Rights issue with Retrospective Documentary

[MDew]

I'm looking to create a retrospective "making-of" documentary about a film that came out a number of years ago (which has no documentary and is not on DVD). Ideally, I'd like to mainly interview several of the cast & crew to get their stories about the film. My question is: how essential is it to have permission from the studio to begin with? If I don't include the name of the film in the title, don't use images from the film in advertising or packaging, and don't show clips or music from the film am I in the clear?

The reason I ask is that it is extremely difficult to find who actually owns the rights for the film because it's changed hands over the years (probably why it's not on DVD) - so I thought I'd avoid the mess altogether for the time being and just start gathering footage. My plan would be to show it at an event for the film, and perhaps sell DVDs there as well to cover the production costs.

And another question: if I come across behind-the-scenes images or film taken by crewmembers and have their written permission to include it, would this be breaking any copyright rules?

Thanks in advance for any help!

 

[MDew]

Anybody?.... Anybody? Another follow-up question: For contacting actors/crew for interviews, who is the appropriate contact - talent agent or manager?

 

[Tommy K]

My question to you would be why wouldn't you show clips from the movie? It wouldn't be very interesting without.. IMHO... I'm sure people will be talking about specific scenes and what went on behind them etc... I think you would be better off trying to contact the owners/rights holders and seek permission and cooperation... It would be a win win for both parties... You get material for the doc and they get new publicity and advertising for their movie...

As far as your legal questions... I would consult a copyright attorney for the gospel. IMO what you are proposing sounds like you should be in the clear... To the best of my knowledge it isn't against the law to talk about a movie... unless the cast/crew signed some sort of non disclosure agreement etc. Which is doubtful. You aren't using anything copyrighted or trademarked from the movie, you are just talking about it. News and docs have a certain amount of "fair Use" rights to begin with.

 

[MDew]

Cool, thanks for the reply. I agree that acquiring the rights would be mutually beneficial, and that having clips or stills from the movie would be almost essential. I was just looking at it from a "worst case scenario" point-of-view, since it has been so hard to find info on the rights. I was wondering if an entertainment lawyer could help investigate such a matter - that seems like something in their jurisdiction.

 

[Tommy K]

Cool, thanks for the reply. I agree that acquiring the rights would be mutually beneficial, and that having clips or stills from the movie would be almost essential. I was just looking at it from a "worst case scenario" point-of-view, since it has been so hard to find info on the rights. I was wondering if an entertainment lawyer could help investigate such a matter - that seems like something in their jurisdiction.

Yes or a copyright Attorney... which is what I use.

 

[Steve House]

...And another question: if I come across behind-the-scenes images or film taken by crewmembers and have their written permission to include it, would this be breaking any copyright rules?

Thanks in advance for any help!

Any images are copyright ... the question regarding photos taken by the cast or crew becomes one of who owns the copyright on them. If a member of the crew is on-the-job and taking pictures in the course of his duties, it could very well be that his employer owns the images that the he and he can't legally give you permission to use them.