There's a trend happening with some short filmmakers – stealing. It’s not intentional (I hope) but it’s evident nonetheless. It all boils down to using other peoples’ stuff. Music infringements are the most prevalent (as discussed in an earlier piece here). But there are other “thefts” that can still hurt your film when it comes to getting it sold and seen. And there are just way too many new films being made with one infraction or another. They all end up in the trash bin.
The most worrisome part about this trend is that there’s a mindset among too many filmmakers that seems to scream: “If it’s out there, it’s mine!” Maybe it’s a generational thing? Or an Internet thing? YouTube? It’s unclear where it all started. What is clear is how many films are submitted to buyers like Mini Movie Channel with elements that have been taken from other sources. This is frustrating for buyers because a lot of these films with “red flags” are good and should be seen.
No-Budget and Low-Budget filmmakers have always used “stolen” locations, but that's just one aspect of current films that can cause problems. It’s one thing to get away with not having a location permit for your shoot, but depending on the location, it can come back to bite you. One film that was rejected recently by Mini Movie Channel had a scene that took place in an art gallery with lots of wonderful paintings on the walls. There had been an exterior establishing shot that showed the name of the gallery. Even though the filmmaker probably had permission to shoot there, he didn’t have written permission from the gallery's owner. For one reason or another, he could not get that written permission after the shoot took place. Furthermore, he did not have written permission to include any of the paintings in the scene.
Another film required a scene that took place inside a movie theater. But the filmmaker had used an exterior shot of Mann’s Chinese Theater on Hollywood Boulevard, which established that the interior scene was taking place inside the famous landmark. You can do “drive-bys” of famous places, but the minute you infer that your story is taking place inside one of them, especially privately owned ones, it’s wise to get permission. It’s even wise to get permission from your friend who let you shoot in his apartment.
Using clips from other people’s movies can be a real deal breaker. One film had a TV playing in the background and the program was recognizable. It was a late night talk show. The whole soundtrack for the short film was from the TV show playing in the background. A celebrity was being interviewed and they showed a promotional clip from her latest movie that was about to be released. Then the TV show cut away to a commercial. This presented major problems for the producer who had no written permissions from anyone. In order to clear the elements from the TV show, the producer would have needed written okays from the television network, the production company of the late night talk show, the host, the celebrity, the studio who owned the promotional clip, and then the people who owned the product in the commercial that was seen. There was also music in the TV show and it had to be checked to find out who owned it. Needless to say, the pursuit to get all those clearances in order was daunting and the producer, although he tried at first, finally gave up. And in this situation, if one entity had said “no” then all the other permissions would have been useless.
Another film had interspersed clips from old Marilyn Monroe movies. It was effective storytelling but no one will ever see it commercially because the cost of the rights to those clips was prohibitive.
Note to filmmakers: be sure you have the right to include everything you have in your film. You cannot assume that just because it’s “out there” being used by other people that it’s yours too. And I’m just gonna bet that if you saw something from your movie being used by other people without your permission you wouldn’t much like it. Am I right?
October 14, 2008
October 10, 2008
How Not To Be A Stupid Filmmaker: Trademarks and Logos
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.
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.
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