CLEARANCE TOOLKIT > FRAMEWORKS

Deciding between Fictional and Real Brands

in Film & TV Productions

Television is deep into “authenticity” right now. The current zeitgeist is for stories that feel grounded, believable, and anchored in the real world. Whether that aligns with your preferences or not, if you're working on production the expectation is pretty clear: directors and production designers want reality - or at least the illusion of it.

Which usually means real brands.

Sometimes using the real thing makes sense but a lot of the time it will cause more headaches than it's worth - especially when the context or characters may be too risky, your timeline to turn it around is too short or the budget might not stretch far enough to buy that real high end thing

In those situations, you're going to need to infer with something generic or create something fictional that feels authentic but doesn't cross the legal lines for "passing off" or copyright infringement. If the vendor hasn't been contacted and isn't aware of your show then you have more freedom. The key is understanding your options before you act. Once you have contacted the vendor or copyright owner then your options are reduced

Crossing that Line of Anonymity

Once you cross the line and make contact with a brand, vendor, or rights holder, you can’t “untell” them about your production. From that point on, you’re no longer operating independently - you’re tied into their preferences, conditions, timelines, and approvals.

That single email can fundamentally change your path forward so make sure you're certain it's the best thing to do before you send it. You risk limiting your creative flexibility, wasting valuable production time, and frustrating people who are already inundated with requests.

The best plan?

Pause. Take a breath. Then work through your constraints and your options

It's always handy to ask scripts and the production team what can change. Does this particular context need to be quite so risky? Does she need to throw the phone? Could he be smoking a cigarette rather than marijuana in a vape? Would the writers be ok with a fictional beer brand? Could a blue square imply “GAP” without being explicit? What can be changed / tweaked / smoothed out / pushed back. Often things are written in the script as a short hand rather than absolute and a quick conversation can "unstick" a problem. That’s half the battle with clearances: figuring out what the right question to ask is before you begin researching, requesting, or reaching out.

Get that right, and you save yourself time, stress, frustration, and hours of lost effort.

In Summary

Television’s push for authenticity has made real-world brands more visible (and more complicated) than ever. While real brands can really make your story world look authentic, it isn’t always possible. Budget, context, timing, and legal considerations all play a role, and once you contact a rights holder, you can’t undo that step. Sometimes clearances need strategy more than speed. Understanding your options and figuring out the right question to answer first will save time and stress in the long run.