clearance question

[fatman2k]

hello, i am currently in production of my first feature film. It's a zombie movie where the main characters are all pretty much nerds. Through out the movie they are wearing various t-shirts like nintendo and anime shirts. After filming a couple of scenes it occurred to me that i might need to get clearance for this. The stuff on the t-shirts aren't referenced in anyway, they are just being worn as clothing. Will i still need to get clearance?

[Janke]

Clearance will be a real hassle to get. Plain T-shirts are much easier...

(PS - Why are all "first features" always horror or Zombie... ? )

[Krane]

hello, i am currently in production of my first feature film. It's a zombie movie where the main characters are all pretty much nerds. Through out the movie they are wearing various t-shirts like nintendo and anime shirts. After filming a couple of scenes it occurred to me that i might need to get clearance for this. The stuff on the t-shirts aren't referenced in anyway, they are just being worn as clothing. Will i still need to get clearance?

To use someones trademark? Absolutely. Why do you need it?

[Almohada]

Clearance will be a real hassle to get. Plain T-shirts are much easier...

(PS - Why are all "first features" always horror or Zombie... ? )

Theyre too easy to make... So they say

[fatman2k]

would anyone happen to know how to get clearance? i would love it if all i had to do was email them but something tells me its a little more difficult then that.

[Rainer]

The difficulty is in identifying who has the right to give you the clearance. After that, Email is fine. They will either reply with "it's OK with us, here's how you should credit us, or give us more details, or tell you where to write, in which case they'll have a time consuming procedure for demanding money and you'll have to beg. You may be worrying about nothing. Ask yourself "who's going to care?", then "if they do care, what are they going to do?". If you are not showing their product in a derogatory way, or if their product is only incidental, they probably won't care, unless your feature goes into general release and makes a whole heap of money in which case you let your lawyers handle it. Pre-production next time if you need brands, Email the companies and ask them to donate products to use in production and offer to send them a DVD. A too late hint, but my practice in the past if anyone turns up with an obvious unwanted brand T shirt is to get them to wear it inside out.

[Krane]

would anyone happen to know how to get clearance? i would love it if all i had to do was email them but something tells me its a little more difficult then that.

You have to first determine who owns the right and simply contact them by whatever method you feel is appropriate, i.e. letter, email, phone, etc. and ask them. They will either say no or give you their requirements (cost?) and guidelines for its use and to fill the legal requirements.

If its to their benefit, you may get them to let you use it for free. But whatever you do make sure your have fulfilled all the legal requirements and documents before you put anything out to the public.

If you put something out without first getting permission, you open yourself and anyone you're connected to up to liability. At least, they will tell you to stop (you are poor), at most they will sue you and your connections (those with deep pockets) for everything they can get. Incidentally, there are websites that take care of all this for you either for a fee and/or membership cost. Good luck

[Janke]

Plain T-shirts can be custom-printed with your own designs for very little money. Then you own the rights.

PS: Get someone to wear a "hv20.com" shirt in your movie! (I'm pretty sure Mal won't sue... )

[1]

I'm pretty sure Mal won't sue.

HOW sure exactly are you???
))

[Janke]

I'd bet you'd actually be quite tickled...

[Krane]

Most big companies won't sue, they just tell you to cease and desist. They typically only sue for two reasons:

1) You have money.

2) You have to have damaged their reputation in some way.

Otherwise, who would be against free advertising? That said, there is a problem when you "wear" a logo. In that case, you connect a product to your style, idea, or point of view. If its controversial, it can cause damage and get you into a lot of trouble. Don't do it without permission.

[cgbier]

Otherwise, who would be against free advertising?.

the issue is not so much free advertisement, but that companies have rather strict rules how their brand marks and logos are used. I'm not sure if a zombie movie is the intended use for a logo. Therefore, it is better to ask. You might hope that you stay below the radar, but it is better to have permission than to reshoot or blur that stuff out.

Janke's idea with custom prints is cool (you can use use some inkjet iron on sheets). Done that before, and created "custom" logos. You have to make sure, though, that they are recognizable, but not too close to the original.

[Janke]

but not too close to the original.

If they are, expect to hear from my lawyers!