Is there a lawyer in the house?

DCERVENKA

DCERVENKA

Well-known member
Before we start production on our program (to be aired on cable) which legal forms will we need? And roughly how much will they cost?

Just brainstorming I came up with the following, but please correct me if I'm wrong or I've come up short?

1) Music
2) Release for submitted footage (since we will be accepting footage from multiple sources)
3) Advertising contracts (contract with those businesses paying us for commercial time)


For those attorneys, please PM me to discuss details such as pricing...
 
First of all, I'm not a lawyer, so this is not to be considered legal advice.

With that said, the releases that you are going to need will depend on your project. At the minimum you should have:

a release for submitted footage
a release for people who will appear in your film
a release for any practical location you shoot at (not needed if you are shooting in a studio)
a release for any music you use
talent and crew contracts
a release for your source material if you are basing your project on anything that is not in the public domain

Unless you are doing product placements in your project then you don't need to worry about an advertising contract as cable channels sell their own commercial time.

Rob
 
This for an extreme sports show which will be shot on the slopes, water, dirt, etc.. Would a location release form be applicable in that case?
 
Thanks Rob! I feel like I'm going to be spending a lot of time getting forms signed...

Ok, to throw this in the loop. For the submitted footage. Rocker climbers shot their own home video of their climb up El Capitan (again in Yosemite). We ask for submissions, we think it's cool so we want to air it. Is it expected that the guys shooting a home video would also need a release now that it's going to be on the air?

Trust me the meeting with the lawyer is coming very soon! I just want to make sure I have all the bases covered and know what to expect.

Any good books on this subject?
 
What you need from the Park Service is called a "special use permit." A park like Yosimite probably has a competent, full-time guy or gal who does nothing but deal with productions of all sizes. The park will dictate the terms. The cost of the permit slides to some extent with the size of the production, crew, budget, etc. and is sometimes flexible but in Yosimite, it is probably less flexible because of the massive numbers of visitors. If you're small with "no- or low- budget" you should be able to negotiate a somewhat open-ended permit for weeks instead of a few days for far less money than a professional production, depending on how well you impress them with your preparation. Besides the fees, they might insist on a liability insurance policy with $1+ million rider and might insist on you providing your own EMTs or First Responders on-site. The NPS is extremely sensitive to how much impact the production will have on the park, their resources and all other climbers/visitors so NPS asks large productions for large clean-up deposits. Do yourself a favor and plan very well to impress the bureaucrats of your preparation for safety, emergency response and your intentions to create little impact and to clean up and restore. Apply far enough in advance just to make sure some other company isn't already scheduled. Don't know about the home video part but as far as NPS is concerned, usually once you're permitted, any footage should be okay to use.
 
Since this is footage that was submitted to you, and not created by you then all you really need is the signed release form from the guys who shot the footage. The only exception to that would be if there is anything in the footage other then just the guys climbing. For instance, if you have signs that say Yellowstone Park, or if you show a tour guide or fixture like Old Faithful then you will also need a release form the Park Service.

Rob
 
you will also need an E&O insurance policy (errors and omissions). the things you need to be granted the E&O are a good guideline for production. you may also want to talk to some doc movie, film, tv distributors like 7th Art releasing and ask them the rights requirements for submissions.
 
Check with your local law society, or counterpart thereof.
If possible meet a lawyer in person, not over the internet.
Seek out a lawyer who works in the entertainment industry.
Prefereably not as an extra.
I would steer clear of those off-the-rack forms. You're paying for knowledge and protection not paper and words that may not apply to your specific situation.
Shop around, but don't cheap out.
 
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