3 concerns...

**becomedeath** · January 28th, 2004, 03:55 AM

As always, I have a couple of concerns. However, I am an ignorant man and will probably have difficulty in articulating my concerns, and so, I beg you to please bare with me. I'm nearly complete in editing my documentary. Now, this little film was shot in Tompkins Square Park in nyc and is, as I mentioned, a documentary....about the chess scene there, which I am a part of. Having anyone sign a release wasn't a concern at all when I was shooting the film and I suppose really isn't one now, but I was just wondering if that could come back to haunt me. Not so much the actual people I interviewed, rather people, for example, whom I don't know, walking by in the background. As I will certainly be showing this film around the city I wonder if someone might notice themselves in my film and take advantage of the situation, and even if they did, what could they do?
Another concern is that at the end of the film I have a reggae song that I recorded in the park at one of its many outdoor summer festivals. Now, I don't know the name of the band that was playing, and I certainly didn't ask them, or him rather, whether or not I could use it in a film. I just recorded then later found that it would work good in the conclusion of the film. Could this too haunt me?
And one last silly concern is about film festivals. Now, most festivals, atleast the ones that I have noticed, usually say something like "send a VHS copy and X$" and that is how I am to submit my film. Thats all fine and lovely but I don't like the idea of just sending out this movie that I have worked very hard on to just anybody and let them do who-knows-what with. I mean, I don't think that they'd try to pawn it off as their own or something....or maybe I do, I don't know, I'm paranoid. What steps do you fellows take when submitting your films to festivals? Would I need to get it copyrighted, and if so, how do I go about doing that?
Again, I am an ignorant man, but I'm trying to remedy that. I suppose that there are several concerns in this topic, but if anyone could help with any one of them it would be greatly appreciated. The film is just under 24 minutes, shot all on K-40 with a beaulieu 4008 and was ranked at Cinepost, whom I highly recommend.
thank you,
Tayman Strahorn

**rollemfilm** · January 28th, 2004, 03:40 PM

I am not a lawyer, but I do make documentaries. Here is what I understand:

As far as folks in the background; they are in a public place. You are for better or worse, news media. If you do not seek out the people in the background by zooms or use their conversation it may not be a real concern. Freedom of the press allows media to produce news. If the people are way in the background and it would be hard to identify them there is not much anyone can do.

The band; were they paid to play there? If not they are making a public spectacle of themselves and they may be news worthy. However, you may be liable for the right to use the song. Was it a famous song?

Most likely no one will care until your film starts making big money, that's the time to worry. It is a good idea to have a lawyer to advise you.

Always carry plenty of release forms. Try to inform groups that you are making a documentary and that they may avoid being photographed by leaving the area. Otherwise, if they are in the shot they are implying permission to be in it. This may not always work depending on the situation, like at an event where people paid an admission.

Hope this helps a bit. I have been through this and it is always a problem but there are ways of dealing with it. There will always be over zelous wackos looking to make litigation so try to cover yourself the best you can. Intent is the issue.

<font color="#a62a2a" size="1">[ January 29, 2004 12:28 AM: Message edited by: rollemfilm ]</font>

**Nigel** · January 28th, 2004, 04:04 PM

There are lawyers for the arts that will often work on a Pro Bono basis or low fee. Start by going to aivf.org and ifp.org

As for the festival fees. I have a rule where I usually won't pay more than 30 dollars unless I know the festival has a good reputation.

I would be concerned--You are dealing with some complicated legal issues. Don't buy into the idea--"I don't have anything. So let them come after me."

Good Luck

**knucklemug** · February 10th, 2004, 06:40 AM

I agree with the previous two replies, but I have a slight bit more info for you that may help... I have produced and directed doc's within business institutions and in the street and I try to get consents as much as possible, but as has been already mentioned it is not always neccesary.. The big thing however is children. Filming children without an adult consent is very bad. During my years working for a Time Warner T.V. station they drilled it into us about that. Maybe you could optically blur faces if needed... But if it's just adults don't worry. There are differences in the law depending on television broadcast and theatrical.
As for the music, I wouldn't sweat that regardless. If this person ever does become aware that you used his singing he will probably be happy for the publicity...
Last but not least, like you I didn't want to let go of my films either when I sent then into festivals and contests, but here are some things you can do. Research the festival, try typing the name into your favorite search engine and see what pops up.
Read the entry details very carefully.
Also, if you can't afford to copyright every 10min film you've ever made, try the poor mans copyright. Put your movie on a tape seal it up good in an envelope and mail it to yourself. Than stick it away. Believe me this still works.

Hope this helped

**Nigel** · February 10th, 2004, 03:15 PM

Copyrights are a bit more complicated than just mailing something to your self. Not to get into to many details but it only costs about 35 dollars to register your copyright and then it will truly stand in court.

Good Luck

**chas_ucla** · February 10th, 2004, 10:28 PM

A lawyer came to our design class and told us that the "poor man's copyright" is an urban myth -- people do it but it won't hold up in court.

I agree with Nigel -- just for over the dough and get it copyrighted the proper way.

**knucklemug** · February 11th, 2004, 02:58 PM

It held up here 2 years ago when I went to court over a wedding video I shot... Of course a lawyer is not going to reccomend it in a UCLA classroom. But I know it to be true...
However people can believe what they want... There's a big difference between life experience with film making which I have over 25 years of and sitting in a classroom or in your mothers basement which is probably the case with nigel...
$35 for a copyright? What the heck world do you live in...
http://www.copyright.gov/reports/fees2002.html
There is a $30 fee for filing and an $425.00 registration fee...
Maybe you should read before you start typing...

**Nigel** · February 11th, 2004, 03:47 PM

First off FStop, I don't think that you have any right to come into this board and start making personal attacks. You don't know what I have done with my film career so you shouldn't just start making statements.

First off I am not an attorney and this is not legal advice......I have filed copyrights with every film I have made. When I am the sole creator I use the Short Form VA and then the filing fee is all it takes. You can get the form in a number of places. When I am hired I make sure that in my contract it is noted that the proper forms need to be filed so that I am listed as a co-copyright holder to maintain access to the material I shot.

Copyrights are easy to register and it is well worth while.

Good Luck

**becomedeath** · February 12th, 2004, 03:32 AM

Since I have discovered more interest in my topic I'll give an update. My film is finished. Its a documentary (I suppose) about the chess scene in Tompkins Square Park in NYC where I play. It is shot entirely on super 8, with sound, and runs just under 24 minutes, with credits. Just today I submitted it to my first festival (The New York International Independent Film and VIdeo Festival) which takes place in late April / early May. The title of the film is "Tompkins Park." I should know in "seven to ten business days whether or not it is accepted.

Tayman Strahorn