What Can and Can't Be Visible on Set

What Can and Can’t Be Visible on Set

Posted on August 22, 2008 in Contracts and Law | 1 Comment

In this article attorney Thomas A. Crowell covers the basic legal issues of filming logos, images, designs and other copyrighted materials.

…When the director yells “action,” what the camera captures can spark lawsuits. All it takes is one suddenly inspired art director to place an uncleared Warhol print on the wall of the hero’s apartment or the Coca-Cola® logo on the mirror the drug-addicted villain uses to cut his cocaine. Unless the producer has the permission of all of the respective copyright and trademark owners, photography can lead to infringement.

Copyrighted materials appear everywhere: posters, sculptures, product labels, makeup designs, even the tinny music playing over the radio held by an extra. All of these should be cleared for use. Indeed, copyright is the bane of the conscientious art director. Don’t fall into the trap of thinking that just because you have a valid location release from a homeowner that you also have the right to photograph any of the copyrighted materials in his or her home. The homeowner may no more have the right to authorize the photography of the Warhol print than the art director does.

— Microfilmmaker | Read The Full Article