I always advise clients to work with the art department and the production designer in the lead-up to the shoot. Oftentimes, there are props, set dec, or other items that make it onto the frame that contain copyrighted works or have trademarks. Or products could be used in a way that the owner of those products did not intend for them to be used.
It is part of my job to be in close contact with the art department and to review original works that they create from props; e.g., a fake mockup of a prop, artwork acquired from third parties. If they were to utilize a brand name item in the script, then having a clearance lawyer review that would be prudent.
This could range from artwork on wardrobe, it could include items in the background, and it’s always great to have that discussion with the lawyer before something is committed to film/video vs. after the fact when the lawyer is in the stage of reviewing the cut and asking, “Hey, is this cleared? Where did this come from?” And it is much more difficult to change it at that stage than it is before you film.
Nathaniel Lyman is a lawyer at Chandler Fogden Aldous Law Corporation in Vancouver, British Columbia, where he provides legal services exclusively in the areas of film and television. His clients include production companies, individual producers, animation studios, writers, directors, performers, and others in the creative fields. He was admitted to the British Columbia bar in 2013 after graduating from the Peter A. Allard School of Law at the University of British Columbia.
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About: Chandler Fogden Aldous is a leading entertainment law firm based in Vancouver, BC. They have extensive legal and business experience in the areas of film, television, digital media, and music. http://www.cfalaw.ca/
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