ART IN FILM

Hello Folks,

Thanks for the help! 2 quick questions:

1. We are going to have a scene in a convenience store. As I understand it, we don't need to empty out the entire store to stock it with prop-cola and prop-chicken. We will stick with shallow depth of field, and no single brand will be "showcased". I also read that as long as the product is being used via its "traditional" means, its OK, and that it is not defaced/defiled. If we don't focus on it (literally and figuratively) the bag of chips the character brings to the counter need not be a prop...correct?

2. One of our characters is an avid reader. His room will be filled with books. IE The Great Gatsby...any problem with something like that being in a shot? Again, not the focus visually, but an important part of the scene.

thank you!

Neil:yes:
 
Well books like the Great Gatsby shouldn't be a problem. You aren't reading the book to the camera or filming the books' print so that shouldn't be a problem just having it there
 
Products in stores are not copyrighted "art". Those are trademark related issues.

If we don't focus on it (literally and figuratively) the bag of chips the character brings to the counter need not be a prop...correct?
I would use a knock off product if they are purchasing it. Are the characters buying the chips unsavory people such as criminals? There was a famous case of a stoner guy wearing a Dodgers baseball cap in a print ad. They got sued over the ad. Paramount got sued by Wham-O over the use of a Water Weenie in Former Child Star Dickie Roberts, although Paramount won. You never know when some company might decide to be asses. Even if you're right you have to fight off the lawsuit.
 
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The more you've got to lose, the more care you need to take.

If you don't mind your car, house, trust fund being used to pay a lawsuit judgment, go right ahead and get feedback from anonymous posters in a forum.

Read a book on filmmaking law and if you still have questions, see an entertainment lawyer.

Good luck.
 
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