Use of recognised products in indie projects.

B

Bachus

I'll keep it simple. A concept I am working on features the protagonist using a cellphone frequently. There would be frequent extreme close up shots of the phone itself, the screen etc as it is integral to the plot (accessing messages/images/camera apps etc). I would like to use a recognisable device, the most obvious one being an Apple iPhone which has a very recognisable home screen/layout etc to add to the realism.

What steps would I have to take to make sure I don't step on Apple's toes? I know I am small fry but if the finished product does end up with any kind of recognition, will Apple have an issue with the unauthorised use of their product in my film? It may feature the product in a "negative" light such as low battery reminders/poor signal etc.
 
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In Dutch law it is no problem to show product in their normal use.
Otherwise making movies would be impossible: every piece of clothing, every car, every closet is designed by someone.

But if you want tomake sure: contact a specialist. IT is not the law forum ;)
 
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Bachus said:
I'll keep it simple. A concept I am working on features the protagonist using a cellphone frequently. There would be frequent extreme close up shots of the phone itself, the screen etc as it is integral to the plot (accessing messages/images/camera apps etc). I would like to use a recognisable device, the most obvious one being an Apple iPhone which has a very recognisable home screen/layout etc to add to the realism.

What steps would I have to take to make sure I don't step on Apple's toes? I know I am small fry but if the finished product does end up with any kind of recognition, will Apple have an issue with the unauthorised use of their product in my film? It may feature the product in a "negative" light such as low battery reminders/poor signal etc.
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If the finished product does end up with any kind of recognition Apple
may have issues. As you point out their screen, layout, etc. is recognizable
and under trademark. If they feel you are singling out Apple and showing
their product in a negative light they may not like it.

To be safe you could chose your angles more carefully or you could use
a generic home screen, layout, etc. If the iPhone is essential then you must
take the chance Apple will never notice. It's not always wise for a small
independent production with hopes of making a widely recognized, popular
movie to use widely recognized, popular products in this way. Larger productions
with the money to hire legal council can better walk the fine line.

If you hope to attract a distributor they may have issues but the good news is
you are unlikely to be sued. the most that may happen is Apple will demand
the offending scenes be removed. So it might be wiser to change what is
"integral to the plot" or to at least change what you would like to use to
what is more practical to use.
 
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Bachus, when considering the use of recognizable images, picture your car being towed away and cops evicting you from your home.

These things can be faked rather easily, so why take the risk?

Good luck.
 
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