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Brands & Trademarks

E

Egidio

How do you guys menage this issue? Is it an issue? Can we freely put name of brands and trademarks on our screenplay? Is this a big deal as trying to use a specific song for the movie writing it into the screenplay? (getting the rights problem, see my other thread)

from my screenplay:

CHRIS

I want a RED camera.

ZED
(happy)

That's more like it!

CHRIS
(determined)

No, now, you listen. We're gonna give that piece of crap back to my father and we're gonna get ourselves an Epic-M Red Dragon Pro Collection, with every possible lens and accessories, hands fucking down!

CUT TO:

VARIOUS LOCATIONS - MONTAGE

A) Camera store - The guys buy a RED EPIC camera plus related accessories, glidetracks, shoulder mount, lighting equipment and other stuff.

B) Outside Nana's garage - The guys dick around trying the camera. They attempt to make some epic dramatic scene. We can also see the scene through their camera's POV.


What do you guys thing? Can I keep it or should I "make up" a brand for the camera?
 
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If it is a protected entity by copyright, trademark, patent or service mark, you NEED PERMISSION. If you're not sure, ASK FOR PERMISSION. The issue with using a name or quoting a line is a different matter. When you use a product, you risk impacting their sales. That was why when Spielberg initially approached M&M, they declined. M&M didn't want to be associated with "aliens". However, Reese's Pieces was thrilled, and thus "ET" skyrocketed their product sales.

Life as a filmmaker would be so much simpler if you didn't have to get the permissions, however that's not the case. You can write it in your script but the producer will likely ask that it all be changed in a re-write or choose not to go with your script if it's too extensive.

If you write it to shoot it yourself, be aware that you are walking a fine legal line if you try to actually make money from your film and don't get permission. Again, it's not that many of these companies are adversarial about giving permission. Many like the free promotion. Just be sure to tell a bit about your production, why their product is integral, how it is presented and ask if you may use it. If they say no, it means script revision. If they say yes, just follow their suggestions and you're fine.

If you had a product that was well liked and you found out someone was using it in movie in an uncomplimentary way that might threaten your profits, you'd be upset too. Approach asking permissions from that mindset. All of these legal protections are about protecting the inventor/creators' rights to make a profit.
 
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FantasySciFi said:
If it is a protected entity by copyright, trademark, patent or service mark, you NEED PERMISSION. If you're not sure, ASK FOR PERMISSION. The issue with using a name or quoting a line is a different matter. When you use a product, you risk impacting their sales. That was why when Spielberg initially approached M&M, they declined. M&M didn't want to be associated with "aliens". However, Reese's Pieces was thrilled, and thus "ET" skyrocketed their product sales.

Life as a filmmaker would be so much simpler if you didn't have to get the permissions, however that's not the case. You can write it in your script but the producer will likely ask that it all be changed in a re-write or choose not to go with your script if it's too extensive.

If you write it to shoot it yourself, be aware that you are walking a fine legal line if you try to actually make money from your film and don't get permission. Again, it's not that many of these companies are adversarial about giving permission. Many like the free promotion. Just be sure to tell a bit about your production, why their product is integral, how it is presented and ask if you may use it. If they say no, it means script revision. If they say yes, just follow their suggestions and you're fine.

If you had a product that was well liked and you found out someone was using it in movie in an uncomplimentary way that might threaten your profits, you'd be upset too. Approach asking permissions from that mindset. All of these legal protections are about protecting the inventor/creators' rights to make a profit.
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I think this case is similar as the videogame "Granturismo." It's a real driving simulator, but it has been always lacking of "car damages effects" because the cars manufacturers didn't want their car smashed and appear weak, so they've never gave the videogame studio the right to do such a thing.

So, if I include the RED CAMERA in the movie, without smashing it or belitting it, do I have a better chance that they'll let it be in the movie? I mean, it could be also a sponsor for them.
 
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Egidio said:
I think this case is similar as the videogame "Granturismo." It's a real driving simulator, but it has been always lacking of "car damages effects" because the cars manufacturers didn't want their car smashed and appear weak, so they've never gave the videogame studio the right to do such a thing.

So, if I include the RED CAMERA in the movie, without smashing it or belitting it, do I have a better chance that they'll let it be in the movie? I mean, it could be also a sponsor for them.
Click to expand...

If you're producing this yourself, definitely ask. Saying the name of the camera is not a problem. Showing or featuring it is the central issue. If you want to display it, ask permission. If you're only writing the screenplay, then write it in a way that any top end camera might be substituted without substantially revising the script. In the worst case, they would object. You need to use a different camera. However, given this is a movie features moviemaking and would feature their product, I suspect they would be willing to allow you to use it. It's safer and easier to ask permission beforehand.
 
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