Creating fanmade LEGO commercial is legal?

[JeagerEX]

Anyways making any fanmade LEGO commercial by using minifigures at home is fun, but if you making that kind of thing in some stores like Wal Mart, Toys R US, and LEGO Brand stores is still legal?

Like example: Inside the LEGO Store Frank Rock, Jake Raines, and Josh Thunder are trying to stop the Gangster from series 5 before he take over LEGO Store and mess up the minifigure parts in the build-a-minifigure bin.

[JopieK]

Uhm, I think it would be best to contact the store manager or isn't that what you mean?

[PsyKater]

Anyways making any fanmade LEGO commercial by using minifigures at home is fun, but if you making that kind of thing in some stores like Wal Mart, Toys R US, and LEGO Brand stores is still legal?

Like example: Inside the LEGO Store Frank Rock, Jake Raines, and Josh Thunder are trying to stop the Gangster from series 5 before he take over LEGO Store and mess up the minifigure parts in the build-a-minifigure bin.

I have absolutely no clue what you are talking about.

[Fugazi]

Anyways making any fanmade LEGO commercial by using minifigures at home is fun, but if you making that kind of thing in some stores like Wal Mart, Toys R US, and LEGO Brand stores is still legal?

Like example: Inside the LEGO Store Frank Rock, Jake Raines, and Josh Thunder are trying to stop the Gangster from series 5 before he take over LEGO Store and mess up the minifigure parts in the build-a-minifigure bin.

I'm not sure what you're asking exactly, perhaps you should explain a bit more. Are you asking about the legality of fan-made flicks taking place in a brick-built store, or a real store?

[JeagerEX]

Are you asking about the legality of fan-made flicks taking place in a brick-built store, or a real store?

I mean in the real store.

[purpleparadox]

I believe he's asking whether or not it's legal to make a brickfilm inside a real LEGO store.

[Shadows]

I mean in the real store.

You could ask them, and perhaps consult your local authorities to determine the laws regarding public filming.

Here, you can film in public, but recording voices without permission is strictly forbidden, for example.

[JeagerEX]

You could ask them, and perhaps consult your local authorities to determine the laws regarding public filming.

Here, you can film in public, but recording voices without permission is strictly forbidden, for example.

So If the LEGO group could find out about this thing what would happen?

[davee123]

You mean what if you filmed some footage in a toy store like the LEGO store, WalMart, or Toys R Us, and then used that footage in a commercial for LEGO?

Chances are, LEGO won't care. Technically, in the USA, you usually need permission from the owners of the property in order to film there. That means (in the case of a LEGO store) that you need permission from the mall, and possibly from LEGO. You also (legally speaking) may need to make it clear to any people present that they may be filmed, and potentially audio-recorded. Note that visual recording and audio recording are two very separate things as far as the law is concerned.

So, what happens if you do it? Probably nothing. I'll give it a 99.99% chance that nothing happens, and you're fine. Most likely, your commercial won't go viral or anything, and won't be featured by any broadcasting companies. I'm guessing you'll upload it to YouTube, or show it to your friends, and that'll pretty much be it.

If, for some reason, your video makes it big, then it might matter. Technically, the LEGO company, the store where you filmed it, the property owners, or people on film in your video (or other stakeholders if you use copyrighted music, sound effects, or images), can IN THEORY, cause you problems. Again, chances are, if one of them doesn't like the video, they'll just get it taken down from YouTube, or (if they're REALLY serious) send you a Cease & Desist, and order the materials destroyed.

Absolute WORST case (almost guaranteed not to happen), they could sue you for damages. That means you'd have to pay them something, and probably would need a lawyer to represent you, which costs you more money. But that's RIDICULOUSLY unlikely.

Basically, people do that sort of amateur filming ALL THE TIME, and nothing ever comes of it. Pretty much worst case? They just get you to take it down-- you don't have to pay anything or go to prison or anything-- they just say "hey, you didn't have our permission to make this, so stop it". It's only in very extreme cases where they'd actually try and go after you.

DaveE

[JeagerEX]

So, what happens if you do it? Probably nothing. I'll give it a 99.99% chance that nothing happens, and you're fine. Most likely, your commercial won't go viral or anything, and won't be featured by any broadcasting companies. I'm guessing you'll upload it to YouTube, or show it to your friends, and that'll pretty much be it.

That's I'm trying to say. Upload to youtube, not in the broadcasting companies.

Even it's still prohibited if I use my minifigures as a cast instead of a real actors?

[davee123]

Even it's still prohibited if I use my minifigures as a cast instead of a real actors?

If you avoid recording footage or audio of anyone present at the store, or if you get their explicit permission to do so, then those particular people can't file suit against you.

However, it doesn't preclude the store, property owner, or LEGO from POTENTIALLY suing you. But I wouldn't worry about it.

Just ask the store owner, and they'll probably say it's fine. The most likely reason that they'd say "no" (I would imagine) is that you'd cause an annoyance to other customers during filming. I don't think they'd mind the actual filming at all. But yes, TECHNICALLY, they can still sue you. In fact, I'm sure they can technically sue you for a slew of things that aren't important, even if you played by all the rules. Again, I wouldn't worry about it.

DaveE

[JeagerEX]

Even if I ask permission to them it is Okay (not ok-ey)? Some LEGO stores are connected to the FBI like the one in Ontario Mills mall.

[davee123]

Even if I ask permission to them it is Okay (not ok-ey)?

Even if you ask permission from whom?

Some LEGO stores are connected to the FBI like the one in Ontario Mills mall.

Connected to the FBI? What makes you say that?

DaveE

[JeagerEX]

Even if you ask permission from whom?

From the store manager or owner.

[davee123]

From the store manager or owner.

You should ask them, and find out what they say.

They may say "no, we have a strict policy about filming in the store", or they might say "Sure, that's fine, do whatever you want", or "I can't answer your question, but talk to our district manager, who can tell you", or "Tell us what you want to use it for, and then we'll tell you if it's OK or not".

If you get written permission from whoever owns the property and from the LEGO company (regarding use of their materials), then they'll be hard-pressed to have any problems with whatever you're doing. But since that's very hard to get, hard to enumerate, etc., it's probably just easier to ask informally and go from there.

DaveE

[JeagerEX]

Basically, people do that sort of amateur filming ALL THE TIME, and nothing ever comes of it. Pretty much worst case? They just get you to take it down-- you don't have to pay anything or go to prison or anything-- they just say "hey, you didn't have our permission to make this, so stop it". It's only in very extreme cases where they'd actually try and go after you.

So not only will get me about this thing, but even my own LEGO minifigures will confiscate it?

[Faefrost]

Even if I ask permission to them it is Okay (not ok-ey)? Some LEGO stores are connected to the FBI like the one in Ontario Mills mall.

Ummmm? What? No really? What!?!? Lego stores are NOT connected to the FBI. Really they aren't. In particular the FBI doesn't tend to patrol malls in Canada. They are kind of funny that way.

It's simple. If you want to film a fan film in a store, ask the manager. They will happily tell you what the store or retail chains policy on such things is, and who you have to contact to gain legit permission. I can't speak for Canada or outside the US, but in the US you can film the outside public facing of a store without too much problem, at least from a reasonable distance. So you can film the outside of a Walmart. I would however use caution, and certainly not film the stores in a Mall without permission. Mall operators and local Law Enforcement tend to frown upon such things as they are always fearful of someone casing terrorist or robbery targets.

[davee123]

In particular the FBI doesn't tend to patrol malls in Canada. They are kind of funny that way.

Sounds like he's talking about the Ontario Mills mall, which is near Los Angeles, California. Now, I wouldn't think the FBI would be particularly concerned about it, regardless, but it DOES have some potential relevance since there's a lot of special attention paid to laws regarding filming in the general LA area. Could the FBI be paying some special attention in the area? I guess it's... possible. I'm not sure what JeagerEX is talking about, though.

DaveE

[LEGO Historian]

I would also be careful about taking YOUR OWN LEGO into a LEGO retailer... You better have that pre-approved as well, or keep an itemized list...

Edited October 12, 2012 by LEGO Historian

[hrontos]

From The LEGO Group point of view it does no matter if you make such film at home or at store or some public place. You cannot use it to advertise anything nor create any association between LEGO and any product or service. See playfair policy on LEGO website for more info.

The difference between at home and at store can be from store point of view. This means that as other suggested you should ask the store for permission. They may ask you to avoid showing they store logo or any associated items to prevent assiciation between your movie and the store. You should get permission also from people that may appear in your movie. Filming kids may be esppecially prohibited.

[LEGO Historian]

From The LEGO Group point of view it does no matter if you make such film at home or at store or some public place. You cannot use it to advertise anything nor create any association between LEGO and any product or service. See playfair policy on LEGO website for more info.

The difference between at home and at store can be from store point of view. This means that as other suggested you should ask the store for permission. They may ask you to avoid showing they store logo or any associated items to prevent assiciation between your movie and the store. You should get permission also from people that may appear in your movie. Filming kids may be esppecially prohibited.

Good point.... when I created my 2,800 page UNOFFICIAL collectors guide, I had to use that word... UNOFFICIAL... per TLG... since it was privately produced, and not a LEGO sanctioned item (although their Archives folks are very happy with me, since I found items that they were not aware of! :) )

[dr_spock]

Get everything in writing. Keep release forms of any persons you may have recorded. Do your due deligence and protect yourself from any future legal action.

Good luck and have fun.

[Faefrost]

Oh! And do not use any actual Lego logos anywhere. (The red quarter with white Lego lettering). TLG is very specific about its uses. Even box art mock ups on CuuSoo have to have it removed.