The Legal Side of Product Placement in Film and Television Shows

Jun 26, 2025 | Law Student Blog,

By Olivia Miller, Southern Illinois University Simmons Law School, Juris Doctor Candidate, 2027

From Reese’s Pieces in E.T. to Pepsi in Wayne’s World, product placement in films and television shows has had a long-lasting impact on American culture and consumerism. According to a study conducted by BENlabs, 75% of U.S. consumers searched for a product online after seeing it in a film or television show. Additionally, 57% of those consumers purchased the product after searching for it. Since the early 20th century, product placement has remained a highly effective marketing tactic. In 2022, product placement in Hollywood was reported by The New York Times to be a $23 billion industry. But what exactly is product placement, how does it work, and what are the legal guidelines for including products in film and television shows?

What is product placement?

Product placement is a creative and organic marketing strategy utilized by companies that pay studios or independent filmmakers to advertise their product(s) in films and television shows. Other popular examples of product placement include Etch-A-Sketch in Toy Story, Barbasol in Jurassic Park, and Twinkies in Zombieland. Product placement is often said to be one of the most subtle, yet effective ways of marketing. Brands, instead of purchasing multi-million-dollar advertisements that can interrupt cable and/or streaming viewership, pay studios or filmmakers to organically place their products (or even service identifiers) in the hands of prop masters for upcoming projects.

How does product placement work?

In a nutshell, through networking and negotiation, a binding licensing agreement is created that allows product(s) to legally be featured in movies and television shows. When deciding whether product placement in a film or television show is suitable, production companies or independent filmmakers often look at the authenticity of the product placement, whether the product placement will invoke an emotional response in viewers, and if the product fits into an already existing script (or can be written into the script). It’s safe to say that product placement, especially on the studio and filmmaker’s side, is an artform that involves careful thought and creativity. However, it also requires collaboration with brands (and often attorneys) to come to an agreement that outlines the licensing parameters of the product placement.

What are some legal guidelines for including products in films and television shows?

#1: Getting permission from the brand to place the product(s) in the film or television show. The first step in getting permission from an entity to place its branded product(s) in a film or television show is determining whether it is protected by law. Trademark rights can last forever if use in commerce continues to be made but copyright rights in a creative work eventually expire, in which case by law they are in the public domain. This means that the public effectively owns the work, and anyone can use it without obtaining permission.

It is always best to initially assume that a trademark or creative work is protected by law. The three main types of protections are patent law, trademark law, and copyright law. An invention is protected by (utility) patent law where a valid patent has been granted for its novel, useful, and non-obvious features. Protection for a trademark such as a name, logo, or other distinctive branding is established through use or registration, with federal registration offering nationwide protection and legal advantages.  Copyright law provides legal protection in connection with a product where original expression, such as packaging design, qualifies.

The next step in getting permission is identifying the owner of the product. The easiest place to start in the identification process is Google. To find out more specific details about who owns the rights in connection with certain products, the United States Patent and Trademark Office and the U.S. Copyright Office both have free online search engines to discover the identities of rights holder(s).

Lastly, once identified, it’s time to decide whether to reach out to the rights holder(s) for permission to use their branded product in a film or TV series. (Comment: You may wish to talk briefly about fair use here, e.g., if the film or TV show in question could be considered an expose of a company, in which case the brand owner would never realistically approve a negative reference, the law may still protect the unapproved brand use in question.) A common form of asking for permission occurs where studios or filmmakers submit a product placement proposal to brands, which is a detailed pitch of how a product would be featured in a film or television show. This is also the time to discuss with a brand what type of license the studio or filmmaker would like to be granted to use the branded product. There are a few licensing options that are typical in product placement agreements, including a one-shot license, promotional license, or an exclusive placement license.

#2: Avoid depicting a brand’s product in an unagreed upon manner.

A product placement agreement is usually an enforceable contract, and once it has been made between a studio or filmmaker and a brand, it is important to ensure production of the film or television show follows the terms set out in the agreement. This is sometimes referred to as “maintaining legal clearance.” For example, if a studio makes an agreement with a soda brand to only display their drink product in a certain scene of a film or only be held in the hands of a certain actor, the production of that film should follow that agreement’s stipulations.

#3: If a brand says no to a product placement proposal, be prepared to move in a different direction.

Product placement can take months to research, pitch and finalize. It is important to factor in enough time to reach an agreement with brands when creating your production timeline. If a brand does not agree to a product placement proposal, be prepared to use a different approved brand, a fictional brand or generic name in its place. Using an identified brand’s product without permission can have severe legal consequences, especially if a written contract is in place.

For example, Four Seasons Hotel and Resorts created a global brand partnership with HBO Max’s widely successful television show The White Lotus. The partnership has built one of the largest audiences in Max’s history, increasing tourism in places such as Thailand, Hawaii and Sicily—all areas where the show has been filmed. According to the BBC, The Four Seasons on Maui experienced a 425% increase in website visits and a 386% increase in availability checks during the first season of The White Lotus.

However, despite Max’s successful product placement deal with Four Seasons, a recent trademark flap with Duke University caught the company off guard. While no formal legal action has yet taken place, a recent article in Variety reports that a Season Three episode of The White Lotus featured actor Jason Isaacs wearing a Duke University t-shirt. After the episode aired, the New York Times was contacted by Duke University’s Vice President of Communications, Marketing and Public Affairs, Frank Tramble. Tramble said in an email to The New York Times that Duke did not approve of the use of its “marks” in the program—referring to Isaacs wearing the Duke shirt. The White Lotus is best known for its dramatic, explicit and, at times, controversial storylines. With this in mind, Tramble further stated that while, “Duke appreciates artistic expression and creative storytelling. . . characters’ prominently wearing apparel bearing Duke’s federally registered trademarks creates confusion and mistakenly suggests an endorsement or affiliation where none exists.” Tramble added that the show “not only uses our brand without permission, but in our view uses it on imagery that is troubling, does not reflect our values or who we are, and simply goes too far.”

Again, while no formal legal action has yet been taken, Max’s unpermitted use of Duke University’s logo in The White Lotus is a great example of why obtaining legal clearance for product placement could be essential to avoiding potential legal issues.

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