Can I include logos/signs in my documentary film without permission?

October 24, 2016 7:21 AM

my footage includes: 1. business names/logos in the background of outdoor shots 2. phone numbers of businesses on bus stop benches, etc. 3. people walking by in the background 4. logos on my subject's clothing 5. vehicle license plates driving by in the shot.

morning, everybody. I'm a first time documentary filmmaker, and extremely green when it comes to the legalities involved. I'm hoping for some guidance/information on what I'm allowed to use in my film without getting sued, or how to pay the appropriate rights / cover my butt.

for what it's worth, I live in Canada and the shooting is entirely in Canadian locations, however I hope to submit the film for festivals and other screening opportunities throughout North America and Europe.

over a few months of filming with my subject, I've amassed a lot of great footage, however much of the footage contains:

1. business names/logos in the background of outdoor shots
2. phone numbers of businesses on bus stop benches, etc.
3. people walking by in the background
4. logos on my subject's clothing (one particularly great interview, he was wearing a Superman logo hat... is that interview usable?)
5. vehicle license plates driving by in the shot.

so my question is: which do I need to blur out? which can I safely leave in? which do I need to pay for?

if you know of any great references for this sort of info, please point me in the right direction.

posted by isaacq to Media & Arts (3 answers total)

One of the reasons that you see blurred out logos is to not provide free product placement, especially if other companies are paying to have their product placed. Here is an interesting article on product "displacement". Which also states that blurring or slightly obfuscating a logo may be done intentionally as a form of product placement because the distraction of the "not quite correct" logo forces viewers to register the real brand.
posted by jmsta at 8:06 AM on October 24, 2016 [1 favorite]

You can be sued for anything.

There's no laws saying you have to blur products. As stated above it's usually done to control advertising, one way or another.

If you make an "off color" film and show lots of logos, will one of those companies come after you for "damages"? Maybe. If you make a really cute dog film and it becomes wildly popular and the leash you featured in the film becomes a popular trend, will the company come after you to pay you for all the great advertising? Probably not.

The answer is you do it to the extent that you want to manage your risk of being sued or loose sponsor support.
posted by humboldt32 at 9:04 AM on October 24, 2016

You may want to look to see what Canadian Artists' Representation (link is to the Ontario org) has as far as resources to help you answer these questions. Between the publications they offer and perhaps pro/low-bono legal services they seem likely to get you a good answer.
posted by sparklemotion at 2:25 PM on October 24, 2016 [1 favorite]