No names for credits

Z

zoob

Active member
I'm considering entering a festival or two of performing artists I shot over a 15 year period. I just started shooting them on a popular outdoor mall where there's no expectation of privacy - just the opposite actually. They are trying to gather attention and an audience. I'm now wondering if festivals are going to wonder why over 500 names are missing in the credits.

Comments?
 
Shooting public places is always dicey because context matters and even if you are in the right you still have to defend yourself in court and many exhibitors err on the side of caution because they don't like being sued. There is a reason why news crews (who probably have the most First Amendment protections in the realm of visual media) many times will shoot generic broll of crowds/people in public spaces and pointed not get any faces.

If people are just in the background you are probably fine. If you interviewed people or otherwise 'prominently featured them' then you should've gotten a release to cover yer butt. I am not a lawyer so just take this as laymen advice.
 
That is always an interesting situation - but with so much user generated video online from concerts and other public events being posted, that whole concept is going to be challenged in an era of always available video and photos. Usually at these events, posters can be put up an entrances that the event is going to be captured on video or photos and attending the event is giving permission to do so. That can give a little something to fall back on. And the band itself can make an announcement before their set begins (that you capture). Of course anyone actually interviewed needs be given credit.

Michael
 
Of course the issue will be challenged. The question is -- can YOU afford the legal expense of being the test case?

Can you be sued? Yes. Would you win? Maybe, maybe not....but it will cost you to defend yourself in court. Are you likely to be sued? Hard to say -- but can you afford to risk it?
 
Forget the background people for a moment. Think of the performers themselves. You make the assumption that they would want you to promote their work. But there could be one, or two, or even several who wouldn't want that at all -- especially if it's work from 15 years ago. Further, if they are performing something they wrote, composed, or otherwise created, then you have copyright issues to consider as well.
 
It is interesting....especially when others are busy taking pictures standing right beside me. I framed the performer and there's no background people. Like I said, there's no expectation of privacy - just the opposite. Jugglers, clowns, musicians, fire-spinners, balloon twisters - oh, the humanity.

Keep in mind this is for a festival entry. It was screened last summer at the local library. I added a dedication to all performers on the end. I'm just curious if the festival people are going to wonder what happened to the credits.

I think a demo is in store. You can see a video clip of my dilemma here.
 
If you had a recording of somebody who is now famous, can you simply release it to the public without their permission. No. Would they object if they found it out there? Possibly. So much depends on the individual, but I have this exact quandary myself. I recorded somebody back in the 90s. Very different music to what they eventually became famous for. I certainly have the copyright for the recording, the music was old enough to be out of copyright but the singer has a copyright in her performance. In fairness, it's not a very good product, but fans could be interested. I'd bet that releasing this material to the world would soon bring on an important letter. Street performers don't mind people recording them, but the issue is potential exploitation of their work, isn't it.
 
It's usually never an issue until someone starts making money off it. Nobody really bothered YouTube with copyright action till they were acquired by Google. Until that point, it's called viral marketing. ;)

Michael
 
As far as festivals are concerned, I would go to the websites of the ones you are interested in and read the fine print of the terms of agreement. All of the ones that I have inquired about have wanted the assurance of knowing that the filmmaker has covered their bases in regards to rights, clearances and releases. Of course, I have always looked into submitting fictional narrative projects and am not sure if a doc fest or the like might be a little more flexible.
 
The filmmaker is responsible for clearing all rights to the material in their film.
Click to expand...

They also indemnify themselves against any lawsuits that may arise.

In all, the filmmaker in this festival is totally responsible.
 
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