TV Playing in Background?

[Darrell Hinton]

This may have been asked before but I did a search for it and couldn't find anything. I am currently finishing up a script for a film I will begin shooting in a few months and there is a scene where my central character is sitting in his living room watching TV. I was just wondering how i should go about this, legally. I do not plan on showing the actual picture of the tv screen because what show he is watching is of no relevance. I do, however, want the sound of the playing TV in the background of the scene. There will be conversation over it in most parts. Would it be alright if i only shot the different segments of the scene over parts of the TV program that did not mention character's names or easily recognizable lines from TV shows? Or do I need to play it safe and just record some of my friends voices talking to make it sound like a TV show? Any advice would be appreciated. Thanks.

[Paul Tauger]

Do a search on "incidental reproduction" -- I've discussed this before. The short version is this: don't use protecte expression that belongs to others without permission, or you run the risk of copyright and/or trademark infringement.

[Darrell Hinton]

Thanks Paul, you have been very helpful, as always.

[Paul Tauger]

Oh, and one other point (I wrote my reply early this morning and wasn't really awake yet ;) ):

Most states have commercial appropriation of likeness statutes that could preclude commercial use of not only the image of a person, but their voice as well.

[K. Forman]

Try taking something you have done in the past, whether it is a short or a music video, and run it through the vcr. I plan on making fake newscasts, and playing them through the vcr for those types of scenes.

[Darrell Hinton]

Thanks again guys.