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Re: Legalities of filming at a dog park?

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Jonathan Ziegler
Re: Legalities of filming at a dog park?
on Jul 17, 2015 at 3:11:12 pm

Coca cola is the big example here: they have sued and won a few times where their logo appeared nonchalantly in the background, but prominent enough to be seen clearly. They claimed, among other things, dissolution of brand and, basically, misusing a registered trademark without permission. A logo or any other copyrighted or trademarked material is subject to laws. If the logo is unclear or blurred it's not likely an issue. If you are shooting something for profit, it can be argued that you are attempting to use a logo fraudulently.

Mind you, these are preventative measures - the people who own the trademark or logo may never see your videos and if they did, they could throw a fit. Then again, they might not. It's that unknown you are trying to mitigate.

As for YouTube, I've never had a video removed for content, but I have been denied monetization because of something in a video. I used part of a recording I was assured was public domain only to discover that another company disagreed. I lost monetization which was no big deal, but it was the whole point of the video. YouTube won't do much: if someone flags your video and says there's a copyright or other intellectual property issue, they will take down the video at the worst, but someone can still sue you. Doesn't mean they'll win, but it can still cost you.

One last thing: this is all based on my freelance, non-attorney, understanding of copyright and trademark law. If you're really worried about it, I say get releases as often as possible (you really can't go wrong by getting them) and talk to an IP lawyer - I can't give you legal advice but they can.

Save early. Save often.

Jonathan Ziegler

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