Re: Movies and Photos With Inanimate Objects (or Buildings)

Trademark is not likely to be an issue because there would be no confusion or improper usage, as long as the mark is identifying the source of the goods shown in the scene or photo and the item is incidental to the photo or scene. But one cannot sell T-shirts with coke logos, for example. That is an improper use. And photos of stacks of coke cans may be problemattic (I don't know if Andy Warhol had to get permission to display his painting--perhaps there is a fair use exception to those types of uses).

I would believe that copyright is not an issue if there is some fair use exception. For example, one could probably legally film a short scene in a museum where a copyrighted painting appears, if the scene is NOT focused on the painting as the subject of the scene, but the painting is instead incidental to the scene (e.g., just background). But I am not aware of just where this line is drawn by the courts.

• Original Message ----- From: <JonMEsq[_at_]aol.com> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Wednesday, June 04, 2003 9:34 AM Subject: [CNI-(C)] Movies and Photos With Inanimate Objects (or Buildings)

> Question- What kind of releases might be required for inanimate objects
used
> in photographs and movies. There of course could potentially be trademark
and
> copyright issues? When would copyright licenses, when not?
>
> Jonathan Miller
> Boulder, Colorado
>
Received on Thu Jun 05 2003 - 18:39:59 GMT