You can’t stick voodoo pins in Barbie. OK, actually you can (it’s a free country). But if you do it in your movie, you probably won’t be able to sell the film you just made of Barbie’s suffering. It’s a trademark/logo issue.
When filmmakers are shooting their shorts, it’s easy to overlook this very important aspect. Principal photography can be fast and furious, not to mention minimally staffed. There usually aren't set dressers or prop managers on the set making sure that everything in your picture is okay to include, like that Apple laptop, that can of Coke, or that movie poster on the wall in the background. Just like actors or music, you need written permission to use recognizable products, labels or images in your film.
And even if you have permission from the source, they won’t like it if you abuse their trademark/logo. When you ask a trademark- or logo-holder for permission before you shoot, you’ll most likely be asked to submit a script so they can be sure you’re not degrading their image. The company may grant you permission to use their product, but they definitely won’t let you abuse it. For instance, you might be able to have a character drink from a can of Coke, but that person can’t crush the can after the last drop.
As an example, there was a major case some years ago in which a studio feature film showed a car breaking down. It was a primary plot point for the story. The car manufacturer sued the studio and won hundreds of thousands of dollars. The car company had spent millions promoting the image that their car was safe and reliable and basically did not break down. Granted, this was a feature film from a big studio. It’s unlikely a short film without a huge nationwide theatrical release would have the same costly result, but buyers are always looking for red flags in the films they’re considering to exhibit and they don’t want to risk any legal action because of a trademark infringement. A lot of companies don’t mind if you use their products in your story, so long as it’s all in keeping with the public image of their product. Still, you need their permission first. Of course, you do not need the okay from every car company for every car that’s parked on the street or driving by. Just for the ones that are more or less “characters” in your film.
Mini Movie Channel has had to pass on dozens of films they wanted to license for exhibition because all too often, there were elements that couldn’t be cleared. Recently, a film was submitted in which a character used a magazine and newspaper as hand props. The producers had not gotten permission to use items. In another film, a scene took place in a grocery store, and many products on the shelves in the background were recognizable. Again, the producers had not cleared those products for use in their film. So, if you can’t get permission for all the “stuff” in your film, make sure the identifiable logos are turned away from the camera or masked in some way, like with black masking tape.
Whenever companies which license films like
Mini Movie Channel see “red flags” in a film regarding trademarks and logos, they will require paperwork that eliminates any risk of liability. Otherwise, without that paperwork, they will just “pass” on the film and move on to the thousands of other available shorts that are created every year.
