Legal Question in Entertainment Law in California

Major businesses on video.

I plan on producing a video for wide reproduction and sale. Is it legal to show businesses, such as fast-food restaurants (ex. McDonald's) in the video without their consent? I mean their buildings, signs, logos, etc. From outside the building? From the inside?


Asked on 5/16/08, 4:11 am

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Major businesses on video.

Your question provides too little information on which to form an opinion. On the question regarding the depiction of hte outside of the business, much depends on the nature of the video you plan to produce, whether it's a feature, a documentary, a spoof, etc. can have a significant impact on the answer to your inquiry.

For example, if the scene is in a feature, and merely shows characters walking or driving down a street and a fast-food restaurant's sign is shown as they pass, it's probably OK, (provided they're not talking about that chain as they pass), but if it's a feature about folks who work at said fast-food restaurant, it might be a tougher call... again, much will depend on how the restaurant is portrayed, and in what context. Best advice is always get permission... it's a lot easier than fighting about things later on.

As for the question about whether it's legal to show the business "from inside the building", the answer is clearly a "no"... you need a permit to shoot on the premises, much less to exhibit the footage shot there. Also, each person shown in such footage will need to sign a release authorizing your use of his/her likeness.

My practice is exlusively entertainment law... if you'd like to discuss with more specifics, I'm available for a consultation.

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Answered on 5/20/08, 7:21 pm


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