Laws and Regulations For Product Placement in Films on Use

If you’re even remotely aware of influencer marketing which takes place regularly on social media and in other areas of our day to day interactions, then you’ve probably faced a situation in which product placements have impacted the way you feel about a particular brand or item. And although there are fewer instances in which the placement of products in influencer social media videos are legally negotiated, when it comes to television and film, the idea of the laws and regulations for product placement in films on use is a subject that has been prominent for many years. 

In fact, there are some strict guidelines that must be followed in regards to ensuring you’re not breaking any laws and regulations for production placement in films when it comes to the use of a particular item.

If you thought you could just use any product in your film and that it would be okay, think again!

Whether you’re producing a feature film, or a short documentary, or any other kind of commercial video, the placement of products in your films can play a key role in your need to negotiate exactly where, when and how products are displayed.

The Basics on Product Placement in Films

Essentially, if you’re going to include branded products in your film, you’re going to need an agreement to do so.

This represents a legal contract that allows you to mention products, display products, or otherwise represent products in your filmmaking.

Before you consider communicating the key departments responsible, you’re going to need to plan out:

• What product will be mentioned or seen in the film.
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• When and how it will be mentioned or seen in the film.
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• What exactly will be stated about the product or how it will be shown.
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• The duration of the film that the product placement will be included in.
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• Whether or not there will be close-ups of the product and what other details might be included.
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• How any crediting will be provided for the company that is paying for the product placement in the film.
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• Details on payments that will be remitted for the product placement.

FCC and Full Disclosure

The Federal Communication Commission (FCC) regulates films that are broadcast via television, cable and satellite. They also have certain laws and regulations for product placement in films.

On use of a product placement in a film, the FCC requires that if any money or compensation is considered for the airing of the program material, then there must be steps taken to fully disclose the product placement.

As well as who provided or promised to provide the consideration of the material.

Make Note

Keep in mind though, that the FCC rules to not apply to feature films that are aired in a theater.

Movies are not represented by the same product placement laws that are represented for broadcast television shows. These require disclosure that an advertiser paid for the product to appear in the film.

Therefore, laws and regulations for product placement in films, on use of certain products, are not as stringent nor as regulated for movies as they are for television.