City Permits required prior to sale of Indy film?

P

PimpDaddyDA

Well-known member
Hello all.... question about permits...

We shot a handfull of scenes in our Indy feature, WITHOUT permits... in and around a major metropolis city.

Big question: Do I need a permit on file with the city, prior to the sale of our film?

Can a film be sold or distributed without city filmming permits on file?

What's the downside?

Thanks for your advice.
 
It is my experience that city permits are only needed for access to city property for filming. If you've gotten the shot, you don't need the permit. On the other hand, if it's releases to locations you are looking for, that's another matter...featured trademarks, logos and even buildings (like Disney Hall here in L.A.) need permission to be used, but that is from the specific owner, not the city. It does not apply if that building is part of the landscape in general. Disney actually tried to limit filmmakers from shooting a general profile of downtown L.A. if it had their building it in. I think they lost because there is no expectation of privacy when you build a building in downtown. BUT, if you feature it, that's another story. ("Not a lawyer" disclaimer goes here)
 
Thanks Cyclone, good info...

We've got the shots so I guess that's where it ends.

Hey, have you heard anything about a 3 second rule? You can show a product or company name as long as it's under 3 seconds?

Thanks!
 
Haven't heard of the 3 second rule in filmmaking. But when I was a kid, it meant that if I dropped my candy bar and it only touched the ground for 3 seconds or less, I could still safely eat it. I know, it was dumb, but my brother and I believed it, thinking it took the germs that long to realize that the candy had been dropped and then jump onto it.
 
Hello Darryl,

What you really should be concerned about is what effect not having clearance on any locations will do to the cost of E&O insurance. What you need to have is clear title and that usually includes sign offs for locations, performances and any score.

It is the potential distributor's requirements that will determine how much of a problem you will or will not have. From the cut of M.O.G. that I saw, I don't recall any really serious problems, but who knows.

If it were me and I had a film that someone wanted to pick up, I would reshoot the questionable scenes (or at least appear to) by pulling proper permits and getting clearance from any property owner needed. Then who is to say which take you used; the one you originally shot or the one that you just shot with all the proper documentation?

Too bad but the AFM was last month, that would have been the place to have meetings with any distributors that were interested. Why not contact a broker and see what requirements that they have to issue an E&O policy on your project. That should tell you what you might need to work on.

Best of luck.
 
Thanks for the advice Kevin... ( or did Courtney write this?) I got all the performances and locations released..... still working on a handfull of music releases (but most of them can be "bought off") Independent musicians, nothing to difficult.

I was super concerned about my random shooting in and around the city, but it appears that I need a permit to shoot, but if I already got the shot, I don't need to go back and get a permit for it.

I'm still worried about some product placement. A scene in the supermarket shows a couple products in the background.

Can a producer's rep assist with these types of details or must I dive into this side of the business myself?
 
Despite Courtney being much more intellegent than me, I actually wrote that myself!

Products usually have logos and logos are usually trademarks. Trademarks have very strong protection and these can not be used without permission. That can be very expensive as they have all the power, that is why you will see so many things "Greeked out" on set. If it is just the scene in the market (wasn't there a liquor store one too?) that I am thinking of you could go in and "fix" this with a bit of VFX work.

I wouldn't trust this to a low level person, its too important not to get right. I have seen a number of deals fall through because a distributor was worried about not having clear title.
 
Thanks for all this info! I am looking into sending my film to distributors and this is all good stuff to hear! Luckily I shot in mostly private locations, other than some establishing shots.
 
I suspect that the guys who assert the "3 second rule" are the same that made the pitch to high school girls in the back seat of their car - however that was a "slightly" different proposal. They both have equal legitimacy... <wink> At any rate, in public seminars I've heard lawyers give everyone blanket advice to *NEVER* use copyrighted music of any length (apparently these guys are successful and don't need billable hours)

Regarding dropped food, the 3 second rule ought to be modified based on:
Did anyone see you drop it?
Is the food expensive?
Is the food really tasty? (dessert)
Are you really hungry?
Are there any more?
Where was the food dropped? (bathroom, subway, etc)

Regards, Michael
 
Brandon Rice said:
Thanks for all this info! I am looking into sending my film to distributors and this is all good stuff to hear! Luckily I shot in mostly private locations, other than some establishing shots.
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Submit the copyright first. It takes 4 to 6 months to clear the copyright but it's dated from when they receive it.
 
Blaine said:
Submit the copyright first. It takes 4 to 6 months to clear the copyright but it's dated from when they receive it.
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Thanks for the info! I'll get on that right away... does the film have to be completed to copyright? I am assuming so...
 
cyclone said:
I love the idea of the 3 second rule on dates...that's all I require.
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You might want to consider not offering that bit of detail in your pickup line!
 
Brandon Rice said:
Thanks for the info! I'll get on that right away... does the film have to be completed to copyright? I am assuming so...
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They require that you send in a DVD or VHS of the movie. They also want a synopsis or copy of the shooting script. When I sent mine in, I sent all three: DVD, Shooting Script & Synopsis.
 
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