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Murder Accusation in Doc

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Murder Accusation in Doc
by Pat Ford on May 26, 2009 at 1:45:20 am

I am doing a doc about an artists' community. One of the member's girlfriend disappeared. It is thought by some in the community that he was involved in disappearance.

Does relaying this information put me at risk?

Thanks

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Re: Murder Accusation in Doc
by David Roth Weiss on May 26, 2009 at 4:14:49 am

[Pat Ford] "Does relaying this information put me at risk? "
How are you planning to "relay" that information?

If you allege the crime in your doco and the information cannot be attributed to someone else as a matter of public record, you could very easily find yourself accused of slander. If someone has already gone public with the accusation, and you're reporting that, or if a member of the community makes the accusation in an on-camera interview that you conduct, you're most likely okay, although they could sue you anyway, simply because anyone can sue anyone for anything.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.


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Re: Murder Accusation in Doc
by Pat Ford on May 26, 2009 at 4:20:20 am

Thank you David.

The information would likely occur in an interview. So theoretically I am not saying it and would be liable.

Though I understand what you say about never really being safe from a lawsuit. I guess that's what makes this country great. I guess.



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Re: Murder Accusation in Doc
by David Roth Weiss on May 26, 2009 at 4:31:59 am

[Pat Ford] "Though I understand what you say about never really being safe from a lawsuit. I guess that's what makes this country great. I guess. "

But, the 1st amendment is very protective of journalists and documentarians, and rarely, if ever, does the other side prevail. It might cost a bundle to defend, but you probably won't lose.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.


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Re: Murder Accusation in Doc
by Pat Ford on May 26, 2009 at 4:35:39 am

Thanks again, David.



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Re: Murder Accusation in Doc
by Rocco Forte on May 26, 2009 at 5:33:59 am

Asking a lawyer would be the best thing to do here. One that specializes in this kind of thing.

Good luck.

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Re: Murder Accusation in Doc
by Pat Ford on May 26, 2009 at 6:02:29 am

I did ask an attorney and he kind of laughed it off...I would, better said, the film would be accusing someone of murder. And the guy...from what I have heard has at least a very dark soul.

I do plan to ask another attorney. Thanks Rocco.



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Re: Murder Accusation in Doc
by Steve Wargo on May 28, 2009 at 5:27:21 am

Quite frankly, I would get a really good pistol and a concealed carry permit. Unless you think a lawyer is going to come stand in front of you when the killer comes to your house to teach you a lesson. Allthough I've posted some really funny stuff on these forums, this isn't one of those times.

Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
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2-Sony EX-1 HD .


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Re: Murder Accusation in Doc
by Pat Ford on May 28, 2009 at 5:59:35 am

Ya gotta a good point there dude: I shouldn't be afraid of the guy's attorney, I should be afraid of the guy.

From what I can understand...he is not an altogether wholesome character...into an order which specializes in black magic. Supposedly another woman who was close to him disappeared down in Portland.

An attorney can take all my money...what there is...but if this guy comes hunting for me....well, that's totally a different situation.

I think I can find the guy who was the prosecuting attorney on the case...maybe I'll do some more research before I do anything hasty.



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Re: Murder Accusation in Doc
by Bob Cole on May 28, 2009 at 7:11:45 pm

Wargo wins the award for seeing what is most important here. Well said.

But look at the bright side. If the guy is guilty, and does kill you, you probably don't have to worry about getting sued for slander.

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Re: Murder Accusation in Doc
by David Roth Weiss on May 26, 2009 at 4:12:11 pm

[Rocco Forte] "Asking a lawyer would be the best thing to do here."

Rocco,

It would also be great to shoot every documentary on 35mm film with a Panavision camera, but that would be a waste of money, wouldn't it?

Despite our country's love and admiration for them, lawyers are not gods, and there is no reason for independent documentary filmmakers to shell-out $350 an hour for advice every time they need answers. These laws are well documented, and it behooves every indie documentary filmmaker to research the answers, to ask those with experience, and to bone-up on the things they will need to know throughout their careers, because there's little enough money in documentaries as it is.

While I'm not an attorney, nor do I play one on TV, I did produce and direct a "true crime" reality series, which required that everyone, from the lowliest researcher to the executive producer, become familiar with the very types of legal issues Pat asked about. It's was simply part of the normal course of business for the entire staff to become conversant in these matters, and it was not uncommon for new staff members to become quite expert in these matters in just a few days.

The bottom line is, I'm not suggesting that lawyers have no place and that everyone should avoid them all the time. What I am saying, is that most legal questions that an indie documentary filmmaker might face during production can be addressed without paying a lawyer upfront. Later, before the film is broadcast or distributed, it will be vetted by high-priced lawyers anyway. So, if you've done your homework and asked enough questions, you'll get to that point with fewer dollars charged on your credit card.




David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.


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Re: Murder Accusation in Doc
by Bob Cole on May 26, 2009 at 10:50:34 pm

[David Roth Weiss] "there is no reason for independent documentary filmmakers to shell-out $350 an hour for advice every time they need answers."

True that.

Finding a lawyer who actually knows the answer to your question might be just as difficult as researching the answer yourself.

Also: in my city of Baltimore there are lawyers who donate their time to the arts. Maybe there are some wherever you are as well.

My seat-of-the-pants guess is that if your NARRATOR (who speaks for YOU) poses it as a question (e.g. "There are some who think the boyfriend did it.) then you're pretty safe.

Getting sued could be great for publicity though.

Bob C

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Re: Murder Accusation in Doc
by baiju kurup on May 28, 2009 at 8:13:14 am

hi

i am sharing your worries with you eventhough your scribles are not very clear

i think it is an issue demands a probe with certain ethics

i am doing films with artist as well as making films on artist

yah live and work in mubai -india

if you can write in lttle more

probabaly i will be able to share my views upon the issues

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