Discussion:
What is the name of your state? Kentucky (it deals with New York, however)
Hey folks,
I am the editor of Microfilmmaker Magazine and I had a gentleman ask a question about the legality of using specific types of reference material to other films in a film.
If one of you knowledgeable folks could go to the entry and answer it, it would help me out a lot!
The state in question is New York and the entry link is at:
Thanks,
Jeremy
Answer:
do a search on this site. We answered this question less than two months ago
Answer:
BB,
Thanks for that info, however I've tried a few searches and found no reference of this topic coming up. Do you happen to remember the title of the thread or have the link of it, so that I could read it?
Thanks,
Jeremy
Answer:
I used the search fuction in this forum using the term 'product in film' and found the answer in 2.3 seconds.
Answer:
BB,
Checked out your search criteria and found the question about showing brand names in a student film. This has nothing to do with my question.
The question that was brought up to me is this:

"Films are often loaded with references to other films. I'm interested in adding film references in my upcoming project. Here are a couple examples:
-Early in Almodovar's "All About My Mother," two characters watch "All About Eve." A few seconds of footage from "All About Eve" shows up on the screen. What are the legal issues if I wanted to do something similar, i.e. characters' watching a film in my movie? Would there be royalties to work out?
- What would be the deal with including movie posters in a film? For example, if I included a poster of "All About My Mother" in one of my scenes? Would there be any legal issues? Royalties?"

Again, this question is not for student films. These are for films that will be submitted to film festivals and will be attempted to be sold nationally.
Thank you,
Jeremy
Answer:
then you didn't read the post correctly or at all.
It doesn't MATTER if it's a student film or commercial product. The law is the same.
Answer:
BB,
In all politeness, if you cannot be bothered to actually read my question, please do not be bothered to respond as though you have.
When you suggest that I read a post about using brand names in a student film which basically states that, 'If you're small enough, companies won't sue you,' then the legal basis for you bringing up the law at all comes into question.
I would like someone to respond to my query about referencing previous films in new films who actually knows what the legal cut-offs are and who actually would like to help.
Thank you.
-Jeremy
Answer:
BB,
In all politeness, if you cannot be bothered to actually read my question, please do not be bothered to respond as though you have.
When you suggest that I read a post about using brand names in a student film which basically states that, 'If you're small enough, companies won't sue you,' then the legal basis for you bringing up the law at all comes into question.
I would like someone to respond to my query about referencing previous films in new films who actually knows what the legal cut-offs are and who actually would like to help.
Thank you.
-Jeremy Boy, you really are dense aren't you? Must be a wildcat graduate....
Just what do you think a film is? It's a product. Get the connection? Can you stretch your mind that far? A film is OWNED (trademarks, copyrights and licensed) by it's owner.
Now, lead a horse to water**************
Answer:
In general, you might want to start here:
-Early in Almodovar's "All About My Mother," two characters watch "All About Eve." A few seconds of footage from "All About Eve" shows up on the screen. What are the legal issues if I wanted to do something similar, i.e. characters' watching a film in my movie? Would there be royalties to work out? Whether or not this would be legal or not (without permission) would depend entirely on whether or not this would be found by a court to be a "fair use." The problem with "fair use" is that it is a defense to a charge of infringement, not a "right" that you can assert, so it's risky to depend on it. It's better to simply ask for a license to use the materials. If you want to read up on fair use, see 17 USC 107, and Campbell v. Acuff-Rose Music (mostly about parody, but also discusses fair use).
- What would be the deal with including movie posters in a film? For example, if I included a poster of "All About My Mother" in one of my scenes? Would there be any legal issues? Royalties?" It depends on the usage. If the poster is merely in the background as a prop, then the usage would be "de minimus," and not infringing, but if it is in the scene as more than just background decoration, it could be infringing. See, e.g., Ringgold v. Black Entertainment Television, 126 F.3d 70 (2d Cir. 1997); Sandoval v. New Line Cinema Corp., 147 F.3d 215 (2d Cir. 1998).
who actually knows what the legal cut-offs are The problem is, the legal cutoffs are very fact-specific, so nobody can give you a real answer without analyzing all of the facts of your situation. The info above can give you guidelines as to what is okay and what isn't, but only a detailed analysis of all of the facts can tell you where the "cutoffs" actually lie.
Answer:
showoff