Cinema Law: Location Permission

By Gregory Korn
URL: http://www.moviemaker.com/blog/item/cinema_law_location_permissions_20090921/
Q: The trailer for my first film was recently posted online. A brief scene in the movie (which also appears in the trailer) was filmed at a local restaurant parking lot, which I never asked permission to use. Now, the restaurant’s owner, who had no knowledge of the film prior to the trailer's release, says he'll sue me unless the restaurant receives some sort of compensation. Does he have a case?

A: It appears that the restaurant owner believes that he has the right to compensation because his property and perhaps the trademarked name of his restaurant appear in your film. In all likelihood, that claim would fail. Obviously, a property owner has no right to compensation merely because his parking lot appears on screen. Imagine if a moviemaker filming in Times Square needed a license from every building, restaurant and store owner? This is untenable and not the law.