rights and clearances

[enrico]

Using media from the net, has anyone had experience acquiring rights and clearances for a documentary? Is there an email letter/form out there that covers legal concerns. How long does this process take? There are a little more than a hundred images/media in my doc.

 

[enrico]

Judging by the lack of response, am i assumimg there isn't much to say on this topic. Do people just use lawyers to get rights and clearances on media from the net or has anyone found an effective format letter that helps with the legalities? Anyone out there?

 

[vidled]

"rights and clearances" is such a complex issue that there is no blanket answer per se. Mostly the type and strictness of clearences will be dictated by the distributor or whomever picks up your production.
It is a good idea however to get permission for EVERYTHING in your production.

If it is a specific image you seek permission for, you will need to go back to the original creator of that image or whomever he/she might have sold the rights to.
It can be daunting task...

 

[enrico]

Thanks. Are rights and clearances a job then that distributors normally do? Is it standard that people get clearances before completing the edit, or after? As a first time filmmaker, is it advisable to submit a film to a festival without clearances, ie a rough cut?

 

[vidled]

Are rights and clearances a job then that distributors normally do?

No, not really. They're just the ones that will insist that you have them!

Is it standard that people get clearances before completing the edit, or after?

That depends on the editing of course. If you are cutting the piece EXACTLY TO A SPECIFIC tune, for instance, then unfortunately your production relies on using that particluar song, so you'd better make sure you have permission for it. You talk about pictures, yes? If they are vital to your production I'd make sure you have permissions before you edit. But really, the best I can suggest is maybe simply use pictures that are in the public domain, royalty free or buy the rights to specific pictures from stock libraries, such as http://istockphoto.com

As a first time filmmaker, is it advisable to submit a film to a festival without clearances, ie a rough cut?

I believe some festivals except that, but the majority simply won't bother with rough cuts. They want to see the final thing with all permissions and clearances.

By the way, there's also something called FAIR USE, although that avenue is EXTREMELY TRICKY. Here's some literature for your reading pleasure:

http://www.centerforsocialmedia.org/..._use_final.pdf

http://www.law.duke.edu/cspd/comics/...dcomichigh.pdf

 

[enrico]

Thank you for the info! I'm gonna start contacting the media sites. What form would make the agreement legal? I wonder how expensive a researcher/rights & clearances person would be...if it's worth it, weighing time spent?

 

[adkimery]

Thank you for the info! I'm gonna start contacting the media sites. What form would make the agreement legal? I wonder how expensive a researcher/rights & clearances person would be...if it's worth it, weighing time spent?

It's worth it if your goal is making money from the project and you think you have a realistic shot of achieving that goal. I'm editing a documentary now and doing my best to point out to the director and producers footage that may cause clearance issues so they can relay to the shooters to try and be more careful.

The last thing I want to have happen is for some ugly clearance issues to pop up down the road that will cost a lot of time and/or a lot of money to resolve.


-A

 

[Five Eyes]

What you require is called a materials release. This can be somewhat complicated for film. For instance, if you wish to use a photograph of someone, you require a license from not only copyright holder (usually the photographer) but a release from the subject of the photograph as well.

Your subject matter is further complicated by by the nature of some sites on the internet, which may hold a copyright on the presentation of the matter as well and will require further licensing.

A lawyer is advised to ensure that everything is covered.