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Taking Care of Business
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Old September 21st, 2005, 09:49 AM   #1
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Odd...

Does is strike anyone else as odd that we have to put up with seeing advertisements, brand names and logos in almost every aspect of our day; but when of these things makes its way into one of our videos/movies its a crime?

I figure if these companies want their name everywhere they should have to put up with their name being places they dont want it too.

You would think freedom of speech would cover this...

Anyways, what do you think?
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Old September 21st, 2005, 10:35 AM   #2
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EDIT: I completely misunderstood what your post was about.

The problem is that these entities have ownership over their own identity and they have the same rights as yourself over your own identity. That is, if someone took your name and began plastering it everywhere then you would might have a problem with it, especially if your name was used in conjunction with something you don't support.
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Old September 21st, 2005, 03:02 PM   #3
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Quote:
Originally Posted by Keith Loh
EDIT: if someone took your name and began plastering it everywhere then you would might have a problem with it, especially if your name was used in conjunction with something you don't support.
Faulty analogy: Kevin didn't choose to plaster his name everywhere.

I understand what he's getting at. I'll exagerate to make the point. Lets say you filmed in a city whereby XYZ company has it's log on every square inch of the entire city. You can't even point a camera with XYZ corp being in the shot. XYZ corp made a decision to plaster their name on everything - that was their choice - now they get to control it all? They could censor your film. That's a plutocracy.

If a company chooses to put their logo everywhere, I think they should expect to see it everywhere - including films.

I would reserve rights to companies only when the use is obsurdly inflamatory like for instance... your movie was about parents killing their children after taking Bayer brand asprin. If it isn't extreme - no permission required. From the mouth of Mel Gibson "FRREEEEEDDDDOOOOOOOOMMMM"

Last edited by Craig Terott; September 22nd, 2005 at 07:15 AM.
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Old September 21st, 2005, 03:11 PM   #4
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"That is, if someone took your name and began plastering it everywhere then you would might have a problem with it, especially if your name was used in conjunction with something you don't support."

I agree wholeheartedly with Keith. For years now, someone has been plastering my name all over various chatrooms and I...oh wait- that was me afterall. Nevermind ;)
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Old September 21st, 2005, 06:35 PM   #5
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Law never keeps up with technology. I suspect at some point that some aspects of logos will be in teh public domain. Like how can someone prevent you from shooting pictures of the outside of Pizza-Hut Stadium or Budweiser Racetrack?
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Old September 21st, 2005, 09:52 PM   #6
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I plastered Keith Loh's name all over the bathroom stalls at the YMCA and *he* never sued *me*!
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Old September 22nd, 2005, 02:25 AM   #7
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That was you?
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Old September 22nd, 2005, 02:56 AM   #8
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Oops.

I mean Bulent did it.
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Old September 22nd, 2005, 05:44 PM   #9
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Paparazzi (sp?) take pictures of celebrities and plaster them everwhere. Celebrities don't sign off on it or make any money off their tabloid magazines. Are celebrities public domain?

Drive down a highway and look at all the billboards on the side of the road and you start to feel like your life is a tv show and driving is a comercial. Its kind of offensive.

In any case, it just seems odd.
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Old September 22nd, 2005, 06:45 PM   #10
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Quote:
Originally Posted by Kevin Red
Does is strike anyone else as odd that we have to put up with seeing advertisements, brand names and logos in almost every aspect of our day; but when of these things makes its way into one of our videos/movies its a crime?
Well, obviously, it's not a crime.

However, I've said this a number times, here. It is not a violation of law, per se, to use a trademark in a video or movie. It is only violative of the law if that use results in a likelihood of consumer confusion as to sponsorship, ownership or affiliation, dilutes the distinctive character of a famous trademark, tarnishes a mark, or reproduces material protected by copyright.

As long as those things don't occur, there's no problem with using trademarks.

Here, I'll use one now:

Coca Cola

No law has been violated.
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Old September 22nd, 2005, 07:30 PM   #11
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I'd just like to follow up on Paul's post with one of my favorite trademarks:

Shiner Bock.
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Old September 23rd, 2005, 01:41 AM   #12
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Quote:
Originally Posted by Chris Hurd
I'd just like to follow up on Paul's post with one of my favorite trademarks:

Shiner Bock.
I'll add to that. Shiner Bock....possibly the best amber ale to be had.

Funny this thread came up after I lamented to my friend at the Dallas Stars hockey game two nights ago about how even the Zambonis are plastered with advertisements. We had a long discussion about whether or not seeing all those ads really entices me to buy their product. I mean, I know who Pizza Hut is, I don't need to see their name plastered all over the arena. Now, if they introduce a new product, then a tv or radio ad is very beneficial. But seeing their name or logo doesn't really affect me one way or another.

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