Showing a copyrighted computer OS? (i.e. Mac OS X, Windows 7, etc.)

seanparkerfilms

seanparkerfilms

I was wondering about the legality of having an Apple product in an independent film. The movie is a fictional piece about filmmaking — and I wanted to have scenes that showed editing. I'd want things like the basic user interface (Finder) and Final Cut Pro on screen, and the OS X screen sharing feature would actually play a small role in the plot if so. Obviously, I could imagine someone getting sued if they didn't get permission to license this kind of thing, so I wanted to see if anyone has any knowledge, experience, or suggestions.

The film will be a nonprofit (non-commercial) movie — does that make a difference? Would I be able to do this because I wouldn't be selling it? If so, would it still be OK for film festivals, or is that not possible? (I'd imagine probably not, but I'd be glad to hear otherwise.)

This is naive and I feel foolish for asking, but mainly this is just out of curiosity: how much does anyone think it might cost to actually license the rights to show it?

If this ends up being too much trouble for what its worth, yeah, I suppose I could show things running on a Linux-like system, right? But I want to avoid that if I can, because I think a certain amount of suspension of disbelief would be required for there to be a world of filmmakers in which all computers are open-source.

Anyways, thanks for your time.

(Cursed Infolinks. Making my post look like a frickin' ad.)
 
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There is a big difference between a COPYRIGHT© (C) and TRADEMARK™(TM)

The logo of WINDOWS and MAC OS is trademarked, not copywritten. As such, they have a ton more rights. If you show the Operating System, but NOT the logo, it falls under "fair use" laws. The "START" button on the desktop contains the trademarked Windows Logo, so you'd NOT want to show that.

I am not an attorney, nor do I play one on TV.
 
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Really? So as long as I don't show logos such as the Apple symbol or the start-up screen to a program like Final Cut Pro (since there's a big logo there), I'm in the clear? I suppose this also means I'd have to hide the dock icons.

Thanks for your reply.
 
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seanparkerfilms said:
Really? So as long as I don't show logos such as the Apple symbol or the start-up screen to a program like Final Cut Pro (since there's a big logo there), I'm in the clear? I suppose this also means I'd have to hide the dock icons.

Thanks for your reply.
Click to expand...

I know someone who used an Iphone that was off in an ad and were required to remove the ad once Apple discovered it. From what I got of it, it was because the little square button on the phone... and I have no idea how they ever found the ad.
 
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jamiefranz said:
I know someone who used an Iphone that was off in an ad and were required to remove the ad once Apple discovered it. From what I got of it, it was because the little square button on the phone... and I have no idea how they ever found the ad.
Click to expand...

Interesting. On a related note, if I were to film something with an iPhone/iPod in it, would I be in the clear if there were a rubber protective case on it, thus covering up the square button (assuming the screen didn't show any logos)?

Also, if the screen were shown, is there anything that would have to be covered or removed on the topmost bar that says "iPod," the time, and battery status?
 
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You guys need to read up on WHAM-O vs Paramount Pictures. WHAM-O tried to "Cash in" on Paramount's use of a Slip 'n Slide by filing a lawsuit. The whole case got thrown out. It's impossible to shoot a movie without real products being seen on camera (cars, products in a store, etc). Just don't disparage a product. Also use it as it was intended to be used.
 
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I Am Not A Lawyer.

But, from my understanding/research:

As long as the product is not the subject of the shot, is not being cast in a negative light, or the use of the product in your movie cannot be directly attributed to increased earnings for you, then you're fine to use it.

By subject, I mean that if your characters get into a car and drive away, even though the car may dominate most of the frame, your characters are still the subject. If you do a big ol track around an empty car and say "Look at how cool this car is", then I'd consider it the 'subject'.

NOW, realize that in showing a computer screen, each component may have a separate copyright.
- The operating system itself
- Any sounds the operating system makes
- The desktop image
- Any programs running
- In some instances, the icon design.

If your movie isn't going to be high-profile (i.e. sold for profit or aired with the intention of profit (advertising)), then I'd just get a blank desktop background, keep things clutter and logo-free, and be good to go.
 
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This might be more info then you want... tried to be brief.
I am not a lawyer either.
But my wife is...
Having said that.
I have used computers, both laptop and uprights in my movies. I just digitally alter the screen or exterior computer and/or create a fictional logo. It is fast and easy. I never specify any 'real' items like Apple, Mac or IPod. I tell the story (don't spend time on the object) and leave it up to the viewer to make his 'perception' feel real. For books, magazines or newscasts that are used within the movie (story). I create the covers, design, titles, author, inserts and backdrops. (e.g. A lawyer for an Entertainment Firm, who took one of my movies to AFM for selling the distribution rights, was concerned about the books used in the movie. "They looked so real!" The 'books' were not a problem due to they did not exist. I used Photoshop, titling software and an ink jet printer, then bound with clear cover sleeves on real books of the same size.) For flags, TV channel logos. Create them yourself. Its easy and quick. For logo backdrops, rearrange the camera perspective or throw the background out of focus or place in shadow -- aim on the character. For logos, copyrighted/tradmarked material, spend the time to control the environment you are shooting in. But the most important item, is to get or create a 'location' release that places objects within the location into the domain/ownership of the location owner. Get it signed and dated. Whether it is art work, 'real' identifiable imagery or something like what has been seen in another movie or creative endeavor. Always CYA.
I spend a lot of time sifting through what is in each shot, before, during the shoot and in the editing. Another e.g. I create my own tee/sweat shirt designs (promoting my websites or music or other films -- why not?) that might be needed within the storyline. If LPs are used, or CD/DVDs -- create your own product -- disc and cover. Never lambast anything that is a 'real' object -- just those you create. Sorry this reply is long, but always CYA. Hope it helps...
 
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