Gavin Greenwalt
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You cannot copyright a functional shape. You can protect "Trade-dress" but that's a different bucket of worms. So RED couldn't claim tradedress on its lens mount appearance since its appearance is literally form following function. If it put some distinctly red flares on it though that could be considered "trade dress" and get you into trouble. Generally though for film making trade dress isn't a problem. If the logo is recognizable then you need to paint it out or tape it over or obscure it somehow. I'm relatively certain though if you just put an Epic Body into the film and blacked out the logo you would be fine. Once you flash that Ford logo or Red logo etc then you're using a trademark and that's problematic. Also problematic is if there is any art on the product. So while they can't copyright the car, if they had a tribal pattern on the side of the car that can get you into hot water. Or if you had an Apple laptop with an illustration on the desktop that illustration is still protected. Also any sounds it makes are copyrighted. So the startup sound on a mac or the error sound are copyrighted. The icons can also be copyrighted so if you show the user interface you could be sued for copyright infringement of the operating system.
If we had to get releases for every car, laptop, phone, shoe, hat and building in every commercial no commercial would ever get made. You do need to remove signs, logos and artwork from the world though.
If we had to get releases for every car, laptop, phone, shoe, hat and building in every commercial no commercial would ever get made. You do need to remove signs, logos and artwork from the world though.