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Filming Logo's

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Olly LawerFilming Logo's
by on Sep 5, 2010 at 3:11:01 pm

Hi,

Shot a video for a corporate client Inc a board in their lobby showing all of their customers logo's.

Can I Inc it in the final video without seeking each companies permission who's logo appears?

They are all big brands btw, like JCB.

Thanks

Olly Lawer


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Nick GriffinRe: Filming Logo's
by on Sep 5, 2010 at 3:52:42 pm

Technically, no. You should have permission, if only to make sure you don't tick off the customers of your customer.

Practically? May be a different story. What's the distribution of your finished product? If it's an internal use thing, like a video for a sales meeting or new employee introduction piece you're probably OK. If it's to be public, probably not OK. At the very least get the opinion of your main contact in the company for whom you're making the show.


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David JohnsonRe: Filming Logo's
by on Sep 5, 2010 at 4:52:23 pm

Nick is exactly right so I'll only add to his good advice of "at the very least get the opinion of your main contact in the company for whom you're making the show" that you might consider posing that question to your client contact via email so you don't end up a scape goat if it turns out to be an issue ... remember that the little "©", "™" and "®" symbols you see next to the logos mean something.


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Olly LawerRe: Filming Logo's
by on Sep 6, 2010 at 6:57:25 pm

Thanks for that!

I will raise it with him. It only forms a 3 second clip out of a full 4 minute production and have replaced it with something suitable so he can simply pick that edit if he choses.

Good to know for the future.

In terms of the "©", "™" and "®" symbols, I realise they mean you cannot copy them in any way and use them for your own purposes, but I didn't realise this extended to filming them!

Next your be telling me I need to get written permission from all the people I film, lol! The world of bureaucracy eh :)

Olly Lawer


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Bill DavisRe: Filming Logo's
by on Sep 6, 2010 at 7:31:34 pm

I'm actual a little hazy on this.

Yes, normally copyright law requires one to get permission from anyone who's intellectual property is used in a derivative work. But there are certain exceptons. This clearly does NOT fall under fair use. However, I'd be interested to hear from an actual IP attorney about a situation like this.

You've got corporate logos that those companies display to the public on a regular basis. You've also got them displayed in context with a business which is - by displaying them is implying that there's some form of contractual or other similar business relationship between the logo's rights holders and the business wherein they are displayed. It's POSSIBLE that the business displaying them has a perfect contractual right to display the logos of their partners - and if so, your including them in your video of the company interior might not present a copyright violation at all.

Obviously, better to check with the powers that be. But I'd think that if the company you're shooting for is a legitimate, law abiding concern - there would be very little chance that you'd be held to account for including such a display of logos in your own video.

Again, I'm NOT an IP lawyer and I'm NOT saying it's legal. I'm just thinking that inside the hundreds of pages of legal agreements I've had to read about copyright issues over my career, the use of corporate logos is nearly ALWAYS a line item that's contractually covered when one big company agrees to enter into a business agreement with another and you MIGHT find that all the logos are perfectly OK to use in your video by virtue of those boilerplate agreements.

If you find something tangible about this subject, I'd appreciate it if you'd post back and let us all know.

Good luck.

FCP since NAB 1999
creator: muti-track movies
http://www.starteditingnow.com


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Noah KadnerRe: Filming Logo's
by on Sep 6, 2010 at 8:55:16 pm

I'd just leave it out unless the client expressly gives you the a-ok and takes responsibility especially as it's such a small part of the video. Just because a company logo is on display doesn't mean it wishes to be associated with a video- positive or not. Though at the end of the day it seems like the likelihood of anything happening is remote. Still, cover your assets.

Noah

Unlock the secrets of 24p, HD and Final Cut Studio with Call Box Training. Featuring the Canon 5D Mark II and 7D.


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Gav BottRe: Filming Logo's
by on Sep 9, 2010 at 5:10:24 am

"unless the client expressly gives you the a-ok and takes responsibility"

Pretty sure they can't actually do this - same as if a company asks you to use music that they don't have the rights to on the basis of "I say it's OK, so I'll be the one that takes the hit".

Many COW discussions in the Business forum on similar lines have revolved around the idea that you can't actually hand over the responsibility to the client - if you use it in the film and it's not legal, you are to blame for using it - no matter what the end user/client says.

In this case there might actually be a view that it’s legal to use the shot, but worth remembering that the client can’t absolve you of responsibility for your actions.

Thanks

Gav

The Brit in Brisbane
The Pomme in Production - Brisbane Australia.


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Noah KadnerRe: Filming Logo's
by on Sep 9, 2010 at 3:36:00 pm

[Gav Bott] ""unless the client expressly gives you the a-ok and takes responsibility"

Pretty sure they can't actually do this -"


Sure they can, it's called liability indemnification or a hold harmless agreement. That sort of waiver of course doesn't make any particular action right or legal- it just means the client will be the responsible party in case of a legal action. At least that's how it generally works in the US...

Noah

Unlock the secrets of 24p, HD and Final Cut Studio with Call Box Training. Featuring the Canon 5D Mark II and 7D.


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Santanu BhattacharjeeRe: Filming Logo's
by on Sep 28, 2010 at 3:01:10 am

I generally get a liability indemnity signed by my client because not only can we get into copyright infringement of brands unknowingly, we may get into trouble with shooting people of the organization, who may leave the organizations sooner or later and join a competitor.

The liability indemnity agreement protects me and my client.


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