What are the legal rules of Copyright & Trademark issues on an Indie Film?

Question

1. VEHICLES -

a. What is the rule for vehicles that appear naturally in the background of shots? Are we expected to get releases from any and all manufacturers that make an appearance? (Drive through a shot, or parked in the background) Does the appearance of the name of the manufacturer and/or logo effect whether this is needed?

b. What is the rule for vehicles that portray a serious involvement in the story? Does the appearance of logos and/or names have an effect. i.e. two cars with name brand get into an accident.

c. The owner of the one of name brand cars refers to it as a 'piece of ****'. Could that create legal problems?

2. BOOKS -

Character's library is filled with books. We don't ever focus on any of those books, but some of the titles are clearly visible in several shots.

3. BUSINESSES -

a. Business that are visible in the background of shots? Not focused on, but are part of the landscape.

b. A character is seen leaving a particular business, where he has just performed a violent act. I'm not sure if we can get a release from this business. This particualr shot can be reshot fairly easily, but i'd rather not if it's unneccessary.

Answer 1

You bring up several interesting issues that, to be frank, are quite difficult, if not impossible, to answer in the abstract or in the limited space provided here.  The general rules are pretty simple.  Unauthorized use of copyrighted work generally constitutes copyright infringement.  Further, trademark infringement occurs when there is likelihood of confusion of a trademark.

Given these general rules, now the question is whether your particular use of a copyrighted works and trademarks amount to copyright and trademark infringement.  Of course, since I cannot see your work, I cannot say for certain whether your use is legal or not.  Your questions cannot be answered with simple yes or no answers.

I know you might be unhappy with this answer, but you should really consider contacting an attorney to go over the specific legal issues related to your movie.  No amount of free, general advice on YA will replace guided advice from an attorney who can consider the specific facts of your case.

Just so you know I'm not pulling your chain, read the article I link to below that talks about some of the issues regarding trademark use in expressive works, such as movies.  The article is a bit outdated, but the complexity of the article should give you an idea why I recommend you seek legal counsel.

http://www.phillaw.com/html/trademarks.h...