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New Concussion commercials incorporate NFL game footage

This image released by Columbia Pictures shows Will Smith in a scene from the film, “Concussion.” Smith plays Dr. Bennet Omalu, a Nigerian-born forensic pathologist in Pittsburgh who knows nothing about football when he performs the autopsy on former Steelers center Mike Webster. Omalu discovers CTE in Webster’s brain, setting him on a journey that exposes the concussion crisis. (Melinda Sue Gordon/Columbia Pictures via AP)

AP

The movie’s director claims Concussion is a shot between the eyes of the NFL. The marketing effort is now doing the same.

Recent commercials for the film have incorporated actual NFL game footage, interspersed with messages like “COVER-UP.” Per a source with knowledge of the situation, Sony (the studio producing the film) believes that the same “fair use” concept that allows NFL team names, logos, and player likenesses to be used in the film also allow the team names, logos, and player likenesses to be used in the film without running afoul of the copyright and trademark laws.

Players depicted in the commercials include Vikings running back Adrian Peterson.

It’s a boundary that HBO wasn’t comfortable crossing in connection with Ballers, a fictional show that uses team names and logos in the program but that refrained from doing so in the marketing materials.

The league has continuously declined comment on the Concussion film and any topics related directly to it.