Fight over “Flight” example of fair use gone bad


In The Global Indie Author I warn about the use of trademarked products where the connotation is negative. While fair use laws allow for this, companies associated with a product portrayed in an unflattering light will often take offense and launch an objection. Such is the case with the recent film Flight: Denzel Washington’s character, who flies the plane drunk, is seen drinking Budweiser beer and Stolichnaya vodka in the movie. According to a the Hollywood Reporter, both Budweiser and Stolichnaya have made demands that their logos be digitally removed from the film. Neither company, however, have yet revealed their next move if Paramount Pictures refuse the trademark holders’ requests.

It is highly unlikely the companies would win any lawsuit if launched, and Paramount have the money to defend themselves. But as I warn indie authors, you do not likely have such funds. Proceed with caution if you’re using a trademark in an unfavourable light.

 

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