Stupid Question about video games.

[Cracker Funk]

My intuition is telling me the answer to this question, but I'm hoping it's wrong. I'd like to have a couple shots of some kids playing a video game. It'd be really nice if we could see the TV screen, with the ACTUAL video game playing. I assume I need to get permission from EA Sports (the makers of "Fight Night") to do this. Is my assumption correct?

Or does the image of a game somehow fall outside of normal copywrite rules? I mean, it's not like you'd have to get Hasbro's permission to shoot a scene in which a bunch of kids play the Monopoly board-game, right?

 

[Elliander Pictures]

It really does depend on what you intend to do with the finished film.

I'd say that yes you need permission, but there may be loop holes :S

 

[Cracker Funk]

Submitting to film festivals, hoping and working for the best possible scenarios, as in, we'd like to get national distribution. Are we counting on that, or banking on that? Of course not. But that's still the goal.

Who knows? Maybe I'll get lucky and they'll give me permission. It's going to be shown in a positive light, and it's free product-placement for them.

 

[Uranium City]

If you intend to show at festivals, you need permission for anything in your film that is copyrighted, including Monopoly if the logo is prominent enough to read. If the game in question isn't important, you have a creative opportunity for anyone you know that does graphic animation to make a digital videogame prop.

 

[directorik]

I assume I need to get permission from EA Sports (the makers of "Fight Night") to do this. Is my assumption correct?

You are correct.

Or does the image of a game somehow fall outside of normal copywrite rules? I mean, it's not like you'd have to get Hasbro's permission to shoot a scene in which a bunch of kids play the Monopoly board-game, right?

You are incorrect.

For national distribution you will need what's called
"Errors and Omissions" insurance. If you have not
cleared the use of everything in your movie you
won't be able to get this insurance. Without it no
distributor will take the risk. You can most likely get
away with not clearing the video game images if you
are submitting to festivals. However, sometimes it's
the music accompanying the images that may
cause a problem for festivals.

If your movie won't work without showing the video
game and you can't get permission, what will you do?

 

[Cracker Funk]

Whoah. That means I can't even have my actor eating a box of fruit loops. So, it sounds like everything that would have a copywrite needs to be created for this movie. I need to get some graphics artist friends to make a cereal box, and beer bottle labels, etc. I didn't even think of that.

Thanks for the info, guys.

 

[Cracker Funk]

What about shooting a scene on a public sidewalk, without a city permit? Would that screw up potential distribution?

 

[Elliander Pictures]

You'd either require a written letter granting permission to film in the public place or a location release form.

 

[directorik]

Whoah. That means I can't even have my actor eating a box of fruit loops. So, it sounds like everything that would have a copywrite needs to be created for this movie. I need to get some graphics artist friends to make a cereal box, and beer bottle labels, etc. I didn't even think of that.

Thanks for the info, guys.

In many cases that's correct.

Most independent moviemakers either have an
artist friend make some fake labels or we just
avoid scenes that use copyrighted material. If
you can't afford to consult with an attorney
(and few of us can) it's better to just avoid all
hints of copyright infringement.

Making a movie for national distribution is really
complicated, isn't it?

 

[Tinalera]

I'm quickly learning when it comes to anything copyright related-if you can afford it, get legal advice. Either way, always better to have a paper trail and err on the side of caution and get permissions.

BTW, sounds like you've got some good intuition

 

[Scoopicman]

For a narrative movie, I don't worry so much about the sidewalk scene, as long as there isn't a prominent McDonald's (or other) sign/logo in the entire shot. If there is one in the background for a split second, it should be fine, as it is incidental and you are not focusing attention on it. If logos are pretty pronounced, it is pretty easy for an editor to blur it.

Yes - make labels for your cereal boxes, beer bottles, etc. (Or, have your actor cover the bottle label with his hand.) Watch out for movie posters, artwork and photographs on the wall. You will notice that a lot of movies use mock movie posters.



I wasn't thinking when I shot the following scene. There is a picture of a film reel, behind the actor....

For the finished movie, I used a Warp tool to make it unrecognizable, so the shot looked like this. Now look at the picture:

My rep watched a screener of THE AWAKENING. In an office scene, there was a box of Staples Envelopes behind my actor, in the background, on the back wall. I was told to remove it, which I did, digitally. So, even an envelope box in an office can be an issue!

 

[wheatgrinder]

Iv always wondered about BIG ticket things, like Cars. Seems that Cars are used in EVERY movie, brands and models etc. Are you expected to get permission from Chevy if you want to have a make out scene in the back seat of a '56 Belair?

On a side note, I think that fake labels are a great opportunity to slip in "inside jokes" and "Easter eggs"

Your actor can be reading a book, the authors name is plainly visible, make it your mothers name! (its almost mothers day in the states by the way)

.. the mind staggers at the possibility..

 

[Scoopicman]

Cars aren't a problem in general use, but logo closeups on them can be, depending on how the car is "portrayed." Some text about TRANSFORMERS, from HERE.

they needed a car for Bumblebee to take on during his key fight scene. They didn't want any GM model to portray the bad guy, so instead the Decepticon transforms into a cop car with the body of the Camaro's market rival, the Ford Mustang. They even had to work out the deal to get around Ford's objections to being portrayed as the devil car (notice you don't see a Ford or Mustang logo on Barricade's grill).

 

[Tinalera]

Cars aren't a problem in general use, but logo closeups on them can be, depending on how the car is "portrayed." Some text about TRANSFORMERS, from HERE.

I didn't lke that myself about the cop car. "Prowl" the autobot was originally a cop car. Yea, I know they played it for the irony angle (I did love the "to punish and enslave" insignia), but I guess I'm a purist in that the "cars" should be Autobots. (Figures they make a "Ford" the bad guy...)

Anyway, rant over.

Agree with the "blur thing"-if tblurring it would be best. (Watched Jamie Oliver's show about fast food the other day-he was in a school cafeteria, and he was saying "have to blur that, that, that, that over there) half the screen was blurred because of trademark stuff-it was funny in a sad sort of way)

And yes, that means you can't show someone eating Fruit Loops...(too bad, stuff's yummy)

 

[hansenfilm]

I have an idea for a pop video, and in one scene, someone will be looking up at a real band poster from the 70's, we'll say "rolling stones". How do i go about getting permission if u don't know who took the picture, do u ask record company and do u have to pay a fee?

Thanks.