DVD Copyright Query.

[CountryFarmer]

Hello.

I don't know if this is the right section of the forum, if the right forum at all to be posting this in but I will have go anyway.

I have a query about copyright in DVDs.
If I was to film tractors and combine harvesters for a DVD but you could see the manufacture name on the side e.g. Massey Ferguson on the tractor, would that be classed as copyright?
This has been puzzling me for a while. Not sure if I would need to ask for permission or not.

Thanks for any replies.

[jagabo]

If I was to film tractors and combine harvesters for a DVD but you could see the manufacture name on the side e.g. Massey Ferguson on the tractor, would that be classed as copyright?

That wouldn't be copyright violation in any case -- it's a trademark issue. In that context it's not a trademark violation.

[CountryFarmer]

If I was to film tractors and combine harvesters for a DVD but you could see the manufacture name on the side e.g. Massey Ferguson on the tractor, would that be classed as copyright?

That wouldn't be copyright violation in any case -- it's a trademark issue. In that context it's not a trademark violation.

Thanks for the reply. So are you saying I will be able to make DVDs without having to ask the manufacture for permission?

[filmboss80]

If you unfairly tarnished their brand image, they could call their lawyers and go after you. Otherwise, it's free advertising for them. There is almost no likelihood of them ever giving you the slightest bit of grief, unless, as I mentioned, you unjustly slander/libel them.

If it will help you sleep better:

1. Call them and get permission.
2. Cover their logo before filming.

[CountryFarmer]

I really appriciate these replys, thanks. I would be in no way give negative comments about the companys, so that should be okay then. I probably will contact them just to be on the safe side, they should give me the permission, I hope.
Thanks

[jagabo]

I think it depends on the context. If you filmed just their trademark and used it to sell your own brand of tractors then there would likely be a case against you. If you shot a two hour movie of nothing but their trademark and somehow made money off it they might have a case.

[CountryFarmer]

If you shot a two hour movie of nothing but their trademark and somehow made money off it they might have a case.

It would only be the occasional glimpse of the logo. Not solidly filming it.

[Constant Gardener]

It's called "product placement" and manufacturers will pay big bucks to get their stuff into a movie. Probably not for a home video, alas.

[jagabo]

On the other hand, even if they have no case, they might sue you. And it will cost you tens of thousands of dollars to defend yourself.

[AlanHK]

1. Call them and get permission.
2. Cover their logo before filming.

Don't do that unless you're trying to get them to sponsor you. If you ask for permission, they will want to see it and approve your film, and tell you to change things.
In any case they will then be watching out for it when it's released and more likely to give you trouble.

You don't need anyone's permission to show a trademark.
Trademark law controls how you can brand products offered for sale, it doesn't give a company the right to censor any depiction of their products.
-- For example, have you seen the film Supersize Me? Do you think that McDonald's would have given permission for that film, which is full of their logo in a very negative context, or that they would have stopped it if they could?

Does every film that shows a car have to disguise the brand? How would this be different?

True, big companies can harass you regardless of the law, but you would get some pro bono help from ACLU or similar groups if that should occur. But it's very unlikely.

[Ozzyjim]

If you get permission to film their equipment - get it by e-mail atleast - a letter would be better as if on phone they could deny it in the future same goes for the person or company that owns the land if not your own, also see if you need a "release" if you can see anybody operating the equipment... Just a thought - things are different from country to country and state to state...

[lordsmurf]

I actually agree 100% with AlanHK.

And that doesn't happen too often!
But he's absolutely correct on all points here. Heed his advice.