Using a famous person’s image in small independent film?

Question by death from above: Using a famous person’s image in small independent film?
What could happen if the user does not get permission to use the image? Read on for explination if you care to…

I know this person who is making a movie, an extremely independent, first film type thing that they want to put into film festivals and market/sell. They are using an image of someone famous on a food product label they created because it would be “funny” for a certain scene. It’s usually general knowledge that you can’t show brand names of products or use copyrighted images in films without permissions… This person knows that, but is ignoring it for this one scene. Needlessly I’ve told them it’d be bad to use this person’s picture without permission, with them ignoring me.

What could happen when they are sought out because of using the image??
PLEASE help, as this will affect me too if it has financial ramifications.

Best answer:

Answer by Marie37
If the chances of this film making it into the major festivals (Sundace, Toronto, Cannes) or getting bought and distributed are slim, I wouldn’t worry about it. Most of the films in smaller festivals have all kinds of copyrighted material in them, but because they filmmakers aren’t making any money off of it, it’s no big deal. In my films I always have recognizable posters on the walls and things like that, but again, I knew that the chances of my film getting picked up from any of the festivals it was in were slim.

If you were sought out for using the image, they would 1.) Demand the image be removed. 2.) Seek out what it would have originally cost you to use the image and possible sue you for copyright infringement.

So..if you truly think this film is going places, I would leave it out. If not, go for it.

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