Logos & Copyright for Indies -  1142 days ago

 

I recently received an e-mail asking about the use of logos in both narrative film and documentaries. Not being a lawyer or a well-versed student of copyright law, I had no clue. So, the Sherlock hat came out of the closet, and I began to do some research. Here’s what I discovered:

From the Saper Law Firm blog:

“Trademarks are words or symbols that identify the goods or services of a business in commerce…As a film maker, you have
broad free speech rights and will be given some flexibility in displaying trademarks in your movie. However, watch out for scenes that may disparage another company’s trademark or in any way imply that the production is affiliated that other company. It is best to ask your attorney.”


From a DV Magazine article:

“...Fair use should protect documentary filmmakers from being forced to falsify reality. Where a sound or image has been captured incidentally and without prevision, as part of an unstaged scene, it should be permissible to use it, to a reasonable extent, as part of the final version of the film…”


And finally, in comic book form comes “Bound by Law”, a publication of Duke University:

“...to infringe a trademark, you would generally have to use it in a way that confuses viewers…”

Hopefully this whole post is not an infringement of copyright! I’m claiming fair use…If anyone has more information about this subject, send it my way. It’s something we producers MUST be aware of before embarking on a project.

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