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Creative Lawyers for Creative Business

January 2003

Can Sony "Getaway" from a BT shootout?


Following the recent release of the already best-selling Playstation2 game "Getaway" British Telecom have voiced their discontent about the use of a BT engineers suit as a disguise for a gun-toting gangster. The game has achieved instant fame for its impressive graphics and life-like representation of Central London where the game is set as well as carrying an 18 certificate due to the level of violence.

Dependant on how the individual player proceeds, it is possible to steal a BT van, don the uniform then shoot and kill police officers. BT seem to be concerned over any effect to their image and also the possibility of attacks on their staff.

It doesn't look as though this will escalate into a full scale court battle as Sony have apparently considered these concerns and already agreed to remove the relevant scene when they re-press the game and new copies should be appearing on the shelves any day now. This won't make any difference for the 250,000 copies that have already been bought or distributed carrying the BT logo.

BRIFFA comment:
Product placement and secondary advertising have been an inherent part of both the film industry and more recently the games industry for some time now, however it is becoming ever apparent that there is a fine line between using a companies image legitimately and using it in a way that the intellectual property owner might find offensive.

Always consider who is likely to own images and logos and whether you ought to be seeking any consent before proceeding. Whilst the costs of failing to do this seem like a drop in the ocean to Sony, the effects can weigh heavily on a smaller operator.

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