Copyright Law Qstn. - Can Characters Verbally Mention Items?

Is it legal to verbally or visually mention copyrighted and/or trademarked items in a film? eg: Do you need permission from Sony to produce a short film built around a Sony boombox? What if the characters refer to it as a Sony boombox, but no Sony logo ever appears on screen? Thanks for any help, Dan

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Product Placement

Product Placement was brought to the forefront on the film, "ET." They use and mention Reese's Pieces. The way it works is this... When I get a job on a film (propmaster) I read the script and break it down for rentals, purchases, weapons and product placement. I get a copy of the script to product placement houses. These are companies with various "clients." one place could rep Miller beer and another company could rep MooseHead beer. If you buy an "LA 411" you'll be able to find the numbers of all the product placement companies. Let's say, we have a bar scene. The product placement agencies will place beer, neon signs, posters, t-shirts, etc in any one given scene. In essence, you need permission BEFORE you put something on the screen, otherwise you run the risk of getting sued. For instance, if you have a drug dealer using a Sony product in many scenes, that might be looked at as negative advertising. Conversely, if an "A-List" actor uses a boombox in a shot, often times, companies will PAY the production company to use their products as positive advertising. So, in your case, unless you find out who reps the particular product, it's always wise to turn labels, alter labels, use non-existant labels (that are created), or just use generic brands. Hope this helps.

correction

If it's just a short film, meaning you will not make money from it, you might be okay. But, you should run it by Sony's people first. Maybe get a letter of permission. As long as their product is not used by evil people I think you'll be fine. Try "Greeking" the logo to read SUNY - ya never know.

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