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[NG]

I am doing some product placement for a movie set in the 80's...Does anyone know if I am permitted to have actors in band logo T-shirts?

[JSonnabend]

I am aware of nothing that would prohibit you from doing so.  Even if you were to make the shirts (i.e., use reproductions) rather than purchasing the shirts, your use would likely be considered fair use.

- Jeff

[NG]

Thanks Jeff - Is the concept of Fair Use basically that a design (in this case) is so readily available in the market that permission is not needed?

Also - one more question - If we want to use a product in the movie and the company that made it no longer exists do we need to get permission?

By way of example - If we want an actor to be holding a hand held electronic toy made by Coleco and Coleco no longer exists, do we need to seek permission?

Thanks

[JSonnabend]

Regardless of whether the manufacturer is still in existence, I don't believe you'd need any permission to use the product as you've described.

Regarding fair use, fair use is a broad, equity based concept that excuses certain technical infringements on policy grounds, namely, that certain otherwise infringing uses should be allowed.  The "widely available" aspect is pretty much not germane.

- Jeff