A question for Vince about releases since he wrote the F.A.Q over at View Askew...

Kisses And Caroms Discussion Board: A question for Vince about releases since he wrote the F.A.Q over at View Askew...

Short_Bus_Entertainment

Wednesday, January 12, 2005 - 05:33 pm
I recently wrote/directed a short film (comedy/drama) that i'd like to enter in the View Askew contest.

The problem:

One of the main characters wears a HIM shirt (Signed Band on Sony/BMG) in one of the scenes (A tribute to the actors favorite band)

The character is not misrepresenting, slandering, or passing the logo off for his own. He's just simply wearing the shirt.

So does this get covered under fair use?

I'm a poor student with no connections in the business to try and contact Sony/BMG and get a release. Do i need one, or like i said before, is it fair use?

The F.A.Q you wrote over at View Askew says you need releases for EVERYTHING. I've posted over there about it and have only goten conflicting answers from people over there.

If it is fair use, would that also apply if say a computer was on in the background with a Daily Show screen saver on it (Since it's downloadable and free from Comedy Central)?

Please help.

Sincerely,
Jason Schneider

Vince (Vince)

Friday, January 14, 2005 - 08:15 pm
Technically you need a release for the shirt. Even though the band is signed a release from the band maybe fine. They may own their logo. Contacting SONY or the band is the same for us pee-ons as it is for the big boys. Call them. Youâll be surprised how easy it can be to get permission. Just remember act like a duck, talk like a duck, you must be a duck.

Still, without clearance I doubt itâll be a problem. Since I never heard of the band they can probably use the exposure and as long as you donât dilute them you should be fine.

The daily show bit is going to be a tougher problem. Since it is video and you are using it, itâs less promotion and more of a problem. Use After Effects or something similar to replace the screen. Or try to contact them, but I think theyâll be tougher on you.

Vince (Vince)

Friday, January 14, 2005 - 08:17 pm
Geeze, have I ever heard of a coma?

I'm the Run-On KING!

Short_Bus_Entertainment

Saturday, January 15, 2005 - 12:02 am
Thanks Vince, i appreciate the advice.

By the way, i watched your trailer and it looks good. How/where can i see the full movie?

Vince (Vince)

Saturday, January 15, 2005 - 01:23 am
Join the news letter and info on screening and maybe copies will come soon. Don't worry you don't get spammed.