logo on clothing permissions

I shot a video a few months ago, told the artist not to wear anything with logos on it, but his co artist pretty much rocked logo'd clothing for the entire shoot. they want to submit the vid for broadcast and is it going to be an issue or should i just blur the logos out?

well, it's a music video and they want to send it off to mtv canada to broadcast. The artist is wearing an Ed Hardy shirt, there is also a coca cola machine in the immediate bg in one shot as well.

It's generally acceptable, providing the logo's rights-holders are not shown in a bad or defamatory light, somehow.

People are going crazy these days blurring logos and branding, when most of the time you don't have to worry about it too much. Watch any feature film or television show, and you'll see countless logos that were not intentional product placements... everything from drinks to logos on clothing to computers and cell phones to the cars that people are driving. Usually, it's a needless worry.

T2

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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

What's a beta transfer??

Mick Haensler
Higher Ground Media
Tech Now

BetacamSP, to be more perceise. YES, some stations and networks still ask for this format.

digi beta transfer and close captioning is what it is.

Here is the "video" in question. http://vimeo.com/32529226 password: wayz

I could understand if the logos were in the bg, but one of these dudes is in an MCU with his "logos" all up in the camera.


Here's what another fella gave me for advice:

"If they purchased the rights to display those logos in the video prior to the shoot, it isn't a problem.
If they didn't, it's time to pony up some dough.

They'll have to pay to secure the rights for the logos after the fact, or they'll have to pay YOU for the work in post; a potentially tricky blurring job, possibly involving motion tracking and perhaps even some rotoscoping.

It falls under the realm of copyright: just as they would not want another band recording their song and selling it for profit without payment to them, they can't expect free use of someone else's logos.

They could also completely sidestep the issue and re-shoot with NO logos. In the long run, this may be the most economical option.

Whether it's blurred or not, they pay."

Dave LaRonde
Sr. Promotion Producer
KCRG-TV (ABC) Cedar Rapids, IA

Thanks for the advice, and no we're not presenting the work like Ed Hardy produced it. One of the artists just wears the brand in most of his shots, and he's very close to the camera so it's obvious which brand he is wearing etc.

If I go ahead with this, could the broadcaster reject the video because we don't have permission for the trademark? & could any legal situations arise from not covering up the logo/not having permission?

Basically, what's the worst case scenario that can come out of this?