Legalize question...fair of use terms permission

F

flean

Active member
I am not sure where to place this thread. Hope this is the right place.

Let's say you're filming an interview for a documentary. The person you're filming is either watching the news on Television, play a video game on play station or on checking email on a famous brand computer.

Does the filmmaker need permission from the manufacturers, the TV network, Gmail to be in the documentary or since it is portraying part of the person's real life activities, it falls under the Fair of Use terms and conditions?

Thank you
 
There are a lot of factors involved as to what is permissible and what is not when invoking the "Fair Use Act".

Before using copyrighted material for your project. Read this: http://www.copyright.gov/fls/fl102.html

The simple way to avoid a problem? Blur any copyrighted material out or don't use it without permission from the owner.
 
And there are lots of issues on "rebroadcast" and what that term consists of - you want to check that as well as far as what was playing on TV.

Michael
 
The short answer is that if you think you might need a release, then you should absolutely get one. Even if you don't think you'll need a release, you may not be able to get errors & omissions insurance, and then you won't be able to sell your doc anywhere.

The longer answer is that you should speak to a lawyer who has experience with rights clearances.
 
Thanks.
@Adrian. I already looked at this website and it has really a lot of good info.

Now, my question was more about do we need permission (release) from manufacturer about every objects and material appearing in the foreground and background when you're filming a real person in his daily activity during an interview for a doc?

If this is the case, then that would mean I'll also need to ask permission from the car manufacturer when I film someone driving around in an interview, clothes and accessories like his backpack (tag on it), computer (when he's working on his computer), his kitchen table made by a special designer, the architect of the building he lives in etc... it is confusing. I don't think any filmmaker goes thru the process of contacting manufacturer of all objects appearing in a film and belonging to the subject being interviewed.

I think Fair of Use can apply here because the object (for exemple the text of a poster on a wall, music playing on a radio, and television programming heard (perhaps seen) in the background, the interview's car arriving or leaving a location...) In the context of documentary, the incidentally captured material is an integral part of the ordinary reality of a daily life of a subject being documented.

Does anyone has had any experience about this issue and they could share tips and exemples that'd be great?

thank you
 
The centre for social media articles are great and I think they answer some of your questions in part. It really depends on what your film is all about and how any content in it could be used. I think if you're in that much doubt, then you would be better off speaking to a good media lawyer.
 
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