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Old August 7th, 2006, 10:33 PM   #1
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infringement?

May be a stupid question but id rather be safe than sorry. I'm making a production about performance cars, would it be an infringment to film the actual cars and their respective names?? would any issues arise from that?

Thanks,
Richard
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Old August 7th, 2006, 10:50 PM   #2
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I would get releases from the owners. There are several threads on this site with all of the required forms, including a site release form, which you may need.

Good luck.
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Old August 7th, 2006, 10:54 PM   #3
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Thanks I already took into account releases from the car owners, but would issues arise from the actual car manufacterers? Like 'ferrari' for filming a scene with a ferrari?


Quote:
Originally Posted by Jesse Redman
I would get releases from the owners. There are several threads on this site with all of the required forms, including a site release form, which you may need.

Good luck.
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Old August 8th, 2006, 04:28 AM   #4
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I know the guy that shot the "Super Speeders" videos. I know for a fact he did not get any permission from any of the car manufacturers.

http://beyondthequarter.com/buydvd.shtml

Could he get in trouble? I don't know. He did not seem real worried about it. He said he did not get permission cause its random shots of random cars. He did not focus one any one particular make or model. He said if it was a "Lamborghini video" or a "Ferrari video", then yes he would of sought permission.
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Old August 8th, 2006, 02:15 PM   #5
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I'm not a lawyer, but I believe that what you are doing would fall under "fair use".

I think the fact that you are shooting video of specific cars that are recognizable as such would carry more weight, and you have already gone for releases from the owners.
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Old August 8th, 2006, 03:44 PM   #6
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Read the comic book sticky at the top of this forum. It's legal information from law professors, presented in English (not legalese).

It should fall under fair use.
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Old August 8th, 2006, 10:06 PM   #7
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info is much appreciated, thanks guys :)
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Old September 10th, 2006, 12:26 PM   #8
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Quote:
Originally Posted by Richard Smith
May be a stupid question but id rather be safe than sorry. I'm making a production about performance cars, would it be an infringment to film the actual cars and their respective names?? would any issues arise from that?

Thanks,
Richard
Sorry for being so tardy in responding to this.

First, necessary disclaimer: This isn't legal advice, I'm not your lawyer, and no attorney-client relationship is created. For legal advice, you need to retain a lawyer.

With that said, coincidently, I've just returned from the Austin Game Developers Conference, where I was a guest speaker on IP issues in game development, and one of the issues I discussed was the use of other's trademarks in video games. The considerations with respect to film and video are identical. I'll give you the short version of what I said.

Unlike copyright and patent, which grant exclusive rights to their respective owners, the interest protected by trademark secures against only two things:

1. Likelihood of consumer confusion as to source, sponsorship, afilliation or endorsement, i.e. trademark infringement. This results if use of someone else's mark results in someone thinking your product is produced or sponsored by someone else or, conversely, someone else's product is produced or sponsored by you.

2. Dilution of a famous trademark by either (1) diminishing the distinctive quality of the famous mark ("blurring") by using it in a non-confusing way that would cause consumers to associate it with more than one source, or (2) bringing it into ill-repute ("tarnishment") by using it in a non-confusing way that associates it with something unsavory, e.g. pornography.

If your use doesn't result in either a likelihood of consumer confusion or dilution, then you are free to use it. Of course, without knowing exactly what you plan to do, I couldn't say whether using the protectable trade dress of an automobile or the trademark of its manufacturer would implicate either of these concerns (and I couldn't give an opinion to a non-client, regardless).
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Old September 10th, 2006, 12:41 PM   #9
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Quote:
Originally Posted by Jesse Redman
I'm not a lawyer, but I believe that what you are doing would fall under "fair use".
Aaaarrrggghhh!!!

You should have stopped after, "I'm not a lawyer . . ." ;)

This is trademark, not copyright, and trademark fair use is an entirely different concept (do a google search on "nominative use," as an example).

Quote:
I think the fact that you are shooting video of specific cars that are recognizable as such would carry more weight, and you have already gone for releases from the owners.
Releases from the owners of the cars are meaningless, as you do not acquire trademark or trade dress rights when you purchase a vehicle.
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