Emre is exactly right.
A similar analogy that I often use when clients want to "assume the responsibility" for illegal music use (which we refuse, of course):
Let's say I borrow your car, and get caught speeding. I can't tell the cop, "It's ok, this is Greg's car, I have his permission. He even gave me this note that says if I get stopped speeding just send the ticket to him." It doesn't work that way.
I'd
strongly suggest that you come up with and/or suggest a completely different concept for this client. While the spot that you envision might be cool... it would be a paperwork/rights/negotiations nightmare. And the cost would be astronomical, even for a local commercial. You'd be getting up into national spot budget territory.
I'm willing to bet that the current crop of DirecTV spots that use footage from old movies (including the current tasteless resurrection of the late Chris Farley from "Tommy Boy") are paying well in the six-figures range for each movie to license that footage.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com