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Book/Comic/DVD Covers in background?

Ive seen in some indie films books or DVD covers in the background that I know at the time of filming there was no way they had permission to use. Even though the subject of what is in the background isn't cleared, is it still OK? Let me explain what I had to do....

I filmed a scene in a comic book store today, the only possible angle we could get to shoot at had a giant banner behind it featuring comic characters. Now we have clearance to use some characters as a featured content, but what about having something in the far background? What are the rules with that exactly?

Thanks!
 
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