Howdy 120years,
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You will need the free Adobe Acrobat Reader to view any "PDF"
document(s) referenced below. If you do not have it, you
can download it from the Adobe website.
http://www.adobe.com/products/acrobat/readstep2.html
You will need Microsoft Word or Word Pad to view any "DOC"
file(s) referenced below. If you do not have Word, you can
download the free Word 97 viewer from this Microsoft page.
http://office.microsoft.com/downloads/2000/wd97vwr32.aspx
Here is a general description of when, where, who, with what,
and who you need to obtain a release, from the website of
attorney Meg Gibson-Henlin, graduate of the University of
Toronto, Faculty of Law.
http://www.gibson-henlin.com/articles/film_making_and_copyright_law.pdf
"A release is required to obtain permission to use someone
else’s property in your film. The permission may be expressed
or implied but it is generally advisable to obtain it in writing.
In a documentary type film for example, four releases are generally
required. These are an appearance release, a material release, a
location release and a music release. An appearance release is
required to obtain permission to use someone’s image, voice or
performance in a film. This is normally obtained at the beginning
of an off or on-camera interview. In relation to producers working
on narratives this is normally taken care of in the contract when
the producer is signing on the talent for the film. A material
release is required in relation to images, archival or personal
footage, the text of documents, or audio recordings in the film.
Material releases may avoid even actions for trademark infringements
in relation to images that are captured during filming. A location
release relates to the site of the shoot or filming. The location
may be private or public."
Even though this reference is about documentaries, it is
still applicable to your question. The NEFilm.com website
has an interview with an entertainment attorney.
http://www.nefilm.com/news/archives/98august/legal.htm
"The Legal Side of Film
an interview with Entertainment Lawyer Sandra Forman
by Rob Sabal
...
Securing rights and releases protects the producer from
being sued for rights infringement. Some producers don’t get
appearance releases when making documentaries. This can often
be no problem. In most cases people know they are being filmed
and by choosing to appear in the film they are giving their
consent. A particular danger is when someone does not know
he/she is being filmed and is inadvertently presented in a
'false light.' This is a legal term for having a 'fact'
connected or implied about someone that isn’t really the truth.
...
'I encourage producers to be cautious, to have contracts, to
secure rights and get releases in order to avoid the threat of
lawsuits later.'
...
Sandra is a well known Boston entertainment attorney who
specializes in working with independent producers, especially
documentary makers."
The Swiss Federal Institute of Technology Zurich NDS Intellectual
Property website has the following PDF file which gives some
practical advise on the above.
http://www.nds-ge.ethz.ch/Documents/Newsletter_Winter_2001.PDF
"Location: After scouting for good locations, permission
from the owners must be obtained in most cases. The
types of permissions needed, if any, can vary according to
the use of the location, whether the location is a private
or public place, whether the work is fiction or non-fiction,
whether trademarks or copyrighted works appear in the
location, and whether the location is a subject of significant
focus in the audiovisual work. Written agreements should
cover not only the use but also the reuse of the premises
and the full ownership of the material afterwards.
...
Music or sounds: The creation of original music for the
film or series is the easiest way to deal with the different
IP rights involved in using musical compositions and
performances in a film. Otherwise separate rights must be
obtained from the composer (or the holder of the copyright
in the composition) and from the performers.
People: these fall into different categories:people can be
seen 'by accident,' for instance, during film shootings in
a busy street. As a rule of thumb: for any appearance
of longer than 3 seconds in the picture, an appearance
release is necessary.
Trademarks: special attention should be paid to the use of
trademark signs in the film. Whether these are placed on
purpose (e.g. product placement) or recorded by accident,
a release agreement must always be obtained. Of course
the question of who pays whom depends on the film and
the trademark."
At the bottom of the Columbia (University in the City of
New York) Film Division Production Guide prepared by Maureen
Ryan, is a notice that could really come into play when you
are trying to sell your film.
http://www.columbia.edu/cu/arts/film/guide2003.doc
"Documentary filmmakers, reality television producers and just
about anyone else filming people for commercial purposes are
advised to get a signed release from each such person. Not only
is this important to insulate the filmmaker from potential claims,
but errors and omissions insurance comers and/or the production's
distributor will probably require signed releases before the
project is broadcast or released in theaters or on home video."
To be safe, it looks like you will have to be careful and not
only get releases from anyone you film, but you might also
need to get releases from any company that has an identifiable
trademark, etc. or even music that might be playing in the
background (a passing car radio or boombox) and any buildings
that might appear in your film.
The above is why you see so many "blurred" faces, shirts, etc.
in various works. They didn't, or couldn't, get permission to
use people's likenesses, trademarks, etc.
Here is a link to a sample appearance release, for Chi-Com
International, if you need a reference.
http://www.kungfurecords.com/html/appearancerelease.htm
If you need any clarification, feel free to ask.
Search Strategy:
"appearance release"
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"appearance release" filming public
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Looking Forward, denco-ga |
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