Apple Final Cut Pro Legacy Forum
another documentary question
another documentary question
by ben on Mar 3, 2006 at 3:17:12 pm

again, off topic to fcp, but i think its pertinent.

what are the rules of like, docuemntary releases? is there a good resource out there so i can see what needs a release and what doesnt?

the issue i am having is that in this documentary i am working on, people are being refered to, who never show up in the documentary, do i need to get there release as well?

so if anyone knows a good resource that has to do with docuemntary rights and releases, that'd be fantastic

-ben


Re: another documentary question
by Mark Raudonis on Mar 3, 2006 at 3:24:35 pm

Here's a starting point.

http://www.documentary.org/

mark





Re: another documentary question
by Ed on Mar 3, 2006 at 3:39:07 pm

Mark already gave you a good source for the big picture. As for people being referred to without actually
being on camera, no release needed. The person saying something about someone else might be liable
if they say something slanderous.
Ed


Re: another documentary question
by Doug Bassett on Mar 3, 2006 at 4:00:38 pm

Is there a standard release form or does it need to be on official letter head?


Re: another documentary question
by Ed on Mar 3, 2006 at 4:14:54 pm

This is the one we use. It was (maybe still is) the one PBS used. We always use our letterhead so there's no way someone could say they didn't know who it was for.
Ed


The undersigned enters into this Agreement with ___________________ ("Producer"). I have been informed and understand that Producer is producing a videotape program and that my name, likeness, image, voice, appearance and/or performance is being recorded and made a part of that production ("Product").
1. I grant Producer and its designees the right to use my name, likeness, image, voice, appearance, and performance as embodied in the Product whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix or duplicate and to use or re-use the Product in whole or part as Producer may elect. Producer or its designee shall have complete ownership of the Product in which I appear, including copyright interests, and I acknowledge that I have no interest or ownership in the Product or its copyright.
2. I also grant Producer and its designees the right to broadcast, exhibit, market, sell and otherwise distribute the Product, either in whole or in parts, and either alone or with other products, for commercial or non-commercial television or theater, closed-circuit exhibition, home video distribution or any other purpose that Producer or its designees in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicizing any of the uses.
3. I confirm that I have the right to enter into this Agreement, that I am not restricted by any commitments to their parties, and that Producer has no financial commitment or obligations to me as a result of this Agreement. I hereby give all clearances, copyright and otherwise, for use of my name likeness, image, voice, appearance and performance embodied in the Product. I expressly release and indemnify Producer and its officers, employees, agents and designees from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations. The rights granted Producer herein are perpetual and worldwide.
4. Any compensation received for granting the above rights is noted and executed in a separate document.

I have read the foregoing and understand its terms and stipulations and agree to all of them:

Granter


Re: another documentary question
by ben on Mar 3, 2006 at 4:47:42 pm

so in another context, if i have permission from the photographer, I can use photos of people?


Re: another documentary question
by Ed on Mar 3, 2006 at 4:54:20 pm

If the photographer has releases from them that allow him/her to give you the right to use them, sure.
Unless, of course, the photos are of crowd scenes (public places), no release needed in those cases. Could you imagine having to get
releases from everyone in all the photos and films in midtown Manhattan with thousands of people walking down the street?
Ed


[ben] "so in another context, if i have permission from the photographer, I can use photos of people?"




Re: another documentary question
by ben on Mar 3, 2006 at 4:56:15 pm

well, true, i've just never put together a doc on this scale before, and am sorta freakign out, i dont need to get sued!!

-ben


Re: another documentary question
by tjglfr1 on Mar 3, 2006 at 6:42:55 pm

I'm producing a low budget, short documentary and before I start the interviews, with the camera rolling, I ask their name and tell them that this is for a documentary etc. etc.and I plan to keep the raw footege for as long as needed. Hopefuly this will be enough.


Re: another documentary question
by ben on Mar 3, 2006 at 7:28:14 pm

ive been told that will work, but written sentiment is the best in my opinion.


Re: another documentary question
by Blub on Mar 3, 2006 at 8:09:43 pm

Do what you want and then do a doc on getting sued.

Chris


Re: another documentary question
by Blub on Mar 3, 2006 at 8:11:07 pm

I would make an interesting art project with a funy doc on the side.

Chris


Re: another documentary question
by ben on Mar 3, 2006 at 8:13:13 pm

we make docs about our lives,

www.starvinwithlouis.com

crazy internet hits, its fun, and well, who make better reality subjects then poor filmmakers?


Re: another documentary question
by dave kulawick on Mar 4, 2006 at 8:28:24 pm

This isn't true in Canada, or Great Britain. Repeating a slander makes you as liable as the one that uttered it in the first place.

I'd follow Mark's excellent advice to start at documentary.org and educate yourself, and then I suggest that you talk to an real expert, ie. a lawyer; that is if you're hoping this piece you're working on will be distributed and/or broadcast. This is a bit like post-production; I tell producers "you can consult me before you shoot, or you can plow ahead and pay me to fix it in post, your choice". Why do I think legal advice works similarly?

dbk




Re: another documentary question
by Blub on Mar 3, 2006 at 8:19:09 pm

You don


Re: another documentary question
by Apple Annie on Mar 3, 2006 at 9:25:14 pm

Here's a resource to check out. He has a lot of info, release forms, legal answers, etc. on his site. www.marklitwak.com .

My biggest advice on making a documentary .... GET YOUR RELEASES IN WRITING and GET THE FUNDING UP FRONT! .... and watch out for music licensing!

Good luck.
Ann







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