The leaglities of shooting in a video store

[InDEPPproduction]

Hey everyone. I had this idea for a movie set in a video store adn as i thought about it I was wondering what the rules were on showing the dvd boxes with movie names and actors images. Am I allowed to show them w/o copyrights or do I need permission to use and image like that? And are there any rules on dropping names of movies? I know clerks and jersey girl had some scenes in a video store and I recall kevin smith saying somethng about it on the commentary about needing approval, if i remembered this right is it hard to get the permission? and if so how would i do it?
Thanks again everyone

 

[Serjus]

I don't know the legalities; but even if it is difficult to aquire permission, you could just make your own movie titles and actors up. Heck, you could probably have a little fun with it, too. Just a thought.

 

[John@Bophe]

Of course, your best bet is to consult with a lawyer, specifically one who focuses on entertainment / copyright law. My understanding (and I am not an expert, so please don't take just my word for it) is that titles are not copyright-able. This should make sense when you realize there are multiple, different movies with the same name ("Crossroads" jumps to mind, I'm sure there are others). So I don't see how just mentioning a title would be an issue. If you discuss the storyline, that could be a different issue...not sure. As for movie boxes...that is considered package art and IS protected by certain usage laws. I used to work for a book publishing company years ago. We used to get requests for permission all the time from movie and TV production companies that wanted to use one of our books as a prop in a movie or TV show. Permission was required and a fee was charged. I would imagine that a DVD package would fall under similar protection.

But, please try to find a friend/family friend who is a lawyer that could better help with these questions. You are much safer that way. Good luck!

 

[knightly]

I heard a behind the scenes commentary once where they said that they had turned the boxes around that they didn't have the rights to show, so that only the opening ends were in frame. This would work with books, cds, dvds...although it won't look as visually cool in the background, it does get past the copyright issue.

 

[InDEPPproduction]

knightly i like where your heads at.

 

[mdifilm]

i think mentioning movie names are ok, but hey, I am not an attorney, just a filmmaker, btw, Jan 22, you get a chance to ask an attorney specializing on intellectual property at the Cleveland filmmaker's meeting, so it's basically, free advice opportunity, write down all questions and ask her away. Perhaps all these legalities can be answered.

There is the so called 'fair-use' clause you can 'get away' with film showing copyrighted stuff, but that's still a thin line to walk on, so best to ask her on Jan 22, it's only 2-3 weeks away.

 

[scottspears]

Just remember, people can sue or threaten to sue over just about anything.

I know there are rules about how big in the frame something can be before you get into trouble. I would do my best to avoid having anything recognizable in the frame. If a row of video boxes are in the back of the frame, I wouldn't sweat it, but if a poster of some big movie is right over the shoulder of one of your characters, I would re-frame or replace the poster.

A friend of mine works at Sony and they did a web only trailer for "Spiderman" and in one shot Spidey swings through Time Square in NYC. They digitally replaced all the giant electronic signs in Time Square to avoid being sued. Guess what? They got threatened with legal action for replacing the signs. Lawyers!?! You gotta love 'em.

Scott

 

[Loud Orange Cat]

Three things:

1) Ask a lawyer.
2) From what I've heard (Take with grain of salt; I am not a lawyer), as long as the titles are not readable or identifiable (from a wide shot or quickly moving pan), it's okay. It's when you can clearly read the title or box in a static shot is where you may have some legal issuses.
3) Ask a lawyer.

 

[Spatula]

Lawyers, go figure.

I'd imagine an even better way to go would be to replace all the commercial films with indie-titles.. I don't think anyone on this forum is going to sue you if you ask to use thier DVD in the background of your flick!

You might have to spend a little (at the least, buy the DVD), but not as much as rights to property. Just make sure you work out an agreement. Either way, I'd imagine most indie-filmmakers would relish the small tributes, and send a free copy of the DVD...

Might be another way to go... or use the "parody" excuse for the films you really want to mention, and make a mock title/cover to use as a visual reference.

Then again, I'm not a lawyer either. Bothersome copyright laws... sad thing is, I bet Speilburg would love to let you use the films, but the filmmakers don't usually own the rights unless they finance the films themselves... and even then, they usually have to sell the rights to make the money. Try and find self-distributed films... it'll help the indie community, and be easier to deal with people without lawyers and agents and business-men of all varying types of "expertise".

 

[indietalk]

Don't contact a lawyer, that will cost you money. Contact the legal department of the major studios. For example, if you get permission to use titles from Miramax, then make sure all the titles in the shot are Miramax titles. The more studios, the more you can show.

 

[mr-modern-life]

Your right in the fact that names aren't copyrighted but images are. Meaning the cover images, logos etc are (c) material and thus could end up with you paying a huge licencing fee (and trust me I know - Miramax asked told us we had to get personnal approval from trantino to use the Pulp iction poster AND pay a shed loads of cash)

Anytime you are using anything with logos or brands you get easily get into touble. The turn them around is a good solution but might look odd. Otherwise it's making them up or being clever that the backgrounds remain MAINLY out of focus.

 

[King Goldfish]

How about doing a film on a public street? Do you need permission from all the owners of the homes and buildings? I've always wondered about this one. I know you need a permit to film in any city if you're making a movie but are peoples houses considered public viewing? Of course im talking about the states.

 

[digitalmatty]

How about doing a film on a public street? Do you need permission from all the owners of the homes and buildings? I've always wondered about this one. I know you need a permit to film in any city if you're making a movie but are peoples houses considered public viewing? Of course im talking about the states.

In toronto, as long as you don't impede traffic or pedestrian traffic you can film all you want as it's a public place, however shooting into someone's window of them performing sexual acts might get ya in trouble...

 

[indietalk]

How about doing a film on a public street? Do you need permission from all the owners of the homes and buildings? I've always wondered about this one. I know you need a permit to film in any city if you're making a movie but are peoples houses considered public viewing? Of course im talking about the states.

Yes, you need permission from recognizable institutions (a McDonalds, or even a local business, if you can read the sign), but from a distance you should be fine. A distributor is not going to pick up a film that shows a bunch of locations without releases.

 

[digitalmatty]

i have a quick question that pertains to earlier discussion in this thread...

I need to get permission from sony to use the spine of a DVD (groundhog day) in my current short...anyone ever jumped through these hoops? can I expect to pay lots of money for this? or is it relatively painless?