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Cinema Law
Cinema Law: What's an LLC, And Does Every Production Need One?
I've heard that some moviemakers create an LLC for their movies. What's an LLC, and does every production need one?
May 13th, 2011 | Category: Cinema Law | By David Albert Pierce, Esq.
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Who Owns the Copyright to Behind the Scenes Footage?
I hired a cameraman to shoot behind the scenes footage for a short film I did last year. That was his only job on the production for the two days we were filming. I am the writer, director and producer of the film in question. Who owns the copyright to the behind the scenes footage? Can he use it without my consent?
April 8th, 2011 | Category: Cinema Law | By David Albert Pierce, Esq.
Cinema Law: Can I Film U.S. Currency?
I've heard that it is illegal to use U.S. currency in films, though I have seen it in films before. I've been using money facsimiles for photography. Though the money looks real, it is watermarked on both sides with a disclaimer saying "not for legal tender." I am about to shoot a film that requires cash props and wondered if the bills I have break any regulations.
March 30th, 2011 | Category: Cinema Law | By David Albert Pierce, Esq.
Cinema Law: Screenwriter Rights
Cinema Law: Screenwriter Rights
Q: When a writer sells the rights to his script to a production company, I understand that the writer no longer has the right to option his script to other production companies, even if he receives a better offer. That being said, does the writer lose all creative control once he signs his name on the dotted line? Can the production company go ahead and hire whatever director it wants and even change the entire tone of the script without the writer's approval? Basically, what say does the writer have in a project once his script is sold?
December 14th, 2009 | Category: Cinema Law | By Chad Fitzgerald
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: I Shoot, He Scores
Q: After the original composer for my film submitted his score, I found it to be almost unlistenable and rejected it. I hired a new composer to score the film, and this time the music worked much better. The original composer agreed that he'd be paid after the score was completed and I'd had a chance to listen to it, but since I thought he did a horrendous job, I refused to pay him and now he's threatening to sue me. Do I still need to pay him the original amount, or since his work was less than adequate? Is there something else I can do alleviate the situation?
October 20th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
Cinema Law: Location Permission
Q: The trailer for my first film was recently posted online. A brief scene in the movie (which also appears in the trailer) was filmed at a local restaurant parking lot, which I never asked permission to use. Now, the restaurant’s owner, who had no knowledge of the film prior to the trailer's release, says he'll sue me unless the restaurant receives some sort of compensation. Does he have a case?
A: It appears that the restaurant owner believes that he has the right to compensation because his property and perhaps the trademarked name of his restaurant appear in your film. In all likelihood, that claim would fail. Obviously, a property owner has no right to compensation merely because his parking lot appears on screen. Imagine if a moviemaker filming in Times Square needed a license from every building, restaurant and store owner? This is untenable and not the law.
September 22nd, 2009 | Category: Cinema Law | By Gregory Korn
Cinema Law: Using a Song Title as Your Movie Title
Q: I have a conflict with the title of my movie and the title of a famous song; let’s just say it’s “Free Fallin.’” Neither the movie’s content/storyline, nor the title of the movie itself have a reference or connection to the song lyrics at all, besides the fact that the title is the same. The title is a common phrase that is used, but I’m afraid that if I name my movie as I want to, that I will get into trouble as far as copyrights. Can you tell me how likely I am to be sued for copyright infringement if I use a title that coincidentally is also the name of a famous song?
September 15th, 2009 | Category: Cinema Law | By Gregory Gabriel
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Using Footage for a School Project
Q: I want to have my school class make a virtual online art exhibition as a class project. Can they legally use a few seconds of footage from various art films and/or magazine or book images of art on the school's Website?
A: The purpose of copyright law is to promote creativity by providing legal protection for “works” that have been “fixed in a tangible medium.” By law, a copyright owner is given the exclusive rights to reproduce, distribute, publicly perform and publicly display the copyrighted work. The art films, magazines and book images that you reference in your question are “works” that would be entitled to copyright protection, meaning that if those works were copied or reproduced without the owner’s permission, then the owner could sue for copyright infringement.
September 8th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
Cinema Law: Big Star, No Money
Q: I’m an independent moviemaker currently in development on a new project. We are speaking to a pretty well-known star but don’t have the budget to necessarily pay the actor up front, so he’s requested we pay him on the back end with participation fees, residuals, etc. However, what if my movie doesn’t do well or doesn’t ever see distribution? How do I ensure that I don’t get sued by the talent? What can I do to protect myself from this?
September 2nd, 2009 | Category: Cinema Law | By Chad Fitzgerald
Cinema Law: Protection for Behind the Scenes Footage
Q: About 20 years ago, a U.S. film production had done a location shoot in Japan, and I was one of the local hired crew. Since my position allowed me to shoot photographs on set, I also videotaped the production as well—creating sort of "behind the scenes" videos. The video was never intended for commercial use, just for recording daily activities instead of writing journals on paper. U.S. crew (including producers) knew and acknowledged that I was videotaping.
August 25th, 2009 | Category: Cinema Law | By Patricia Millett
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Who Owns the Footage I Shot?
Q: I have an issue with a large client that has never asked me to sign any agreement or contract. A little while back, they asked me for a year’s worth of B roll footage I shot for them. I eventually gave it to the client because I thought it was covered under the “work for hire” doctrine. Now I don’t think that is true. Can I deny them if they request footage in the future?
August 19th, 2009 | Category: Cinema Law | By Randy Whatoff
Cinema Law: What's the Deal With YouTube?
Q: I am producing an independent documentary and would like to include a video that was submitted on YouTube. The video is of a preacher/pastor who looks like he is sitting on the steps of his house or the church, and preaching a sermon to the camera to post on YouTube so "everyone can see his face." Is it okay to include this video?
August 11th, 2009 | Category: Cinema Law | By Amber Holley
Cinema Law: Not Receiving a Credit or Pay?
Q: I was wondering if you could give me advice. I recently completely a VFX job for a movie that has since been released. The people behind the production told me that they were giving me a credit for my VFX work. I've checked on IMDb and they did not give me the credit. I have all the files and I did not sign a release for my work! They did not pay me well, saying that the credit was more valuable then the money. Now, I have no money and no credit! What I should do? I would like to sue because I worked hard on this project—15-hour days to finish the job for $400 a week—and believe I’m entitled to the compensation promised.
August 4th, 2009 | Category: Cinema Law | By Jennifer McGrath
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: How Do I Tell One Man's Story?
Q: I recently read an article in my local paper about a man who has survived a number of natural catastrophes. I found his story fascinating and would like to make it into a film. To do this, would I have to acquire the rights to the article from the writer or acquire the individual’s life rights?
July 28th, 2009 | Category: Cinema Law | By Chad Fitzgerald
Cinema Law: Does Font Matter?
Q: As a moviemaker, do you have to get permission to use fonts for the credits? Let’s say a popular font like Arial, Trebuchet or Verdana? Or what about a more specialized font? Does public domain work with regards to fonts? If so, how would you know if a font is in the public domain?
July 21st, 2009 | Category: Cinema Law | By Jonathan Steinsapir
Cinema Law: Police Departments and Public Domain
Q: Is the “New York Police Department” name in the public domain? Can I portray the police department that appears in my movie as being the “New York Police Department?" Can I show NYPD flyers and uniformed police actors bearing the NYPD logo?
July 14th, 2009 | Category: Cinema Law | By Randy Whatoff
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: Is it Too Late to Deal With Copyrights?
Q: I’m a recent college graduate who made a student film that used clips from movies and music that may be copyrighted, not thinking that it would go anywhere. It ended up gathering good buzz at the school and among the professors, who suggested submitting it into film festivals. What are the copyright laws for using clips from other films and music and how could I either get the rights or find places that would screen it regardless? Should I just let that film rest and keep it as a private item?
July 6th, 2009 | Category: Cinema Law | By Chad Fitzgerald
Cinema Law: What is an LLC and What Does it Have to do With My Documentary?
Q: There's quite a lot of information that leads me to believe I should create an LLC before I undertake a documentary project. Since I am the only person who is involved on the production end, is this highly necessary?
I'm asking any on-screen interviewees to sign release forms and I'm also obtaining signed release forms for any locations. What about still photos and home videos? If I use the photos and old home video footage, do I need to obtain permission from every individual who might appear in the photos/videos?
June 29th, 2009 | Category: Cinema Law | By Jonathan Steinsapir
Cinema Law: Who Owns What? Raw Footage vs. Completed Project
Q: In shooting promotional/marketing or educational/instructional videos, my clients often seem confused about who owns the raw footage and who owns the finished piece when the project is complete. My understanding is that the clients own the finished piece that I was contracted to produce, but I reserve the rights to the master, raw footage I shot to be able to make that video. I’ve since written into my contracts that I own the raw footage and can use it for non-competing marketing materials as well as my own company’s marketing materials. But I also say that they can have access to a copy (the non-master files) of that footage if they request it and can use it however they best see fit. I added the last part when clients became unhappy with not owning all the raw takes/shots. Is there a right or wrong way to approach this issue and is there an appropriate way to phrase it in a contract?
June 23rd, 2009 | Category: Cinema Law | By Gregory Korn
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: What Is In the Public Domain?
Q: Can you explain to me the legalities surrounding “public domain,” specifically in regards to literature? My dream project is a reinterpretation of a classic Shakespeare story. Do I need to be granted permission to proceed with such a project?
A: The short answer to your question is NO. You do not need to obtain permission to proceed with a project based on one of William Shakespeare’s works. However, let me talk a little about the legalities surrounding public works and copyright law.
June 15th, 2009 | Category: Cinema Law | By Kristen Spanier
Cinema Law: The Importance of Finalizing Contracts
Q: A screenwriter and I signed a non-disclosure/non-circumvent agreement in late 2007 with the intention to make a movie together, myself serving as producer and bringing $6 million for the budget.
I found an overseas investor, the writer got paid WGA scale ($125,000 plus 14 percent) and as soon as the writer signed the deal with the investor, they conspired to leave me out and started production. But as the writer—a first-time writer-director—was so incompetent, the investor pulled his money out after only one-and-a-half weeks of shooting.
In the meantime, they left me hanging with no compensation. Suggestions?
June 9th, 2009 | Category: Cinema Law | By Patricia Millett
Cinema Law: Legal Issues for Docs?
Q: I am currently developing a documentary about life in a Section 8 apartment complex in our neighborhood. Beyond obvious things like releases from those who appear on camera, what other legal issues (short of defamatory issues) should I consider? For example, do I need permission from the apartment complex owner to film a tenant in his or her apartment? Do I need permission to film exterior of the complex (e.g., as tenants walk into the building, etc.)? I know permission is always better, but it may constrain the ability to tell the story if asked for (e.g., intimidation by owners of the participating tenants, etc.).
June 1st, 2009 | Category: Cinema Law | By Randy Whatoff
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' . $phpAds_raw['html'] . ''; } ?>Cinema Law: What's In a Title?
Q: I made a short film in 1983 and now a feature film is being made with the same title. The storylines are not the same but nobody checked with me about using my title. What options do I have? To whom would I file a complaint? Would it be with the studio making the film? The director? Or the screenwriter? Do I even have a case for suit?
May 25th, 2009 | Category: Cinema Law | By Jeremiah Reynolds
Cinema Law: Choice of Law & Fair Use
Q: I got a grant to go and make a short documentary film in India this summer, on a certain type of musical style, which I am now editing. While I was there, I did not make any of the musicians I filmed and recorded sign any type of paper. I would like to send the finished movie to festivals, and maybe distribute it, but don't want to have any legal trouble. What type of contract stipulating that they give me the right to what I filmed can I send them to have signed? And can I quote a passage of a book without asking for any authorization?
May 19th, 2009 | Category: Cinema Law | By Jonathan Steinsapir
Cinema Law: How Far Can Inspiration Go?
Question: I’m working on a short film that was inspired by a song. I’m not including the song in the film, but some of the lines of dialogue are the same as some of the song lyrics. Do I need to seek permission to use a song as the inspiration for my film? It’s a no-budget short being made for the love of the art—not to make any money. What legal issues could come into play?
May 4th, 2009 | Category: Cinema Law | By Gregory Korn
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