The Cellar - The Parsons vs McDonald's

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The Parsons vs McDonald's

Quote:

With its distinctive colour scheme and elegant masts, the boat resting on the scenic sandflats of the west Cumbrian coast made a beautiful opening shot for a television advert. But the promotion was made for the fast food giant McDonald's, and the owners of the Badger, a 34ft junk-rigged sailing dory moored near their home, were less than happy at their boat being used to promote a restaurant they "have never set foot inside and are not likely to".
Now, in a remarkable victory, the retired couple from Cumbria have won their fight to have the advert removed from TV screens and re-edited – minus the boat – at the company's expense.

"Remarkable victory" is rather strong, since they asked McDonald's to not use their boat, and McDonald's complied telling the ad company to reedit the film and will go back on the air in December.

Quote:

"It is our efforts and time and hard work that have made her look as good as she does and we didn't want all that to be used to advertise their product; it didn't seem fair."

Much to my amazement, I find myself siding with McDonald's. It's a boat, it's part of the scenery. If they shot film at the mall and my car was in the parking lot, would I have the right to bitch? I don't think so, if it's not on my private property. As much as I dislike McDonald's, I have to commend them for quietly pulling the ad, when I think the Parsons don't have a legal leg to stand on. Sure, public relations is paramount, but McDonalds could have jerked them around with lawyers sending polite letters back and forth for weeks.

This is the deleted shot which appears at about 15 seconds.
http://cellar.org/2010/Badger_the_boat.jpg

This is "the "weather advert" – an award-winning short film shot in Derbyshire and Cumbria that claims to show that the fast food chain uses produce from British farms."

link

Given McDonald's litigious history in the UK, I'd have felt the same.

In 1996 they forced McMunchies in Bucks to change their name. The Scottish owner had a sign featuring a Scottish thistle and the flag of St Andrew - no golden arches, no hamburger patties.

Not to mention the McLibel trial.

Mc is now trademarked?
Hardly.

I'm not saying they were in the wrong this time, but given you are not allowed to film on their premises I can't help thinking they reaped what they sowed.

Dear owners - STFU.
Thank you.

According to my understanding of copyright law you must have a model relese to use likenesses of people. I need to know who took the picture and do the have likeness protection for the boat image.

I'm not sure about British law, but over here, if something is plainly visible from a public place, it may be photographed. However, if it is used commercially, a release must be obtained from the property owner/subject. McDonald's could defend the clip saying that they were showing footage of the area/seacoast, not the boat in particular, as they were not shooting close views of the boat. It's good PR to re-edit the clip, although they probably didn't have to. (Please note - I'm not defending McDs, I'm a Five Guys / In 'N Out burger guy.)

I'd hate to think how difficult it would be to shoot a commercial, or movie, along a public street, if they had to get a release for every vehicle and building that shows up on film. Hey wait, Isn't Google Earth commercial purposes?

You can request to have something removed from Google Streetview if you want. I imagine it's the same with Google Earth.

Sure, but is that a legal or public relations compliance?

Well according to the Parsons ruling, it's a legal compliance. :) But yeah, I figure for Google it was a combination of good PR and not wanting to test the legal waters.

Quote:

Originally Posted by nowhereman (Post 694490)

(Please note - I'm not defending McDs, I'm a Five Guys / In 'N Out burger guy.)

It it only me who can see the eyes and the slavering, gaping mouth with scary tongue and the reaching, cheesy tentacle/arm in that borg-burger?

It does look like that weird face that Flint posted the other day.

That face gives me the fear.

Very funny HM, That belongs in the bacon thread too.

Bacon doesn't come from the skin, that's pork rinds.

Quote:

Originally Posted by xoxoxoBruce (Post 696132)

pork rinds.

Dreamy :dunce:

Yummy, spicy hot pork rinds.

Ur eatin footballs. :yelsick: