Legal issue

Oh I agree better safe than sorry, personally if I were doing that laptop shot I would digitially remove the logo. Editorial does give us protection because we are dictating how the buyer should use it.

The whole incidental thing is supposed to provide leniency to film makers, because it is generally impractical to get releases from every thing. I mean if an actor wears Nike shoes it seems kinda dumb for the producers to get a release for that, or cell phones,,,cars, shirt designs.

Also here is another interesting case: http://www.out-law.com/page-4098

Yes it covers our butts, how the user uses it is then their responsibility, if they misuse it, the lawyers will be sicked on them.

I know for a fact (done many projects with Ford Canada) that they do not want images or video of their vehicles used in any way that they do not approve of (and get their cut of). They have very recently gone after calendar makers and sued and won for trademark and copyright infringments. Films showing clearing showing Ford vehicles (grills and side scoops are their big thing) are to give credit to Ford. They have really gone nuts with it.

BTW, I read an article in VideoMaker magazine some time back about how indie film makers and small time film makers are getting paid for product placement. So it's not just the big studios.

The article discussed how a small budget (less than $10,000) film got almost $1,000 for product placements from Apple (notebook used), Nokia (cell phone), and Fedex. The producer was looking for funds and decided the worst companies could do was say no. Instead, they sent releases and checks.

I'll try and find the issue and post info on it.

*Sigh* why does ford have to be like that... that is just mean.

??!! That is awesome dnavjor. That is really cool, I know indie film makers who are on a low budget (12,000) and they never use product placement, I should be the middleman! They actually do get distribution deals straight to DVD or netflix, but they aren't exactly hollywood.

hey no one is buying their cars, they have to make a buck somewhere

Again no expectation of privacy. If you are filming a downtown street and a Mustang drives into the capture I do not believe it is a copyright infringement. If you purposely try to capture footage with a pretty sports car and it's a Ford then there was an attempt to use Ford for gain. BUT, do ya'll want to spend thousands of dollars to win the right to sell the "editorial" footage for a few buck? P5 is great in that editorial is a valid footage need. Other agencies absolutely will not allow anything with a name, number, color, face, clothing, glasses or car that is identifiable without a release. That is dumb. I really hate it when a dozen clips of an old farm tractor is rejected because the model name if barely readable though the faded paint or the color is "John Deere". Too far.

look if I sell kitchen knives, and someone uses one of those knives to murder people. Its not my fault for creating the kitchen knife.

If some jackass uses my editorial ferrari clip to defame ferrari...thats not my fault, and if they sue me I can probably countersue back.

Mark, here's an excerpt you should have included.

"What is regarded as “incidental" is a question of degree and will depend on the circumstances of the particular case. An example of “incidental use” would be a painting in an art gallery incidentally televised during an interview with the gallery director. If however, the gallery director was interviewed standing in front of a particular painting for the whole interview and the artwork was in focus it would be more difficult to argue that such use was “incidental”."

I know it depends on the situation, but Nextel did win the case where they had a painting in the background. In the court case in the Nextel vs stephen gordon case (link at top.) Duration also matters.

Oh I should also note, even if the artwork is up for a split second its still illegal if it takes up the whole frame. I don't think artists should be required to know this. BUt you would think the curators at istock etc would know the rules.