Book/DVD/Other Covers In Background

[RandomVillain]

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!

 

[sonnyboo]

You can use them... at your own peril. If you ever seek to broadcast or distribute the movie past a few DVD's to friends and family, you will have to pay for ERRORS AND OMISSIONS INSURANCE. Your cost will be substantially higher because you have a lot of books and DVD covers in the background.

See CLERKS. Once the movie was picked up by Miramax, they had to pay out the nose for E&O Insurance. There was one close up where they obviously pasted a sticker over the Hostess logo, but the rest of the store was obviously the name brands. When they did CLERKS 2 and had a TON more money, every single item in the store was replaced by their own fake logos, especially the cigarrettes, which were the fake "NAILS" brand they invented in other Kevin Smith movies like Mallrats. So if they had millions of dollars and chose to "play it safe", which way do you think you should go?