When 3500+ brands unofficially (and unknowingly) sponsored the film LOGORAMA to win an Oscar!

In 2009, the French Animation studios H5, and Autour de Minuit produced a star-studded short film, LOGORAMA about a criminal being car chased by the entire police department of a city, only for it to end in shocking nature catastrophes. The catch here is that the entire city, the roads, the transportation, the people, the buildings, and the vehicles, are all laden with logos, brand images, and mascots.

The film was directed by Ludovic Houplain, Fran?ois Alaux, and Hervé de Crécy. And has gone on to win both the Prix Kodak at the 2009 Cannes Film Festival and the Academy Award for Best Animated Short Film at the 82nd Academy Awards in 2010.

The Film raises perfect moot questions about the use of Intellectual Properties Rights and the concept of Fair Use in Trademarks. It uses more than 3500+ logos without authorization from its legal owners or any sort of license.

To understand the process of how the casting was done for the Film and the Legal issues encountered by the team, I interviewed the Co-Director of the Film, Ludovic Houplain, and have managed to secure, both a written and a video interview. The link to the video interview: https://youtu.be/hcRCQ1w5amA

So, let’s dig in!

I recommend you WATCH the following works before:

1.????Logorama Short Film: https://youtu.be/zAKopCwGlcc

2.????My Generation: https://youtu.be/CeGcVYHveVM

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Q. H5 has worked on some amazing projects like LOGORAMA and My Generation, all in the fields of creative ideologies. Please walk me down the creative process (how did you come up with this idea, what is the message that you wish to convey to the viewers, and how non-human characters were casted)?

A. The creative process is quite simple, we start from a concept (between image and meaning). A good concept is based on an adequate image, and not the opposite. This is what we have always done for our music video. Content before design. Then we choose the best cast, like a real movie, for characters, set design, vehicles...

For example, the Michelin Men in Logorama look like donuts, and cops on patrol always eat donuts. Ronald McDonald looks like "Joker" in Batman, a potential psychopath... Always associations of ideas from the pop culture.

Q. While casting logos and mascots, how important was the real-life public image or brand of the following logos or mascots. If you can give an example, that would really help to understand why some logos played a much more significant role than others. ?In an extension to this, H5 works with a lot of brands and how do you think brand shapes behaviors and create narratives like the one that you relied on for your movie?

A. Indeed, we started from an assumption that Logorama is a screenshot at an X moment of the consumer society. In my opinion, we did as Andy Warhol did: to pick the most famous and the most adequate logotype for their function. We tried to remove any emotional aspect. Just facts. After that, it was quite simple to choose because there are very few character logos, and the few character logos are male. They represent well our patriarchal and misogynistic society.

Pringles for example. A chips brand with different tastes, therefore different characters. Not having a body, we put them at a table at Pizza Hut. They represent junk food, so for us, they were simple and unrefined. Hence their heavy and macho appearance. Especially with the waitress, with whom they have very inappropriate behavior. At the end of the day, they die.

Q. Most logos that we see in the movie are a huge part of the American culture and of course, have a global presence too. And I understand that H5 is based out of France and in such a case, how sure were you and your team about relying on an international cultural team for the script and the casting, and in all the whole narrative that they set through for you?

A. There are mostly US logos because they represent 90% of the most known brands. We tried to bring in South American brands, Chinese brands... etc... but they are known locally, not globally. The idea was to make a "Pop" film, in the sense of Pop Culture, so to use the most emblematical brands, especially considering the end which is a clear criticism of overconsumption and globalization.

For Logorama, everything has been conceived in France with a French team, however, we’ve collaborated with an American dialogue writer, because American is not our mother tongue, and we don't have enough linguistic subtlety. Anyway, we are used to working internationally on both films and music videos. In the early 2000s, we’ve been represented by RSA in the USA and UK, and today by Partizan.

Q. In Intellectual Property Rights, there is a general saying that an artist holds an almost familial bond with their creation. Do you feel that too? If yes, in the case of LOGORAMA, don’t you feel a lag because you are sharing this bond with thousands of other creators. In other words, does building something creative on someone else’s work, impact your relationship with your own work?

A. Being quite conceptual, I'm quite detached from the works I realize once they’re finished. They live their life, and they don’t concern me anymore as I've moved on with something else. I like the idea that the most interesting project is the next one.

Personally, these logotypes are part of popular culture, like comics with Roy Liechtenstein, or photography with Andy Warhol. So, I see Logorama as an extension of the work of these "creators", nothing more and nothing less. I used these logotypes as others use paint, or cars (César and compressed cars for example). For me, these logotypes were raw materials.

Q. I understand that some secondary or dormant characters had little to no resemblance to their real-life perception by the consumers, but some main characters depicted were very well thought of, keeping in mind the way the logo or the mascot is perceived by the public. For example, the Big Boy (mascot of a boy playing the role of a schoolboy), the Michelin Men (strength as a trait for the policemen), and Esso Girl (for physical attributes?). But the question here is about Ronald Mcdonald in the negative role, why him? Does it draw influence from movies where clowns have played negative roles, or did you just want an overpowering Antagonist?

A. We needed a powerful protagonist and being a comic book fan since I was a kid, "Joker" in Batman was a good reference for a psychopath. In conclusion, to have made him so terrible, in the end, people found him "cool", instead of being "cheesy". Almost a reincarnation, in the spirit of "Joker", "Darth Vader" or "Halloween". Ronald McDonald's best role.

Q. The logos and mascots that you used are registered intellectual properties of some very fiercely aggressive brands (some might be your clients as well!). And some aspects of the various Trademarks included rights under Copyrights law as well. So, this was a very huge gamble. Did you take any permission at all before or after the movie was released?

A. We had no authorization, it was a bet to enter the field of artistic freedom of expression, as well as religious caricatures. France is a country of human rights and freedom of expression. Since childhood, we have been told about Victor Hugo (exiled under Napoleon III), Emile Zola... We have taken this right, assuming the risks it entailed. Moreover, American directors have told us that they would never have taken this risk in a country as legislated as the US.

Q. As your work (the movie) could be said to be protected under the concept of fair use under Copyright law but as for Trademark law, fair use differs from country to country. After the movie was released, did you face any backlash or on a more serious note, any infringement claims??Do you think it has something to do with LOGORAMA winning the Academy Award for Best Animated Short Film? With the stamp of the Oscars, LOGORAMA became a brand itself that other brands were more than happy with being attached to?

A. In fact, it was not the Oscar that protected us, but the première of the film at the Cannes Film Festival and the prize received at the “Quinzaine des Réalisateurs” From then on, with articles in Le Monde, Le Figaro, and all national newspapers, brands did not try to take us into court anymore. Moreover, as you said, in the end, there were brands that have been trying not to be there, like some French luxury brands. But some logos were unusable in the film's narrative. I know that Leica complained that they didn't make precision rifle scopes, but in fact, they were (!).

Q. Follow-up question: Did you have an active legal team during the making of this film or was it more need-based? What were some top-of-the-line concerns that you or your legal team had and what were the possible solutions that you relied on for legal use of the logos or mascots?

A. Yes, we had three teams of lawyers. The first two of them advised us to not develop the film, while the third one didn’t completely close the door. In the end, we relied on the last one, Mr. Metzger. His strategy was to say that we were in line with the right to caricature and that we would do, in agreement with our producers, a media launch, by targeting the biggest festivals in the world and treating the film as a “cultural product” rather than a commercial one. This was a winning strategy in the end. Afterward, there were mainly discussions about the percentages of risk-taking between producers, because we were not sure of anything.

Q. Your movie is a depiction of our relationship with brands and their relationship with each other as well. One incident that really stood out to me was when Ronald Mcdonald bumped into the Weight Watchers logo (check at 10:45). Very strong commentary. The real world does talk frequently about the vices of the brands but your interplay between two interdependent brands like that could be termed as very bold. Help me understand:

A. These are associations of ideas, there are full of them in the film. It's satirical. After all, Logorama is a sort of visual UFO, McDonald hits Weight Watcher or a piece of scrap? McDonald's takes Big Boy (a Junk Food brand) hostage in a Pizza Hut (another Junk Food brand). Is this a call to take down competition?

Q.?If not under Intellectual Property law, but under the law of defamation, such strong commentary could have taken a rather ugly turn, right?

A. I don't think so, both brands produce processed food with proven effects on human health.

Q. And if not the commentary, then the language that has been used, could have led to some resistance from some brands. Did it?

A. Honestly, all the people working for these brands were quite happy with the existence of this film. And no legal department steps in.

Q. You personified logos and mascots by giving them a voice and a character to play. Walk me down the voice-over castings if you remember. Did the voice have to meet the personality of the Logo or the Mascot for people to connect? Did you decide on a voice-over artist by keeping in mind the role that the logo or mascot played in the movie or the role that it plays in the real world or both?

A. We totally disregarded the voice of the mascots, only their character and their role interested us. Indeed, the first storyboard has been conceived with real characters. We only made an animated film for adults showcasing the omnipresence of logotypes in our contemporary world. That's why I call it "Polaroid" (Snapshot) because this film, even in 500 years, will portray our society in 2010, just as My Generation will illustrate 2020 and immaterial flows.

The artistic writing embodies the era, an omnipresence of brands in our daily life. But the story is a Hollywood story. In fact, most Pop graphic design (logotypes) meets Pop Culture (Hollywood), but with French critical thinking (free and independent spirit).

Q. Now moving on from LOGORAMA to My Generation, this short film in reflection sums up everything that has become a part of one’s culture. Some celebrated more than the others. What was the message that you wanted to get across?

A. In fact, Logorama talks about the "material" consumer society, and "My generation" shows the acceleration of the world in 10 years, with a dematerialization of consumer goods (culture, music, cinema, trading), the appearance of fake news and media manipulation. A sort of hostage-taking of free thought. The setting is a hostage situation, a reverse sequence shot where the viewer watches or has to leave... just like social networks, video games, and VR. I just borrow their code from the entertainment world. In fact, what's funny is that in "Clockwork Orange", Alex is forced to watch this flow of images, and it's torture. Today, this flow of images is entertainment (supposedly). Besides, Disney’s big boss said, "Hitler would have loved social networks". I thank him for saying it. This is the best advertisement for "My Generation".

Q. You used Hitler’s speech as the background recording for the My Generation. Why him? There is a saying, ‘no publicity is bad publicity. So, considering this, did you feel a creative hesitance in choosing his voice as creativity should also be handled responsibly? With powerful negative narratives in both LOGORAMA and My Generation, is it about making bold choices (saying what no one else is saying) or human infatuation with a negative narrative?

A. The idea of My Generation is to balance the acidulous and pop aspects of the images with speeches that are the opposite of these images. To create a contrast between image and sound, to end up with an optimistic sound sequence during the end credits, where there are no more images. Where we can just close our eyes and listen. To focus on oneself, and on what is human nature, because I think that the best lies in the majority of us.

With "My Generation" or "Logorama", I certainly give my point of view, but I also try to balance people's perceptions, to give them a way out. No dogma, rather a playful satire of the society we live in.