Product Placement- J. Thomas

APPLE
PEPSI
FORD

1. Passive Reference : mention it ( thirty? want a pepsi? )

2. Foreground vs. Background

3. Talent consumption = uses /drinks it = most lucrative

4. Integration into the storyline ( Job at a pepsi plant ) = 2nd most lucrative

Clauses: no standard boiler plate, but key clauses
a. creative control. The company recognizes the producer retains all artistic and creative control.
JERRY Maguire : Reebok vs. TriStar: many scenes cut
DIE HARD 2 Black and Decker v. 20th Century Fox: $20K paid, scene edited out. Sued for marketing materials
-- Factors affect how much a company will pay for product placement.
1) Talent associated; (2) Film's projected box office revenue
;(3) Ways in which brand will appear.
ONLY 5 percent are paid in cash, rest are
"QUID PRO QUO" i.e. Burger King will provide dinner for the cast and crew in exchange for being featured.
BARTERING : Companies will provide goods or services in exchange for exposure.
CROSS-PROMOTION: Companies will sponsor tie-in promotions
- One key to avoid litigation is a clear articulation of the manner and the frequency where product will be displayed can attach the script to email.
- DISTRIBUTION. THe contract should clearly articulate what happens if the film or television program does not get distributed or broadcasted. The contract should also cover the
- geography of distribution-
Usually must refund if not distributed. Can re-visit, carry the terms of the agreement from that progam to the next program, this pilot did not get picked up, will include it in the next one. Phrasing.
-- other key clauses
1. rights
2. license
3. restricted Use.
4. Company Warranties.
5. Use of Likeness / Publicity
- LEGAL ISSUES AND CONCERNS
- GOvernment and Non-Government Regulation
Television: FCC regulations state that tv programs cannot accept fees ( cash transactions ) for
product placements without stating so during the program.
FILM: Not much regulation now, but it;s coming.
UNION CONSIDERATIONS.
Writers Guild of America.
White Paper.
See Are You Selling to Me? Stealth Advertising in the entertainment industry.
Proposed code of conduct for product placement.
ex. strict limits on the usage of product integration in
children's programming.
Available at:
www.wga.org/uploadedFiles/news_and_events/press_release/2011?(more )
THe Law office of Jaia Thomas ; www.jathomalaw.com
jaia@jathomaslaw.com
twitter @jaiathomaslaw
Q and A, what if the product is not show in a good light?
- What is the best way to get in touch with companies that want to promote their products?
1) www.erma.org
2) there are a lot of 3rd party liaisons now that specifically work with matching up production companies with products. THat's another way to get in touch , a contract or agreement. Liaison or company that specifically matches up. These companies have contact information.
3) Direct contact via the web.
4) Script pretty much the same as trailers DEALS are based off the script.
SPONSORSHIP vs. product placement.
DOCUMENTARIES special conditions? Can email.