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by jweir 2302 days ago
Can products even be protected in this manner? This seems way outside the scope of copyright protections and seems entirely wrong, but IANAL. Can anyone add some background to this that is?

edit: barrkel posts a comment that links and explains the Trademark law around this. search for it and upvote!

2 comments

I found this article on this topic from a lawfirm specializing in entertainment law interesting:

https://rodriqueslaw.com/blog/how-use-brands-and-products-fi...

It references some of the existing caselaw. My reading suggests Apple would be very unlikely to succeed in court if they legally challenged a filmmaker for simply giving an iPhone to a villainous character.

Maybe the real issue is studios don't want to loose out on any future product placement money with Apple?
If Apple acts overly douchey in this fashion, movies can institute anti-commercials in their scripts.

>Boss: It looks serious. Those guys are using Macs.

>Technerd: No worries. Macs are second rate systems. A bit slow. A bit inflexible. We'll not have any problems getting control of their systems and out maneuvering the kiddiez.

Honestly, I took up smoking Cigars because I saw all villains smoke Cigars. Call me stupid but then a lot of people do get influenced by the bad guys and buy the products for the reason it is being used by bad guys.
It's one of those things... if you follow Aston Martin at all (as a company) - they'd have died a long time ago if it weren't for James Bond propping them up.
I thought it was hilarious on Mad Men when a character tried to asphyxiate himself in a Jaguar and it wouldn’t start.
I never saw James Bond as the bad guy, but to each their own.
Logos and names are trademarked, not copyrighted. Theoretically, Apple could sue if they could argue that their trademark is being used in a way that could deceive consumers. That's the test for trademark infringement: would a reasonable person think that you are passing off a trademark as your own product?

But you don't need permission to say or use trademarks in a movie. Josie and the Pussycats is a famous example: they used a ton of trademarks to make it look like product placement, where in reality they weren't paid for all of the trademarks they used (nor did any of the named brands complain):

https://en.wikipedia.org/wiki/Josie_and_the_Pussycats_(film)...