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Documentary rights issues + do i have any rights? (BEIJING CHINA)

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jonathan levittDocumentary rights issues + do i have any rights? (BEIJING CHINA)
by on May 3, 2012 at 9:27:46 am

Hello! 10 years ago I shot a documentary when I just started film school. I didn't have the means to edit it back then. I shot it in Beijing, and the subject is a woman and her son. A few months ago I was chatting with this woman on Facebook , she asked me what I did with the footage. That got me thinking, so I actually started to edit it, and came through with something I'm quite happy with. I uploaded it privately to youtube (invite only) so she could watch it. She watched it and she really loved it, but has refused to let me show anyone. I tried to ask her to reconsider, but she said that its too private and that she was only 24 and would never have agreed to letting me film such private stuff now. Thing is I never got a release form, because I had no knowledge at that point in my schooling that I should have it signed. I offered to erase her name from the titles, but she still refused. My question is do I have any right to show this documentary to my friends, or to likeminded filmmakers? What are my limitations? Any help is appreciated.


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David C JonesRe: Documentary rights issues + do i have any rights? (BEIJING CHINA)
by on May 6, 2012 at 5:54:15 pm

I think at this point, you are obligated to honor your original agreement (even if it was verbal) with her, whatever that was. That said, at this point, I would be more inclined to not show it if she seemed emphatic that you don't, even if you can (legally).

This is really a lesson to all doc filmmakers out there, that you need to make clear, what you're going to use the footage for at the time of filming, and make sure you get written releases.

Dave J


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Todd TerryRe: Documentary rights issues + do i have any rights? (BEIJING CHINA)
by on May 6, 2012 at 11:33:43 pm

[jonathan levitt] "do I have any right to show this documentary to my friends, or to likeminded filmmakers?"

Of course I am not an entertainment attorney, which is the person most qualified to answer this question...

However, I do believe that you are well within your rights to show it to friends, other filmmakers, and the like. Actually, I believe you are free to show it to most anyone, actually, as long as you are not charging anyone to see it, or making a profit off of it.

The argument would be that this person actively participated in the filming of your documentary, so obviously they knew the project was happening, participated, and gave implied consent even if it was not on paper. They willing participated in the "art" side of it, you just did not have an agreement for them to participate in the "business" side of the project.

I think it's up to you whether you honor this person's wishes or not.

Can you ever sell this documentary to a distributor (or do anything else with it for cash)?... no.

Can you show it to friends or colleagues or any other non-paying audience? I certainly think so.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



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