Brand names and products in film?

thefilmgeek

thefilmgeek

Hello, I'm very new to this whole shibang, but I will be filming a feature horror this fall, and had some questions about having brand names and the like on screen. If anyone has any experience with it, what are the legalities? Do I need a release signed for every single thing I put on screen?

For instance, if I have a ford car in the shot, do I need to call up ford and have a release signed?

If my main character uses a gun that resembles a Colt M1911 .45, do I need to have Colt sign one?

As well, for name brand clothes, or shoes that are caught on film, or literally anything that has a brand, do they need releases?

I would hate to have to contact 150 different companies by the end to get clearance, as that would be rather taxing since I do all the work myself.

Thanks for your time guys, look forward to hearing from you.
 
The plans for the film, and what you have lined up effect this more then anything. If you have major distribution setup, then worry about it. Do you only plan on hitting the horror convention scene and selling it at a table, submitting to contests and the like? If so then don't worry a bit about it, or atleast I don't.

I wouldn't suggest making fun of Nike by squeezing the blood of a thousand children from a running sneaker, announcing that you've personally seen Ted Turner rape a cow while eating it's back fat, or constantly shoving moldy Lay's potato chips down your greasy pie hole on screen....but if you happen to be wearing Reabok's? Who cares.
 
Read "the pocket lawyer for filmmakers" by Thomas A. Crowell, ESQ. This is a complex topic to cover in just a few paragraphs.
We rented out a liquor store and there were all kinds of products all over the place. In this situation you have a right to "dress your set" with real products. If attention is drawn to a product then it can become an issue, especially if it's used in a disparaging way.
Beware of stuff that is considered "art" such as a statue, a fancy vase, a painting that takes up a large amount of screen space, etc. Then you're dealing with copyright infringement.
 
I've been an on-set dresser for a couple of features and shorts and in my experience it is always better to be safe rather than sorry. Doesn't matter if 10 or 10 million people are going to see it, because you never know what will become of a project! I usually greek everything I can see, just to be safe.

What is greeking? It simply obscuring a trademark or logo so that it is not completely recognizable. In on film we had a car featured in the shot that clearly showed its make and model. Just to be safe, I removed the logo, replaced the shape of the logo with some similarly coloured gaff tape, then removed some of the letters from the name of the manufacturer. (Hyundai became "Yunda") You can make fake labels and signs to put over real ones, like in a gas station or bar. In dirtier sets, simply spraying over labels and signs with spraypaint to make them look dirty or rusted. There are alot of tricks. (Sharpies are my friends!)

With costumes, just remove tags that say the name of the manufacturer, or cover up logos on shirts with strategically located "pockets". Shoes are great for sharpies. But if its not featured in the shot (I.E. Dead centered in a special) you shouldn't have to worry about it. That goes with things in the background that can't be immediately read. If the first thing to cross your mind when you watch a scene is "Man, I could sure use a coke right now!" then you should probably have covered that soda machine with something.

and guns are guns. unless Colt is clearly seen dead center in an extreme close-up, I wouldn't worry about it.

That's all I know.
 
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With my feature, we did our best to remove any logo. However, we filmed in a bar for a few scenes, and in that kind of location, there are logos everywhere.

What might amaze you though, is what can be removed in post...of course you have find someone who can do that though.

Best bet, is to do your best job removing logos while shooting. You can show a Ford vehicle, just dont show the Ford logo.
 
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