Legal Question in Entertainment Law in California

Filming Question

If you've filmed a scene at a location without permission, can you still put that video online if you blur out all the location's logos or company name?

Ex. If you've filmed a scene at Wal-Mart but you blur out all it's logos, can you still upload your film online like YouTube


Asked on 2/13/08, 10:31 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Filming Question

It's not that simple. Generally, if the logo is truly obscured, it'll probably be OK, but if the location is still recognizable, it may be an issue. Some buildings are very distinctive, so be careful.

Also, you may have issues regarding permission to film at that location. IF you were shooting on private property, without permission, your footage will serve as evidence of your trespassing.

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Answered on 2/14/08, 12:08 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: Filming Question

I agree that the answer isn't that simple and your film can be used as evidence against you in a trespassing case but I have a slightly different response. If you're shooting a film and the location can confuse a viewer as to the source of your film (e.g. using your example, that Wal-Mart is endorsing or sponsoring your film) or you are disparaging the location in an unfair manner, you may run into trouble. But if the logo and the location are incidentally captured on film (e.g., background) and don't appear to be anything other than that, you should be okay. Just think about how many films shot on location include buildings, signs, logos, etc. Questions such as yours require the review of counsel and a determination should be made in each case as to whether a challenge against such use could reasonably prevail.

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Answered on 2/18/08, 10:35 pm


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