The Parsons vs McDonald's

xoxoxoBruce · 11-15-2010, 09:33 AM

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.

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

Sundae · 11-15-2010, 09:39 AM

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.

classicman · 11-15-2010, 09:45 AM

Dear owners - STFU.
Thank you.

toranokaze · 11-15-2010, 02:40 PM

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.

nowhereman · 11-16-2010, 07:58 AM

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.)

xoxoxoBruce · 11-16-2010, 09:43 AM

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?

Clodfobble · 11-16-2010, 03:10 PM

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

xoxoxoBruce · 11-16-2010, 03:46 PM

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

Clodfobble · 11-16-2010, 04:45 PM

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.

xoxoxoBruce · 11-17-2010, 05:33 AM

Quote:

Originally Posted by nowhereman

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

monster · 11-20-2010, 07:52 PM

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?

footfootfoot · 11-20-2010, 08:00 PM

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

Happy Monkey · 11-23-2010, 10:24 AM

Troll Physics...

Sundae · 11-23-2010, 10:37 AM

That face gives me the fear.

classicman · 11-23-2010, 12:14 PM

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

11-15-2010, 09:39 AM	#2
Sundae polaroid of perfection Join Date: Sep 2005 Location: West Yorkshire Posts: 24,185	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. Last edited by Sundae; 11-15-2010 at 10:01 AM. Reason: More accurate detail re litigation

11-15-2010, 09:45 AM	#3
classicman barely disguised asshole, keeper of all that is holy. Join Date: Nov 2007 Posts: 23,401	Dear owners - STFU. Thank you. __________________ "like strapping a pillow on a bull in a china shop" Bullitt

11-15-2010, 02:40 PM	#4
toranokaze I'm still a jerk Join Date: Oct 2007 Location: Little Mexico Posts: 1,817	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. __________________ "Without deviation from the norm progress is not possible." - Frank Zappa It is the ignorance of ignorance that lead to the death of knowledge The Virgin Mary does not weep for her son, for he is in paradise. She weeps for the world , for we are in suffering.

11-16-2010, 07:58 AM	#5
nowhereman sliding down the razor blade of life Join Date: Jan 2007 Location: just over the edge Posts: 228	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.) Last edited by nowhereman; 11-16-2010 at 08:00 AM. Reason: brain fart

11-16-2010, 09:43 AM	#6
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	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? __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

11-16-2010, 03:10 PM	#7
Clodfobble UNDER CONDITIONAL MITIGATION Join Date: Mar 2004 Location: Austin, TX Posts: 20,012	You can request to have something removed from Google Streetview if you want. I imagine it's the same with Google Earth. __________________ My book My other book My spirit animal

11-16-2010, 03:46 PM	#8
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	Sure, but is that a legal or public relations compliance? __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

11-16-2010, 04:45 PM	#9
Clodfobble UNDER CONDITIONAL MITIGATION Join Date: Mar 2004 Location: Austin, TX Posts: 20,012	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. __________________ My book My other book My spirit animal

11-20-2010, 07:52 PM	#11
monster I hear them call the tide Join Date: Dec 2005 Location: Perpetual Chaos Posts: 30,852	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? __________________ The most difficult thing is the decision to act, the rest is merely tenacity Amelia Earhart

11-20-2010, 08:00 PM	#12
footfootfoot To shreds, you say? Join Date: Aug 2004 Location: in the house and on the street-how many, many feet we meet! Posts: 18,449	It does look like that weird face that Flint posted the other day. __________________ The internet is a hateful stew of vomit you can never take completely seriously. - Her Fobs

11-23-2010, 10:24 AM	#13
Happy Monkey I think this line's mostly filler. Join Date: Jan 2003 Location: DC Posts: 13,575	Troll Physics... __________________ _________________ \|...............\| We live in the nick of times. \| Len 17, Wid 3 \| \|_______________\| [pics]

11-23-2010, 10:37 AM	#14
Sundae polaroid of perfection Join Date: Sep 2005 Location: West Yorkshire Posts: 24,185	That face gives me the fear.

11-23-2010, 12:14 PM	#15
classicman barely disguised asshole, keeper of all that is holy. Join Date: Nov 2007 Posts: 23,401	Very funny HM, That belongs in the bacon thread too. __________________ "like strapping a pillow on a bull in a china shop" Bullitt

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