Okay, so my director is telling me I can't use any of the non-original footage in the trailer I'm cutting together for our documentary because we don't put in acknowledgments in the trailers. Are there issues with using non-original footage in a trailer, if we credit it in the full film? The non-original footage is mostly 2-3 second clips of old 40's and 50's era westerns, some public domain, some not.
Re: Trailer Credits? by David Roth Weiss on Jul 2, 2009 at 6:15:39 pm
[Christopher Onstott]"Are there issues with using non-original footage in a trailer, if we credit it in the full film?"
That all depends on each license agreement, as every company that licenses footage has different stipulations in its agreement. In addition, if there is no language regarding use of the material for promotional purposes film production companies typically request an addendum to the agreement to cover that eventuality. Those who don't formally request such an addendum in writing often find themselves in a situation such as the one you're in now. Your producer could request additional rights at this late hour, but that could be costly and very slow going.
The bottom line is, clearances and licensing agreements often take so darned long that it's wise to make sure all the bases are covered from the start. If they weren't, then your producer is wise to just leave that material if at all possible.
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles
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