Rules of Showing Name Brand Products in Film?

[FreakIndeed]

Hi there,

We are getting ready to start production of an independent feature length family film entitled “New” (http://www.themovienew.com). I know things can be fixed in post with editing, but I’d try to avoid trouble right from the get go. Characters in the movie will be using things like computers, cell phones, cars, video games, etc… is it allowable to show these things and the brands or logos be seen? Should we try to shoot around brands and logos? Or MUST we AVOID them completely? To be clear, these are not meant to be product placements or endorsements and we do not intend on showing a close-up of a brand simply to show it off (i.e. really focus on the fact someone is using an Apple computer). I simply want to be able to have the shots look natural and not like we are “hiding something” from the camera.

Thanks for your help!

Tony

 

[Smurfy8797]

Is that why you chose your screen name

no. its the reason its my favourite movie scene.

 

[eomer41]

If you're not going to make any money off the production, then you can use any name brand you want.

If you plan on selling the product or making money...don't show anything.

I hope you are correct.

Here is my situation: I shot a scene that involves someone buying a soda pop from a Coca-Cola machine. The pop machine ends up taking the money without giving out a pop. The brand name "Coca-Cola" is clearly seen on camera. The scene is about the bad luck that happens to this character. Do you think this could cause some problems?

Also, I heard that if it is a "documentary" movie then showing real product names is OK.

 

[sonnyboo]

Here is my situation: I shot a scene that involves someone buying a soda pop from a Coca-Cola machine. The pop machine ends up taking the money without giving out a pop. The brand name "Coca-Cola" is clearly seen on camera. The scene is about the bad luck that happens to this character. Do you think this could cause some problems?

Also, I heard that if it is a "documentary" movie then showing real product names is OK.

The Coca-Cola logo is TRADEMARKED, which means in order for you to use it, you have to obtain permission, documentary or otherwise.

Now, the likelihood of your piece having "problems" depends on if Coca-Cola becomes aware of your movie and doesn't like the usage. That is incredibly unlikely and you can always buy errors or omissions insurance to cover that possibility.

These are CIVIL lawsuits, not CRIMINAL lawsuits, which means there isn't a "law" being broken per se, but the international TRADEMARK means the holder of that TM has a lot of power over the usage. All lawsuits would be civil, not criminal proceedings, so no one would go to jail and the burden of proof is on them as plaintiff.

I am not an attorney and have only played one on TV, please consult with a real attorney.

 

[2001 Productions]

Interestingly, one of my favorite movies is called The Coca-Cola Kid. It presents the Coca-Cola Corp. in a not-particularly-flattering light, so the company went after the filmmakers (it's an Australian film). However, since there was nothing in it that could be called slanderous, the filmmakers were ordered to attach a disclaimer during the opening credits. (Also interestingly, if you look it up on IMDb it says CC took no legal action. That is not true; I remember very clearly reading about it at the time. I suspect CC wised up and realized they were getting worse publicity from being jerks about it, so they altered history via the Internet.)

Having said that, as Sonnyboo implied, if you're going to do something like that you'd better have deep pockets for legal fees because, even if you win, it's liable to cost you.

 

[Jamster]

Guys flip it 180 - make it 'work' for you...

Call apple, nike - they have there own 'product placement' person - tell them about your movie, IF it shows them in a good light, chance of expoosure they may even 'donate' something to the cause = an actual iphone, pair of trainers etc.

A friend shot a movie in a pub - was sent 12 cases of bud to be 'placed' on set for nowt.

IF on the otherhand they say no - try another 'product' - if still no, then sure plan B use 'generic' things, turn/obscured/cover labels etc. BUT try first - what have you got to lose?

e.g. I'm developing a feature where the opportunity for a logo to be seen quite often and prominant is there - will I approach the 2 main Global players? You betcha!

If they both decline, I'll make up a name - all the best with this, Jim.

 

[directorik]

It is a common misunderstanding that as long as no money is made,
infringing on a trademark or copyright is acceptable.

eomer, is your movie a documentary? From what you say here it
seems as if the situation was set up with a specific outcome. That
is not a documentary. Unless you’re Michale Moore.

Sorry, I couldn’t resist.

There are different requirements for a documentary than for other
movies. It’s always best to know those differences before you shoot.
My suggestion in you case, eomer, would be to contact Coca-Cola
right away. On the other hand, sonnyboo is correct - the chances are
Coke won’t every catch wind of your movie and if they do and object
they will send a cease and desist order; not sue you.

 

[eomer41]

Thanks for all of the replies. I am going to try to get my short movie in a number of festivals (possibly 5 at the most). I am going to bet that Coca-Cola will not see the movie. Then again, I am also wanting to post the short on the internet at some point. There is also a possibility of blurring the Coca-Cola logo in post production. That might work?

It is a common misunderstanding that as long as no money is made,
infringing on a trademark or copyright is acceptable.

eomer, is your movie a documentary? From what you say here it
seems as if the situation was set up with a specific outcome. That
is not a documentary. Unless you’re Michale Moore.

Sorry, I couldn’t resist.

There are different requirements for a documentary than for other
movies. It’s always best to know those differences before you shoot.
My suggestion in you case, eomer, would be to contact Coca-Cola
right away. On the other hand, sonnyboo is correct - the chances are
Coke won’t every catch wind of your movie and if they do and object
they will send a cease and desist order; not sue you.

The entire short is shot as if it was a documentary story (mockumentary). Similar to "The Office" or "I'm Still Here". It is really a comedy but I don't want it be obvious. The scene involving the CC machine was originally written with the character getting the wrong type of pop. When we shot the scene the machine actually took the money and no soda came out!! It just happend like that! I thought it was great and I went with that. My short is not a true documentary.

I was curious if the rules were different for doc. films.