Fair Use, But Not in the Movies
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     23 June 2009
As many film-makers have discovered to their cost, US Trademark and Right of Publicity laws make no formal provision for ‘fair use’ (Copyright law is a different matter entirely). This is a blessing in terms of combating the practice of product placement, but the law has caused the use of real world objects in movies to become fraught with difficulty. Here are a few of the casualties, as noted by the author Lawrence Lessig:

Batman Forever – In one scene, the Batmobile was shown driving through a courtyard. Its architect claimed copyright violation and demanded compensation. His suit was rejected, but the release of the film was delayed.

Twelve Monkeys – The film was stopped by a court 28 days after its release when a furniture designer claimed that a chair featured in the film illegally resembled one of his own.

The Devil’s Advocate – The release was delayed by two days after a sculptor complained that one of his pieces appeared in a background shot without his consent.