When it comes to film making, sometimes not asking for permission to do certain shots is better than to ask. I’ve been researching to see if I’m allowed to incorporate real products in the H4CK3R5. So that instead of using a can of generic energy drink in a shot, I can just use Red Bull or whatnot.
This is what I came across, from the Philip Morris website:
Unfortunately, the fact that Philip Morris USA does not engage in product placement does not mean that our brands are never shown. Some producers and directors choose to depict Philip Morris USA brands in their work without our permission.
But we are limited in our ability to stop all displays of our brands, because federal and state trademark laws, as well as the U.S. Constitution, protect freedom of expression and the “fair use” of trademarks in works such as movies and television shows.
But if you chose to ask their permission:
Philip Morris USA continues to deny all product placement requests for its brands.
So the trick is not to ask. Same when you’re requestion to film in certain locations: sometimes its better to ask. Because if you ask, you’re most likely going to be told “no.” Being told “no” and filming anyways opens you to far greater risk. But if you don’t ask, and its in a generic locale, then no one will ever be the wiser. Of course, exert some common sense.
When it comes to filming people, however, I tend to be a fair bit more cautious. If an individual is in the foreground of the shot, or the focus of the shot, then I always ask their permission. On film or on paper. I don’t consider simple vocal agreements to be enough. Yes, you’ll have plenty of people refusing for no good reason. But really, that’s better than a lawsuit.