RSSAre there any legal problems with using a specific product in my film?
Internet Filmmakers' FAQ
As with all remotely legal issues touched upon in the Internet Filmmaker's FAQ, this information should be used as a guide only. You should ALWAYS talk to a qualified entertainment lawyer regarding potential legal pitfalls relating to your film.
Generally speaking, if you use a product positively in a film for the purpose it was intended for (i.e. your character drinks a can of Coke or eats a packet of chips) there should be no problems - you don't have to use generic labelled products. And obviously products which aren't featured in your film (e.g. a packet of Kellogg's cornflakes sitting on a shelf in the background) should also not be an issue.
Problems can arise in two main areas. Firstly, if you show a product in a bad light (i.e. your character drinks a can of Coke then says, "Man. Coke sucks!"), the company that produces it may not be too happy with you. This may constitute what is called 'defamation' of a product, similar to a famous 1997-98 case involving comments made by Ophra Winfrey on her show about the US beef industry.
The second area is a little harder to nail down, and is the best reason why you should involve a lawyer in the final decision of using specific products in your film. Although you may not see any specific problems with using a specific product in your film, a manufacturer or trademark owner could, amongst other things, decide that they don't want their product associated with all or part of your film. This could be for a variety of reasons, but most often because they don't feel that their brand is compatible for the subject matter of the film or the context in which the product appears in your film (for example, a situation where a character in your film uses a Coke can to make a bomb).
All of that said, there is a healthy sector of the marketing industry which specialises in getting products into films. Most filmmakers are now familiar with the use of product placement as a way for companies to market their wares to potential customers. There are many instances of companies paying large sums to a film production for their product to be displayed in even a minor way in the film. Pepsi reportedly paid over $300,000 just to have Pepsi signs and machines displayed in the background of some shots in Terminator 2: Judgement Day.
So if your script calls for the use or reference to a specific product (or can be adapted to do so) you should try getting in contact with the marketing department for the respective company and see if you can work out some sort of deal. Many companies are surprisingly keen to have their products displayed in your film, although the fees they might pay for this will be heavily dependent on the profile of your film and who's involved. There are also many companies out there which will act on your behalf to seek out and arrange product placement (for a fee of course). One such company which has been recommended as friendly and helpful is:
UPP Entertainment Marketing
3401 Winona Avenue
Burbank, CA 91504
USA
Tel. (+1) 818-526-0111
Email. info@upp.net
www.upp.net