Getting 'rights' for a doc

dusterdoo

dusterdoo

Well-known member
I want to do a doc on a social worker here in Los Angeles for possibly film festival venue. A friend suggested to obtain / purchase rights to make the doc from this social worker, for a small fee for a set time frame. Is this typical? If so, how would I go about doing this. . .Thanks. .
 
There's considerable debate about the ethical question of paying the subject of a documentary.

Avoiding that question, what you'll require is a signed, dated and (preferably) witnessed release from the social worker to use his image and voice. Though there are boilerplate forms available, it is a contract that may require specifics according to the situation, so have a lawyer draw it up (or at least vet what you plan to use) to avoid later grief.
 
Signed releases for everyone on camera or audio, for sure. If you're working with a social worker, your going to have to include the clients, and will likely need to make special arrangements with the social service agency and that could get a bit tricky - but not impossible.

In terms of buying "the rights" - that's not really how docs get made and, I think, sets up a weird dynamic where you own this person's story (would you agree to your subject owning rights to your finished film?). It's a big enough leap for someone to agree to let you follow them around with a camera.

You should definitely spend some time with this person talking about what you want to do with the story, how you want to shoot it (in terms of your presence in their life), boundaries and definitely legalities. If you're both on the same page about the project, and you have a signed agreement with the subject (might want to save your money for a lawyer, rather than rights) - then you should have what you need to proceed with the project.
 
Bus No. 8 said:
Signed releases for everyone on camera or audio, for sure.
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is this only necessary for those who are featured in a doc? is it necessary for bystanders or if you are capturing people in public places, not really doing anything "controversial"?

i'm thinking of murderball, hoop dreams, and mad hot ballroom or even born into brothels, where they capture people but who are not featured.

any info. would be great
 
It starts to get murky along those lines. My rule of thumb has been to get releases from anyone who speaks on camera, who the camera focuses on for any length of timed (effectively "featuring" that person).

Certainly I wouldn't worry about people in the background. The features that you mention are good examples because in each there is clearly a group of people that we see a lot of, whether they end up being someone who is featured or speaks on camera or not.

Going into any one of those situations, I would get signed releases from everyone in that particular group or even entire community, because you don't know who you'll end up spending a lot of time on, or who might emerge as a "featured player" three years from now when you're editing. In situations where there are a lot of people, say in a group activity, it's important to let people know what you're doing, and allow people who specifically do not want to be filmed to identify themselves in some way, or participate in the activity in a way that keeps them out of the cameras range.

Other people who might literally or figuratively wander into the story of your documentary may well end up requiring releases as well. In a public space where there are a lot of people hanging out, but you're not paying particular attention to any one person (other than those who you've already secured permission from, or will be securing permission from), it's important to hear people saying, "please turn the camera off" and respect it.

I'm sure there is no harm in covering far more bases than you'll ever need - it's so much better than going into editing, finding a person that moves your story forward in a way that you didn't expect, and realizing that you not only don't have a signed release, but you have no idea who this person is or even what their name is. At that point, you would be taking legal and ethical risks that might jeopordize your project if you chose to use them anyway.

It's also important to know that most film festivals will require you to have signed releases, and if you're making a doc that you hope will find either theatrical or television distribution, you're going to be subjected to a rather rigorous legal and insurance process called Errors and Omissions, wherein you have to legally prove that you made every possible effort to secure the permission of every person that appears in your film (and every piece of music and every recognizable product and on and on...)

Better to err on the side of obsessive compulsive from day one.
 
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Yeah, looks like other posts covered the most important stuff.
As they said go nuts with release forms, even helps if you have another body around to help with that in groups, not to mantion assist you, and maybe some more documentation that looks "official" which wiill ease the minds of people who are hesitant to sign if it looks flashy enough. (short synopsis and some best-case-scenario goals of your film). It's hard and feels weird asking people to sign this stuff but you'd be suprised to find how quick some people are to sign things, and it'll save so much grief later on that it's worth the awkwardness of just doing it for everyone who appears.
Don't worry about bystanders unless you get shots of them speaking that you know you'll use, but for shouting crowds and stuff I wouldn't sweat it.
About "rights", I'd say no unless it's about Heidi Fleiss or OJ or something that has a good chance of becoming a TV movie otherwise (your still not safe anyway, like "rocks with wiings", "small Wonders" and "Spellbound"). People love to make docs into bad fiction films these days.
The only pay most people want and well deserve is care and respect for them and thier stories. It will show in your films quality, if you respect thier wishes and boundaries, and help them open up to you more anyway if you respect even the most stringent boundries at first. Good luck.
 
Thanks - I understand the 'release form' thing, wasnt sure about the 'purchasing the rights' thing. . .. ..The suggestion about just communicating with the intended subject about how I see the project makes sense, I will do that. Thanks for the help. .
 
Bus No. 8 said:
It starts to get murky along those lines. My rule of thumb has been to get releases from anyone who speaks on camera, who the camera focuses on for any length of timed (effectively "featuring" that person).

Certainly I wouldn't worry about people in the background. The features that you mention are good examples because in each there is clearly a group of people that we see a lot of, whether they end up being someone who is featured or speaks on camera or not.

Going into any one of those situations, I would get signed releases from everyone in that particular group or even entire community, because you don't know who you'll end up spending a lot of time on, or who might emerge as a "featured player" three years from now when you're editing. In situations where there are a lot of people, say in a group activity, it's important to let people know what you're doing, and allow people who specifically do not want to be filmed to identify themselves in some way, or participate in the activity in a way that keeps them out of the cameras range.

Other people who might literally or figuratively wander into the story of your documentary may well end up requiring releases as well. In a public space where there are a lot of people hanging out, but you're not paying particular attention to any one person (other than those who you've already secured permission from, or will be securing permission from), it's important to hear people saying, "please turn the camera off" and respect it.

I'm sure there is no harm in covering far more bases than you'll ever need - it's so much better than going into editing, finding a person that moves your story forward in a way that you didn't expect, and realizing that you not only don't have a signed release, but you have no idea who this person is or even what their name is. At that point, you would be taking legal and ethical risks that might jeopordize your project if you chose to use them anyway.

It's also important to know that most film festivals will require you to have signed releases, and if you're making a doc that you hope will find either theatrical or television distribution, you're going to be subjected to a rather rigorous legal and insurance process called Errors and Omissions, wherein you have to legally prove that you made every possible effort to secure the permission of every person that appears in your film (and every piece of music and every recognizable product and on and on...)

Better to err on the side of obsessive compulsive from day one.
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Wow! thnx for the great response!
 
Shooting war?

Shooting war?

What if you are shooting soldiers and such? I will be at sea with sailors filming a doc and was wondering what permission that would fall under? Do I still need forms to do interviews or not. Thanks I have been trying to figure this out for some time.
 
If you're shooting soldiers (so to speak), I would think that you would need to get some kind of labyrinthine military clearance. Definitely one to research thoroughly before you set out. At the very least I would think that you need personal release forms. But soldiers don't really own their own lives, so a personal release form may not suffice. If no one on this board has the answers for you, you might actually try doing a web search for the makers of "Gunner Palace" and see what they can tell you. Seems like if anyone would know, it would be them.
 
Getting permission from the Public Affairs Office for any military footage should suffice for general shooting.

I'd get "personal" releases from any individuals I interviewed, just to be safe.

The PAO should also know exactly what needs to be done by you.
 
i know a bit late, but heres a basic version of the one ive used for docu shooting. for interview and talent release... there are also depiction and locatoin releases.


talent Release Form


Motion Picture and Television Release

I hereby irrevocably agree and consent that ( insert your / company name here) and its assigns, may use all or part of its videotaped or filmed interview of me for its documentary program about ________fill in blank.

(and here) has the right to use my picture, silhouette and other reproductions of my likeness and voice in connection with any motion picture or television program in which this interview may be incorporated, and in any advertising material promoting it.

(and here) may edit my appearance as it sees fit.

(and here) shall have the right, title and interest in any and all results and proceeds from said use or appearance.

The rights granted (and here) are perpetual and worldwide, and include the use of this interview in any medium now known or hereafter invented, including broadcast and cable television, and videocassettes and DVDs. All or part of the interview may be used.

This consent is given as an inducement for (and here) to interview me and I understand (and here) will incur substantial expense in reliance thereof.

(and here) is not obligated to make any use of this interview or exercise any of the rights granted to (and one more time) by this release.

I have read and understand the meaning of this release.




Signature Date

________________________________________________________________________Print Name Phone




more specificly in terms of purchacing someones life story. aka depiction rights there are a number of things to concider,.. how much protection from suits based on defamation, invasion of privacy and right to publicity... terms of the agreement include ; does it grant remakes, sequels, tv series, merch (swag) novelazation, stage/ radio rights....ect...

there are ways around depection rights... ie. fictionalize , change the names, location, ect.. to protect the innocent and your ass in the process. note if the story is famous already this is not such a good choice, but public officials and such are subject to much higher burden of proff when it comes to establishing defamation or invasion of privacy.

a pretty good book called dealmaking in the film & television industry 2nd ed. by Mark Litwak has good stuff on the basics, but

NOTE i am not a lawyer... and im not entirely sure how that form would hold up in court, but its pretty easy to understand and much better than an oral agreement
 
That looks pretty good, similar to ones that I've used. I would add to that form a place for parents / guardians to sign for children.

The book looks good, I'm going to check it out.
 
I have an all encompassing release from every single person in my doc, even background people in private places, etc.



ash =o)
 
I almost like lucidstudios' release form, however it falls short on a few particulars.

First of all, as it's written, it's a non-binding contract and can be later challanged. Contracts require both parties to benefit for it to be binding. To correct this, lead the first paragraph with "For good and valuable consideration, receipt which is hereby acknowledged, ".

Secondly, the phrase "including broadcast and cable television, and videocassettes and DVDs. " is in error. It either should be left out or re-written to read "including, but not limited to, broadcast and cable television, and videocassettes and DVDs. " As soon as you begin itemizing things, make sure you haven't ommitted internet distribution, pay-per-view television and other means of distribution that may arise.

Third, "All or part of the interview may be used" is weak. You want to reserve the right to "edit, delete, and/or juxtapose" their interview. You're more than likely going to pull at least one sound bite and use it out of context, be certain you've covered that possibility.

Fourth, the party agreeing to the release must "certify and represent that I am of legal age and have every right to contract in my own name in connection with this Release, and that I have read the foregoing and fully understand the meaning and effect thereof, and intending to be legally bound". And, as "Bus No. 8" pointed out, f you're dealing with a minor, then that must be changed to reflect that fact and have their legal custodian enter into the agreement.

Finally, don't follow any of this advice. Get an entertainment lawyer to write your release forms. If you ever do anything of note where the E&O laywers look over your paperwork, you'll understand why I say that.
 
lucidstudios said:
a pretty good book called dealmaking in the film & television industry 2nd ed. by Mark Litwak has good stuff on the basics, but

NOTE i am not a lawyer... and im not entirely sure how that form would hold up in court, but its pretty easy to understand and much better than an oral agreement
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I have this book and it is very good. I would also get "Clearance and Copyright" 2nd ed. By Michael C. Donaldson. The above book is very thorough, but IMO, more advanced and not as accessible as the one I mention.

I would not post contracts like the above. I know you are trying to be helpful but it is not adequate in my opinion. You definitely didn't find that in the Litwak book. Controversial documentaries are ripe for litigation so you really should have an attorney draft the contracts and go over the issues.

Some quick advice, when filming a documentary I would always find out if the subject has any agreement with a third party that might prohibit them from speaking with you. There is an area of the law called tortuous interference of contract. If you induce someone to break a contract you can be held liable. I am thinking of a non-disclosure here. I would have an indemnification for this in the release.

Jim
 
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BTW I think you were asking about an "option" agreement (an exclusive right for a fixed period of time) to purchase the rights to someone's life story and we got into releases instead. I am not sure either way if this is done in documentary filmmaking, it is done in narrative film all of the time.
 
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