Apple wont let bad guys use iPhones in movies, director says
cnbc.com
cnbc.com
Here are screens from two recent movies where villainous characters use iPhones:
https://productplacementblog.com/movies/apple-iphone-smartph...
https://productplacementblog.com/movies/apple-iphone-4s-smar...
edit: barrkel posts a comment that links and explains the Trademark law around this. search for it and upvote!
But you don't need permission to say or use trademarks in a movie. Josie and the Pussycats is a famous example: they used a ton of trademarks to make it look like product placement, where in reality they weren't paid for all of the trademarks they used (nor did any of the named brands complain):
https://en.wikipedia.org/wiki/Josie_and_the_Pussycats_(film)...
https://rodriqueslaw.com/blog/how-use-brands-and-products-fi...
It references some of the existing caselaw. My reading suggests Apple would be very unlikely to succeed in court if they legally challenged a filmmaker for simply giving an iPhone to a villainous character.
>Boss: It looks serious. Those guys are using Macs.
>Technerd: No worries. Macs are second rate systems. A bit slow. A bit inflexible. We'll not have any problems getting control of their systems and out maneuvering the kiddiez.
Bond rapes Pussy Galore and he's such a man that she falls for him and joins his side.
Actual rape.
On a slight tangent, in my opinion, the best recent representation of phones and villians, was is in the now cancelled show: Ray Donovan; you can spot everything from old school fliphones, Blackberry's, Lumia, iPhones et al. in it's seven series trajectory. Furthermore, somebody on that show is also a watch-nut and likes cars!
You could just use Apple devices and pay for them, and then Apple would have no say.
My theory, too, is easily falsifiable -- check whether the movies you linked have "promotional consideration provided by" lists that include Apple.
The idea is that most producers want to get paid for using the products in the movie, or want to at least get free products.
99% of the people in the station, including the talent, had no idea. They assumed it was an IT department decision. I'm not sure where the idea came from, but it was told to me by the #2 person in the station.
There was a lot of attentiveness to phones as class signifiers throughout the movie though. The maid's phone has a broken screen, for instance, and she uses an Android. Meanwhile all the rich people have the newest model iPhones in immaculate condition without cases.
I suspect Apple includes this limitation in their contracts.
If anyone is curious about some of the details https://www.youtube.com/watch?v=NNuGdv536mM (starts around 2min in)
Not sure if it's "paid" product placement or just part of the contract for being on AppleTV+, but it can't be a coincidence.
In Mythic Quest, there's a scene where you can see some iOS code on one of the screens. (Which wouldn't be that odd for a MMORPG game, except that it's code for controlling the camera.)
e.g. BMW occasionally sponsors their vehicle to be in a premium film (e.g. Mission Impossible), often doing in-kind marketing agreements. Yet there are many films where BMW vehicles appear with no sponsorship whatsoever because it's logically a good candidate for the car in the situation/conveys the right image. Ford Crown Vics were every film cop car despite Ford's lack of involvement with that. And iPhones appear in a lot of situations where the most likely real-world phone would be an iPhone.
And to dispute a common misnomer, it is entirely within fair use to show brand logos presuming you aren't maligning the product in some way. There is absolutely nothing stopping you from showing a villain with an iPhone presuming you don't pretend the phone is a bomb or something, beyond Apple objecting to giving you free products.
So why do films/shows sometimes occlude the brand? Usually because someone else paid them to show their brand and they don't want brand confusion.
As an aside, elsewhere someone mentioned a show saying "promotional considerations provided by Apple". That specifically means free product, and excludes monetary sponsorship.
https://www.youtube.com/watch?v=kXFsXnklOhY (28 second mark)
It might not be paid in all cases, but I've seen it in a few shows.
It has been reported by people in the business -- quite a few times -- that Apple does not pay for movie or television appearances. At least not directly. Instead they provide hardware for free to be utilized for placements, at least if they're good with the content of the show and format of the placement.
"Apple products do not appear on screen by accident."
If your movie or show is about American upper middle class teens, they're probably going to have iPhones. Apple doesn't need to pay for that to be true, though competitors need to pay for that to not be true.
I mean, tonnes of times you see Apple hardware and the show goes out of its way to occlude that fact (e.g. the MBP with the Apple logo covered). There just happens to be a lot of Apple stuff in the business, and it's what people are comfortable with.
Barter is still a form of payment and all of this screen placement occurs under contract and marketing direction from Apple. I still view that as paid product placement, which is different than if the production included Apple products without any contract or guidance from Apple.
"all of this screen placement occurs under contract and marketing direction from Apple"
Your link seems to go to efforts to state the opposite. Yes Apple has a liaison and yes they work with productions, but compared to the industry this is absolutely tepid.
So to contrast it, when you see HP or Sony or other such products, 100% of the time those companies paid a six figure+ sum and provided hardware for free. When you see Apple, the going case seems to be that you can negotiate free hardware if you want, but that's it.
They aren't picking Apple to save a few thousand dollars on props. In most cases they're trying to grab a little bit of that halo themselves.
Its look hilarious when you crashed into a wall at 120mph and drove off with just a scratch on the paint and a bit of windshield damage
There's a whole product placement sales team that monetises brands who like to see their products being handled by the good guy. Hero saves the world with 0.3 seconds left on his shining Galaxy S20, maker logo in prominence.
Piss that brand off? You might not see revenue from them for a couple of seasons. Or ever. Oh dear.
There is also logo and other IP/copyright enforcement. Why is made-up-spy-agency's logo over the Apple logo on what's obviously a three generation old MacBook? Because somebody didn't have the budget to factor it in.
In a lot of cities you can't even include buildings in b roll without legal clearance.
It's fascinating when you dig in, the amount of payola for this kind of thing is really interesting (and thinking how to monetise it…).
I'm all too willing to believe this, but Wikipedia doesn't know of anyone getting in trouble but the NRA: https://en.wikipedia.org/wiki/Cloud_Gate#In_popular_culture . (Not that it's OK if only one group is subject to onerous restrictions, or that other groups couldn't be targeted, or if others have just been pre-emptively stopped from even trying.) Do you have a reference?
https://www.sculpture.org/documents/scmag05/may_05/webspecs/...
https://en.wikipedia.org/wiki/Atomium#Worldwide_copyright_cl...
I recall that for an organization devoted to counter-terrorism, they seemed to have a policy of only hiring undercover terrorists.
So, realistic?
I assume companies can say, no random director you cannot use a Microsoft Surface to nuke the world.
There must be something about it showcasing a product in a negative light.
But if you use a iPhone to hack the matrix and bring down the Italian government. Someone somewhere is going to assume iPhone is better at being "bad" than other phones. Regardless how true it is.
Apple is attempting to prevent their phone from being used to do bad stuff.
Trademark owners may object to the use of their trademarks in fictional films or other media productions without their consent, and seek to enjoin such uses by filing a trademark infringement action under section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)), unfair competition in violation of the common law of New York, under the Federal Trademark Dilution Act ("FTDA"), and dilution of trademark in violation of New York's anti-dilution statute (section 368-d of the New York General Business Law).
The cited paragraph would be true of a movie like Harold and Kumar go to White Castle because the brand name is part of the title of the movie and the brand plays a major part of the story.
But it wouldn't apply to an incidental use of a branded product in a production, i.e., a car chase scene whether the brand of the car or vehicle-specific features are irrelevant.
A show/movie/series is in the process of being financed and you have sales teams going around to Media Agencies and/or direct to brands (usually media agencies are the first contact) and they pitch the show with the available placements for product placement.
Cars, clothes, drinks, food, shampoo, you name it - everything that's on screen it's sold.
If it's not sold it's unbranded, even if you recognize the product by it's shape, the logo can't show.
So basically what happened so far is that the sales team approaches Apple Media Agency or Apple directly and pitch them the movies/shows and the characters with enough relevance/screen on time, and ask if they want to place their product with that character.
Probably it's even a guideline nowadays that the agency account manager doesn't even let villains, crooks, etc placements even reach Apple brand management because they know the brand guidelines to not be associated with "Evil Characters".
After some time they don't even pitch those placements to them because they know it's a direct "No".
If it's a yes then there's a series of meetings to show the script/story board where the product is actually placed and shown, and some brands even have a say over the directors in some shots.
In some sets there are usually brand representatives with the respective media agency contact.
No idea if it's like this on Hollywood, but should be something in these lines.
* https://news.ycombinator.com/item?id=22427546
* https://news.ycombinator.com/item?id=22430397
* https://news.ycombinator.com/item?id=22431243
* https://news.ycombinator.com/item?id=22426385
* https://news.ycombinator.com/item?id=22425435
By that I mean it will act as a spoiler - see a charter without an iPhone and you can presume that they are a bad guy/gal and with that spoil a plot twist later on. Equally, if they do have one, you know that they are a good guy/gal till the end!
The bad guy's computer can't be a Mac (Apple objects) or Windows (Microsoft objects) so it is Linux.
To type up the evil manifesto, they can't use Google Docs (Google objects) or Microsoft Office (Microsoft objects) so they use Open Office.
To find directions to their target, they can't use Google Maps (Google objects) or Apple Maps (Apple objects) so they use Open Street Maps.
To chat with their evil buddies, they can't use Messages (Apple objects) or WhatsApp(Facebook objects) so they use Matrix.
Basically, in the movies of the future, the bad people will all be using open software/hardware.
Anyways, Open Office still exists, it is now owned by Apache. But yes, Libre Office mostly took over.
Zber vzcbegnagyl, va "Xavirf bhg" gur thl riraghnyyl qvfpbirerq gb or gur ivyynva vf gur bayl bar jub bcrayl ershfrf gb gnyx gb gur cbyvpr jura rirel bgure cynhfvoyr zheqre fhfcrpg qbrf fb rntreyl naq nyfb unf n pybfrhc fubg bs uvf cubar jura rznvyvat na rkgbegvba yrggre sebz n cebgbaznvy nqqerff.
Apple is defending themselves against the same thing happening to them again.
Literally everybody does this. Even the US armed forces do this [1] eg:
> A study of the internal correspondence shows that the script changes the DoD requests fall into three categories: accuracy (historical and technical), behavior of individual serviceman, and overall image of the military.
[1]: https://preserve.lehigh.edu/cgi/viewcontent.cgi?article=2328...
^This is a joke and not commentary on whether encryption backdoors should exist
You could give a bad guy an iPhone for $1000, but you might rather have Motorola pay you to use their phone instead.
If a character tastes sauce X, and sauce X's logo is displayed prominently, and the character shows disgust for sauce X, it could be misrepresentation of the product. Look at it the other way around, as anti-advertising: what would stop competitors buying negative coverage, negative placement if you will, against the trademark?
EDIT: Here’s some research on how lobbying works in Hollywood: