is it generally OK to use the exterior of a commercial store with the store name? at DVinfo.net

Noam Osband · September 15th, 2012, 10:27 AM

i'm doing some editing on a project. I have a wide exterior of a woman entering a JC Penny where the store sign is prominent. Will I have copyright problems using this? If i want to get this on PBS, will there be a problem where it looks like I'm trying to advertise the store? I didnt and the store didn't pay me (heck, they only gave me oral permission to shoot inside if I only shot my subject and nothing else) but i could see how it might look otherwise. I really want to use this establishing shot, but I dont know if I'll have a problem. Thoughts?

Steve Game · September 15th, 2012, 11:30 AM

If all your shots were external and were shot from public property, i.e. not from a mall car park but from a public highway, then I don't see what any person or commercial outfit can do about it. The problem that you may have is that your 'establishing' shot links the interior footage to J C Penney explicitly, and they have already indicated that they didn't want the company to be linked to the movie.
Similarly, PBS may take a view that you are clearly showing that J C Penney is the store in question so there could be a conflict of interest in what they would want as a truly product-neutral programme.

Denis Danatzko · June 30th, 2014, 06:38 PM

My first thought is that I'm inclined to agree with Steve. However, as I understand it, the legal concerns are a quagmire, what with trademarks and all.
While no one wants to hear it, (but deep down inside they really know it), I would think your best bet would be to hire the services of an attorney well-versed in such matters.
If JCP feels they/their brand are "slighted" or misrepresented in any way, do you really want to risk facing such a large company in court?

I recently shot and edited an academic presentation with PPoint slides (provided by the professor) interspersed throughout. I spent numerous hours vetting the slide content as being in the public domain before publishing the piece even though I was assured the research assistant had already done so. While he was aware of the importance of that, I wanted - and needed - proof for myself in order to list the items correctly in the credits, as I was not provided with the source of the slide content.
I didn't want to risk tainting either/both my reputation in the business and his academic rep.

In the end I was confident all the slide content was credited appropriately and he was very happy with the final cut.

Good luck with the project.

Bryan Cantwell · July 19th, 2014, 09:30 PM

*zombie thread*

Steve is both right, and very very wrong.

You can, legally, shoot video of anything you can see from a public place, without repercussion.

Until you publish that video.

If it's for news use, you're totally in the clear.

If it's for a program that isn't news, which it sounds like it isn't, then you need releases from the companies to use their image/trademark.

And PBS won't touch it anyway.

September 15th, 2012, 10:27 AM	#1
Noam Osband Regular Crew Join Date: Jun 2010 Location: Philadelphia, United States Posts: 163	is it generally OK to use the exterior of a commercial store with the store name? i'm doing some editing on a project. I have a wide exterior of a woman entering a JC Penny where the store sign is prominent. Will I have copyright problems using this? If i want to get this on PBS, will there be a problem where it looks like I'm trying to advertise the store? I didnt and the store didn't pay me (heck, they only gave me oral permission to shoot inside if I only shot my subject and nothing else) but i could see how it might look otherwise. I really want to use this establishing shot, but I dont know if I'll have a problem. Thoughts?

September 15th, 2012, 11:30 AM	#2
Steve Game Major Player Join Date: Mar 2011 Location: London, UK Posts: 353	Re: is it generally OK to use the exterior of a commercial store with the store name? If all your shots were external and were shot from public property, i.e. not from a mall car park but from a public highway, then I don't see what any person or commercial outfit can do about it. The problem that you may have is that your 'establishing' shot links the interior footage to J C Penney explicitly, and they have already indicated that they didn't want the company to be linked to the movie. Similarly, PBS may take a view that you are clearly showing that J C Penney is the store in question so there could be a conflict of interest in what they would want as a truly product-neutral programme.

June 30th, 2014, 06:38 PM	#3
Denis Danatzko Major Player Join Date: Mar 2006 Location: NYC Metro area Posts: 579	Re: is it generally OK to use the exterior of a commercial store with the store name? My first thought is that I'm inclined to agree with Steve. However, as I understand it, the legal concerns are a quagmire, what with trademarks and all. While no one wants to hear it, (but deep down inside they really know it), I would think your best bet would be to hire the services of an attorney well-versed in such matters. If JCP feels they/their brand are "slighted" or misrepresented in any way, do you really want to risk facing such a large company in court? I recently shot and edited an academic presentation with PPoint slides (provided by the professor) interspersed throughout. I spent numerous hours vetting the slide content as being in the public domain before publishing the piece even though I was assured the research assistant had already done so. While he was aware of the importance of that, I wanted - and needed - proof for myself in order to list the items correctly in the credits, as I was not provided with the source of the slide content. I didn't want to risk tainting either/both my reputation in the business and his academic rep. In the end I was confident all the slide content was credited appropriately and he was very happy with the final cut. Good luck with the project. __________________ Denis ------------ Our actions are based on our own experience and knowledge. Thus, no one is ever totally right, nor totally wrong. We simply act from what we "know" to be true, based on that experience and knowledge. Beyond that, we pose questions to others.

July 19th, 2014, 09:30 PM	#4
Bryan Cantwell Major Player Join Date: Jan 2009 Location: Terre Haute, IN Posts: 277	Re: is it generally OK to use the exterior of a commercial store with the store name? zombie thread Steve is both right, and very very wrong. You can, legally, shoot video of anything you can see from a public place, without repercussion. Until you publish that video. If it's for news use, you're totally in the clear. If it's for a program that isn't news, which it sounds like it isn't, then you need releases from the companies to use their image/trademark. And PBS won't touch it anyway.