Ethical/Legal Issues

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Phileas

Member
hi everyone, i'm having difficulty finding consistent info regarding the ethics of doc-making. so far i've only made modest private work, so it hasn't been an issue before. but now i've got a chance to make something that others really might be interested in.

i am going to shoot at a music school in india. it is a benevolent organization that supports the community a lot. there are tonnes of great classical players there, as well as a rich and varied society in that area.

although i'm not positive what my focus will be, i will likely depict the school, traditional music, and cultural stuff. i'm not planning on being critical or controversial (although who knows what might come up while i'm there), however, my questions are:

1. what is the best bet in terms of my own legal security? should i get all subjects to sign waivers? what if i just film and then put something together without waivers? if i have a trust-based relationship with the school, i think they will be happy to let me do this work. i think that going around with waivers might cause people there to feel uncomfortable or even suspicious.

2. i am hoping to make a deal with them where i'll edit together a promotional thing for them in exchange for being allowed to shoot most whatever i want. has anyone tried that before? any advice?


sorry this post is a little long, but i am really in need of some advice!

thanks a bunch,
 
You should always get release forms. It may seem intimidating, but legally you need to have permission to use them on camera. There are some other ways to handle this if it is a large group you can post a sign in a highly visible area and make an announcement "on camera" letting them know you're shooting and if anyone has any issues with being on camera they need to let you know. But, the best is signed release forms.
 
Two points. You need to be thinking about making a story out of what you shoot. A documentary is not a bunch of disconnected random shooting. Dig until you find an angle and then follow it. You need releases from everyone--otherwise you're completely crippling how you can distribute your work. Releases are not a big deal and you're probably worried way more than the school and students. From an ethical standpoint, it's better to have clearly worded releases that describe your intent.
 
release form pointers?

release form pointers?

regarding release forms, are there certain technical differences to be aware of when it comes to distributing to different broadcasters. for example, would a tv broadcaster like pbs want you to produce release forms that were somehow more detailed or more legally-specific than the release forms an indie film festival would want to see? or are broadcasters' requirements for what they see in release forms basically the same across the board?

peace,
 
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I just made a 3 minute film for a uni project about a certain type of disability. I found a charity which works closely with sufferers and their families, and
I made a deal with them like the one you described in your first post.

They actually helped so much that once I was in contact with them I had to do very little research. They drove us all over the city to interview families, gave us more than enough info, and even fed us.

The idead was that we made 2 films - 1 for us, 1 for them. We have yet to make the second film, which will only need one more interview and a longer edit.

So, once you have trust, you have access. If your subject wants the film as much as you do, you have help.

Just make sure that you remain in creative control. The lady from our charity thinks she's co-director of our uni version...
 
Phileas said:
hi everyone, i'm having difficulty finding consistent info regarding the ethics of doc-making. so far i've only made modest private work, so it hasn't been an issue before. but now i've got a chance to make something that others really might be interested in.

i am going to shoot at a music school in india. it is a benevolent organization that supports the community a lot. there are tonnes of great classical players there, as well as a rich and varied society in that area.

although i'm not positive what my focus will be, i will likely depict the school, traditional music, and cultural stuff. i'm not planning on being critical or controversial (although who knows what might come up while i'm there), however, my questions are:

1. what is the best bet in terms of my own legal security? should i get all subjects to sign waivers? what if i just film and then put something together without waivers? if i have a trust-based relationship with the school, i think they will be happy to let me do this work. i think that going around with waivers might cause people there to feel uncomfortable or even suspicious.

2. i am hoping to make a deal with them where i'll edit together a promotional thing for them in exchange for being allowed to shoot most whatever i want. has anyone tried that before? any advice?


sorry this post is a little long, but i am really in need of some advice!

thanks a bunch,
Click to expand...


Here are some great resources to give you a better understanding of the current state of the Law in the United States as to your rights and responsibilities as a filmaker:


[SIZE=-1]The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers: Books: Thomas A. Crowell by Thomas A. Crowell.

[/SIZE][SIZE=-1]Clearance and Copyright: Everything the Independent Filmmaker Needs to Know: Books: Michael C. Donaldson by Michael C. Donaldson.[/SIZE]
 
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