Who's the 'Permission Guy'? at DVinfo.net
DV Info Net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!

Reply
 
Thread Tools Search this Thread
Old September 3rd, 2005, 09:48 AM   #1
Regular Crew
 
Join Date: Feb 2003
Location: Louisville, KY
Posts: 48
Who's the 'Permission Guy'?

I've got a movie where, in one shot, a Lakers poster is seen on the wall of a kids bedroom....in another shot, there's a photo of the kid's dad wearing a Dodgers jersey.

I've been told, via this forum, that these things will definitely need permission -

my question is, in contacting these teams' front offices for permission,
WHO do I ask for?
Scott Moore is offline   Reply With Quote
Old September 3rd, 2005, 10:36 AM   #2
 
Join Date: Jul 2002
Posts: 1,244
Quote:
Originally Posted by Scott Moore
my question is, in contacting these teams' front offices for permission, WHO do I ask for?
The licensing department. But I can tell you, you won't be able to afford it! Unless you are independently wealthy.

Jay
Jay Gladwell is offline   Reply With Quote
Old September 3rd, 2005, 12:46 PM   #3
Wrangler
 
Join Date: Jun 2002
Location: Vancouver, British Columbia
Posts: 8,314
On the other hand, they might very well give you permissions to use it for free. Be prepared to offer at least a description of the scene!
__________________
Need to rent camera gear in Vancouver BC?
Check me out at camerarentalsvancouver.com
Dylan Couper is offline   Reply With Quote
Old September 3rd, 2005, 02:00 PM   #4
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Quote:
Originally Posted by Scott Moore
I've got a movie where, in one shot, a Lakers poster is seen on the wall of a kids bedroom....in another shot, there's a photo of the kid's dad wearing a Dodgers jersey.

I've been told, via this forum, that these things will definitely need permission -

my question is, in contacting these teams' front offices for permission,
WHO do I ask for?
I'd start with public relations or media relations and many companys and organizations have a film and video liason office. And as someone else said, be preprared to show 'em the script - they might be fine having their trademark on the hero's shirt but reject allowing it on the bad guy's.
Steve House is offline   Reply With Quote
Old September 3rd, 2005, 03:40 PM   #5
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
I had asked Victonox, the makers of Swiss Army knives, about using their logo in a movie. They wanted a description of the scene, which I provided. They said they were absolutely horrified at the thought of my using their logo, and wanted written proof I would not use it. Ya win some, ya lose some ;)
__________________
www.SmokeWagonLeather.us
K. Forman is offline   Reply With Quote
Old September 3rd, 2005, 06:14 PM   #6
Major Player
 
Join Date: Nov 2004
Location: Venice, FL
Posts: 850
Keith, So this was for the murder weapon in a serial-Zombie flick?

How do you do written proof that you are not going to do something?
__________________
You are either growing or dying.
Bob Costa is offline   Reply With Quote
Old September 3rd, 2005, 07:06 PM   #7
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Scott Moore
I've got a movie where, in one shot, a Lakers poster is seen on the wall of a kids bedroom....in another shot, there's a photo of the kid's dad wearing a Dodgers jersey.

I've been told, via this forum, that these things will definitely need permission -
Whoever told you that told you wrong. You MAY need permission, but you also may not. Your description indicates there are potential problems involving copyright as well as trademark. Check with an IP lawyer in your area.
Paul Tauger is offline   Reply With Quote
Old September 3rd, 2005, 07:07 PM   #8
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
Bob- You are close, it was a spoof of Scream and other horror/slasher flicks. The weapon was something of a cross between a pocket knife, and something Rambo would have been proud to own. And they frowned upon it... tsk, tsk.
__________________
www.SmokeWagonLeather.us
K. Forman is offline   Reply With Quote
Old September 4th, 2005, 02:15 AM   #9
Major Player
 
Join Date: May 2005
Location: Sherman Oaks CA
Posts: 255
Hi there,

Please tell us where you are planning on showing your film. Sundance?, the local art house?, the YMCA?, your nephew's birthday party? or a movie theater?

Major venue? You should follow the previous advice. Minor venue..... "Better to ask for forgiveness than for permission."

I know I will catch hell for this.....

Steph
Stephanie Wilson is offline   Reply With Quote
Old September 4th, 2005, 03:30 PM   #10
Wrangler
 
Join Date: Jun 2002
Location: Vancouver, British Columbia
Posts: 8,314
Quote:
Originally Posted by Keith Forman
They said they were absolutely horrified at the thought of my using their logo, and wanted written proof I would not use it. Ya win some, ya lose some ;)
Tell me you sent them a photocopy of your ass as written proof!
__________________
Need to rent camera gear in Vancouver BC?
Check me out at camerarentalsvancouver.com
Dylan Couper is offline   Reply With Quote
Old September 5th, 2005, 05:48 AM   #11
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Quote:
Originally Posted by Stephanie Wilson
Hi there,

Please tell us where you are planning on showing your film. Sundance?, the local art house?, the YMCA?, your nephew's birthday party? or a movie theater?

Major venue? You should follow the previous advice. Minor venue..... "Better to ask for forgiveness than for permission."

I know I will catch hell for this.....

Steph
Not giving you hell but what if the only acceptable apology to earn that forgiveness comes in the form of a 6 or 7 -figure cheque....
Steve House is offline   Reply With Quote
Old September 5th, 2005, 10:23 AM   #12
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Stephanie Wilson
You should follow the previous advice. Minor venue..... "Better to ask for forgiveness than for permission."
I don't know anyone who suggested this, nor is this good advice at all. Copyright and trademark infringement are "strict liability," meaning you could be held liable for damages regardless of your intent. "Better to ask a lawyer and feel confident there will be nothing to forgive."
Paul Tauger is offline   Reply With Quote
Old September 6th, 2005, 02:39 AM   #13
Regular Crew
 
Join Date: Feb 2003
Location: Louisville, KY
Posts: 48
Paul, how about a dry run...let me describe the scenes to you:
THE BANNER -
'hard cut to a child's bedroom at night...the back wall is in focus, with a Lakers
banner hung on the wall...dad enters frame, walks in front of Lakers banner, camera pans down to child - total screen time for Lakers banner: 2.5 seconds'
THE JERSEY - 'fade in on moving photo montage....old photo of dad & son...dad is wearing a replica dodgers jersey with shorts....total screen time for Dodgers jersey...less than 2 seconds.'
GENRE - G-rated family drama.
Scott Moore is offline   Reply With Quote
Old September 6th, 2005, 06:38 AM   #14
 
Join Date: Jul 2002
Posts: 1,244
From the NBA's site:

"The basketball-related content and materials... (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the NBA and its member teams)... No Basketball Content... may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of NBAMV."

The MLB is more succinct: "The following are trademarks or service marks of Major League Baseball entities and may be used only with permission of Major League Baseball Properties, Inc."

That pretty well says it. And "written permission" or "permission" means you've been granted a license to use it.

Jay
Jay Gladwell is offline   Reply With Quote
Old September 6th, 2005, 12:40 PM   #15
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Jay Gladwell
From the NBA's site:

"The basketball-related content and materials... (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the NBA and its member teams)... No Basketball Content... may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of NBAMV."

The MLB is more succinct: "The following are trademarks or service marks of Major League Baseball entities and may be used only with permission of Major League Baseball Properties, Inc."

That pretty well says it. And "written permission" or "permission" means you've been granted a license to use it.

Jay
These reservations-of-rights statements are nice, but don't necessarily have legal effect. I can use the mark, "Major League Baseball" without permission provided that there is no likelihood of consumer confusion or dilution -- in fact, I just did. There is no such thing as ownership of words -- there are only the rights protected by law, i.e. copyright, trademark, patent and trade secret.
Paul Tauger is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

B&H Photo Video
(866) 521-7381
New York, NY USA

Scan Computers Int. Ltd.
+44 0871-472-4747
Bolton, Lancashire UK


DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



All times are GMT -6. The time now is 01:46 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2024 The Digital Video Information Network