n Slide logos used or was just the image of it enough? The reason that I ask is that I am currently making my first feature where cars are killing people. I am removing all logos, but could I still face a lawsuit from Ford or GM?

And to what Cracker Funk said:
Hmm...this has got me thinking. What about if a character TALKS about a name brand? Anything wrong with gesturing to a syrupy-red drink in a glass, and offering, "Kool-Aid?"
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In the film Donnie Darko, they got permission for the Smurf discussion incase of legal reprocussions, the company that owns the rights to The Smurfs deemed what the characters were saying accurate, so they allowed it.


And to the initial question by FreakIndeed:

Don't use any logos unless you have permission. You don't want a lawsuit and Distributors REALLY don't want a lawsuit. They're going to ask for legal documents concerning copyrited things such as brandnames before they buy your movie.
 
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Don't show any logos or anything that the average person would recognize. If it's prominent, better make it at least seem generic.

As for talking about stuff. It's the 1st amendment. You cannot be sued for saying the name of a brand and talking about it. That is, as long as you don't slander the product or company. And slander means a lie, you can have a negative opinion about something and say it, but it's not slander unless it's untrue.
 
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Hmm...this has got me thinking. What about if a character TALKS about a name brand? Anything wrong with gesturing to a syrupy-red drink in a glass, and offering, "Kool-Aid?"
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Why even chance it? Just invent your own product name.
Regarding the Wham-O lawsuit, were there any Wham-O or Slip 'n Slide logos used or was just the image of it enough? The reason that I ask is that I am currently making my first feature where cars are killing people. I am removing all logos, but could I still face a lawsuit from Ford or GM?
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I don't know. The movie was Dickie Roberts: Former Child Star (2003).
There's cars in just about all movies. Nobody is gonna sue you over that. Imagine if we lived in a world where car makers could sue everyone for trademark infringement just because their car appeared in a movie?
 
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Hey guys,

So I think we have a pretty good idea about brand names and company logos; what about franchise images or product without logos?

I have a scene that takes place in the bedroom of four teen/preteen boys in the late '80s. So to make it really sell, we're talking movie posters on the walls, toys scattered about, action figures, etc, etc...you get the picture.

Am I just asking for trouble here?

Thanks,
 
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Bedwyr said:
Hey guys,

So I think we have a pretty good idea about brand names and company logos; what about franchise images or product without logos?

I have a scene that takes place in the bedroom of four teen/preteen boys in the late '80s. So to make it really sell, we're talking movie posters on the walls, toys scattered about, action figures, etc, etc...you get the picture.

Am I just asking for trouble here?

Thanks,
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Yup. You can TALK about whatever you want, but you cannot SHOW anything you want. Posters, toys, items - these are all covered by copyright or trademark laws.
 
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ROC said:
So how about an iPhone.

Do I really need to go to Target and buy a 20$ random phone just to have a prop or can he just use his iPhone?
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Use whatever you want, just try not to focus on a logo. A silicon iphone case that will cover the logo is like $2 on ebay. A hand will do the job just as well for free. I used brand name liquor bottles in a bar scene for my movie and we just rotated them so no lable was completely turned toward the camera.
 
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jeremy said:
Use whatever you want, just try not to focus on a logo. A silicon iphone case that will cover the logo is like $2 on ebay. A hand will do the job just as well for free. I used brand name liquor bottles in a bar scene for my movie and we just rotated them so no lable was completely turned toward the camera.
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A while ago there was a spate of people in BBC drama programmes holding iPhones upside down while answering calls, so as to obscure the logo. Makes perfect sense from a film-making point of view, but made the tensest scenes hilarious if you'd ever used one…
 
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ROC said:
yeah... in the movie The New Daughter, Kevin Costner's laptop is a Dell laptop with a fake Apple symbol pasted on it.

What the F happened with that???
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Probably a studio product placement contract with Apple. Have you ever noticed how disproportionately Apple is represented in film relative to actual real world adoption?
 
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jeremy said:
Probably a studio product placement contract with Apple. Have you ever noticed how disproportionately Apple is represented in film relative to actual real world adoption?
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I can't imagine Apple would allow their branding to go out on a Dell. It could've been one of the old Powerbooks, or an imitation apple sticker… I've seen ones of a pear with a bite taken out of it before.
 
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chilipie said:
I can't imagine Apple would allow their branding to go out on a Dell. It could've been one of the old Powerbooks, or an imitation apple sticker… I've seen ones of a pear with a bite taken out of it before.
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....so instead of a Macintosh, the computer is a ...Bartlett?


...okay, I'm done now.... :D

-- spinner :cool:
 
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If you're not going to make any money off the production, then you can use any name brand you want.

If you plan on selling the product or making money...don't show anything.

You won't always get caught...we once had a Canon still camera in a shot, clear as day in a nationally distributed movie which has garnered a good deal of attention, and we haven't heard anything...and it's during a pretty adult scene they may not want to be related with...

But whatever.
 
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In the film Donnie Darko, they got permission for the Smurf discussion incase of legal reprocussions, the company that owns the rights to The Smurfs deemed what the characters were saying accurate, so they allowed it.
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I feel i must input. This conversation was about the smurfs having a gang bang with smurfette and then papa smurf filming this event and then later masturbating to the tape.

The Smurfs deemed what the characters were saying accurate
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really?

This is my favourite movie scene of all time, however the movie as a whole was a bit too weird for me.

When i'm filming anything i generally just move anything like that to the side. and when im vlogging ill make sure there isnt logos on my shirts because youtube is getting too picky about that now.
 
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