ASK & DISCUSS
INDEXClearance and Copyright for films
10 years, 3 months ago - Dan Selakovich
Hi Everybody. I hope there's not U.K. block for this youtube video. Two Hollywood lawyers talk about what the law actually is in the U.S. regarding a whole host of things that come up for filmmakers. Since U.K. and U.S. law are quite similar regarding these issues, I thought I'd let you guys know about it.
I've been in the industry forever, and learned something that I thought I knew the answer to. If somebody's logo or advertisement is in your movie (on a cap, T-shirt, Billboard, etc.) do you need to get permission to use it? Turns out the answer is "no." Studios will get permission, and because of that, I assumed there was a legal reason. I was wrong.
Or how about this one: can you make a film about a living person if you change their name without getting permission?
If you use somebody else's clip under "fair use", can you then use that same clip in your trailer?
And in my personal experience, this kills most indies when they find a distributor: Deliverables. So often what you need to deliver to a distributor is not budgeted for and it can be pricy. Don't get caught not knowing. And that includes Errors and Omissions insurance.
Lots of valuable information here. Watch it:
https://www.youtube.com/watch?v=EQxY3Cr3J8s
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10 years, 3 months ago - Paddy Robinson-Griffin
I watched the first half of this last night - some useful and more importantly reassuring information there. These guys are clearly plugging their book, but it looks like a good book for US-based members.
UK-based, I'd suggest that it may be interesting, but there are enough differences in the laws and their enforcement that you cannot assume anything will carry over. Much of it will, but knowing which bits would or wouldn't is enough to see your own counsel in itself :)
Response from 10 years, 3 months ago - Paddy Robinson-Griffin SHOW
10 years, 3 months ago - Dan Selakovich
No doubt, Paddy. When I post supervise, deliverables the biggest problem area. I remember one film years ago, where the producer hired a friend who wanted to get into production photography. He signed a contract with this stills photographer; it was her standard contract for head shots, art photography and such. It said she retained the copyright on all photos. Normally this is fine and preferred, but not on a film set where photos are used for promotion. It was her first film shoot and didn't understand. It took money to get her to release her hold on them (and she had already been well paid by the production).
So many costly mistakes like this that can be avoided by hiring an Entertainment lawyer in the first place.
Response from 10 years, 3 months ago - Dan Selakovich SHOW
10 years, 3 months ago - Dan Selakovich
Yeah, they are clearly promoting their book, but still lots of info about problems they get all the time. And problems I see in these SP people forums. Like not getting a contract for work, because, hey, we're all friends, right?
For example, I think this is the same in the U.K.: you get a DP to shoot your movie. Without a clear "work for hire", he can claim at least some copyright over the footage.
Yes, absolutely hire counsel. Even these two say that a book won't replace good legal counsel.
Response from 10 years, 3 months ago - Dan Selakovich SHOW
10 years, 3 months ago - Paddy Robinson-Griffin
I do believe you're right about DoP, or cam op, even. It certainly hoses your deliverables without having every dot and cross in place!
Response from 10 years, 3 months ago - Paddy Robinson-Griffin SHOW
10 years, 3 months ago - Paddy Robinson-Griffin
Just in case it helps anyone, 'deliverables' are all the things you have to deliver to a distributor/sales agent - the film is only one of those elements. Arguably, it's the most important element, but on its own it's useless.
People hate getting sued. It's expensive, inconvenient, avoidable, and means you didn't do your job right. A film is no use if
1) you don't own the rights or
2) you can't prove that you do own the rights.
To this end, you have to deliver a wodge of paperwork showing that everyone has waived or assigned or at least licenced their rights to the production. It'll include every stage from original story to screenplay to rewrites to photos used on the posters and soundtracks.
Response from 10 years, 3 months ago - Paddy Robinson-Griffin SHOW