Tuesday, November 6, 2012

Info on legalities of logos and trademarks - IndieTalk - Indie Film ...

It depends.

Summary: The safest bet is to either use generic and/or get permission to use the logo's but its not always necessary depending on what you want to achieve.

If you're making a short for a film festival, so long as you're not showing the product in a bad light, you're unlikely to come under fire from the company in question. Even though, it's still safer to get in contact with the PR side of the office and just get permission anyway. It's often easier to blur it out, replace the logo or just not shoot it in the first place. If you can get permission in advance, you may be able to strike up some sort of deal for advertising/promotion or for smaller productions (especially from food and drink producers), free product to nourish your crew. I used to do this many, many years ago.

If you're making a movie and hoping for distribution, that's a totally different kettle of fish. Before almost any distributor will touch your film, you're going to need (or the distributor must be able to attain) insurance called Errors and Omissions Insurance. This is to protect the film, distributors and everyone else to do with the film from liabilities that most commonly come from law suits. It's due to this insurance that most films need clearance people (part of which are those release forms you get people to sign.... you do use those right???), to make sure you're cleared to use what you're using.

Don't take this as legal advice. Get your advice from an entertainment attorney.

Source: http://www.indietalk.com/showthread.php?t=44166

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