Because really, he should drive a Chrysler LeBaron
My question concerns referencing branded objects in a screenplay. I’ve read that including name-brand references should be avoided in screenplays because you would need legal clearance in order to feature them.
That being said, what if my character drives a Chrysler LeBaron? Can’t I say he drives a beat-up Chrysler LeBaron? And not just as a description, but if it was mentioned in the dialogue as well.
Understandably, name brand references wouldn’t make or break my script, but I feel it adds a nice level of depth and detail to my characters if you know they like Gucci shoes and not fancy Italian boots.
I guess my question is, what are the do’s and don’ts of brand name references?
– Aaron Murphy
In a screenplay, you can do anything. You can have Ronald McDonald shank Elmo with a sharpened Barbie over a pack of Marlboros.
The trouble comes when you’re moving from the printed word to the projected image. The corporations who hold these trademarks and copyrights don’t look kindly on other people profiting off them, even if the usage is not necessarily disparaging.
So, when you set out to make a movie, someone is generally assigned the chore of getting permission to use other people’s copyrights and trademarks. These “permission slips” are called clearances. During the summer of 1993, while I was interning at Universal, this was my job. I helped do clearances for The War and Reality Bites, mostly working on props and set decoration.
How do you get permission? You ask.
A large part of the job is figuring out who to ask. In 1993, the Internet didn’t exist in anything approximating its current form, so my fingers got very fast at dialing New York information (212-555-1212) to track down corporate offices.
Once you get the right person on the phone (or email), you explain what the movie is, why you’re asking, and if they could sign and fax back the attached clearance form. As I mentioned in an earlier article, Nolo Press’s book Getting Permission has templates for clearance forms, and a lot of information about how to handle everything from artwork to music. You can also see a generic version of what we used for The Movie here: .pdf or .doc.
My assistant Chad handled the majority of the clearances for The Movie, mostly artwork and books featured as props. It’s tedious work, but not particularly brain-draining. (In fact, I wrote my first screenplay while doing clearances.)
How do you know what needs to be cleared, and what you can just get away with using/saying?
I fall back on my standard advice: as a writer, just do what’s best for the script. If that’s Gucci shoes and Chrysler LeBaron’s, knock yourself out. Don’t worry about phantom problems. Rather, focus on writing the best screenplay you can.
Down the road, when your great script gets ready to become a great movie, there will be producers and other clever people to help you stress out over clearances.
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July 8th, 2006 at 11:26 am
Great advice! I know that it’s hard to be generic sometimes, but if the focus is on the story then “a can of soda” will do just as well as “a can of Coke.” It’s like “Birkenstock” could be “Hippy Sandal” or “Earthy Sandal” or “Whole Foods Shoppin’ Footwear” — I do like mine.
BTW, my first car was a Chrysler LeBaron Imperial I got from my grandfather. Thanks for letting me reminisce.
July 8th, 2006 at 4:38 pm
I have a similar question….what about if you are referring to a character that is owned by someone else…let’s say a main character in a screenplay is a fan of Superman…could he/she make a reference to what Superman might do in a certain situation? I’m assuming if a clearance is required Time-Warner would be tough to get a clearance from, unless of course it’s for one of their own productions.
July 8th, 2006 at 4:48 pm
this is really good helpful advice, i’ve wondered the same thing.
–RC of strangeculture.blogspot.com
July 8th, 2006 at 8:57 pm
I’d like to know how product placement factors in this situation. If BMW pays a lot of money to make the characters car a BMW and not a Chrysler, does the writer have any say in this? I would assume not, even though it might radically change the style of the characters. Also, who goes through and changes the script to add in any product placed items that companies have paid to have in the movie / show?
July 10th, 2006 at 10:14 am
One of my favorite solutions to this problem can be found in “Repo Man”. They make up most of the products featured in the movie. Gotta love that.
July 12th, 2006 at 3:30 am
There is no mention of how the named product features in the script, but if it centers around a design fault on the car that causes an accident then I’d guess clearances would be harder to come by?
-Certainly, young man, and may I say how pleased I am on behalf of the corporation that you chose to come to us instead of any of our supposed competitors. Now, if you’ll just read me the line from your script that pertains to our product?
“You think they changed the formula again in this generic brand of cola-flavored soft drink? One can after supper and I spent the night in the bathroom.”
CLICK! Brrrrr…
September 3rd, 2007 at 2:24 pm
lebarons rule!
just thought i’d mention that…