Before you shoot on private property, get permission from the owners first. If you are filming inside a restaurant or store and music is playing on the overhead speakers, be aware that if you use it in your film, you will need to get permission. Always remain an impartial observer. If one of your subjects slanders someone, making accusations that may or may not be true. If these statements are not true or if that person is in the middle of legal proceedings, you, the filmmaker, could be in contempt of court for influencing court proceedings.
You, your crew and your lawyer will need to walk that line together. Often, copyright issues are the last thing the filmmaker thinks of when making a documentary. But copyright should be the FIRST thing you think about as you plan and beginning shooting your movie. It could be difference between an audience seeing your movie or having it buried forever in a legal mess, never to see the light of day.
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I'm producing a documentary about my personal … Can I use a newspaper headline in my documentary? How does this apply to music used in videos?
Can we apply the same logic as with the book quote and footage? I am just asking because I don't believe we can but according to your argument it should be possible You need to create your own limits of how to use copyrighted work.
If what you're doing is transformative and doesn't compete directly with the market of the copyrighted work you are using, then there is the argument for Fair Use. Off course you can be sued, but that's the risk of using Copyrighted work for any case. Just make sure what you are doing is transformative and you should be fine. Unless it gets popular, then you are definitely getting sued. For example, mash-up videos use parts of songs and musics all the time.
And they are protected by Fair Use. But to lift the whole track and use it as the sound track bed for your home made sci-fi movie… definitely no. Probably not even a five second clip in your own sci-fi drama qualifies as fair use. As mentioned in comments, this "fair use" thing is definitely limited to certain scopes of work and certain genre of film. Think college essay on film. Quote a source show a source then credit source. If your whole essay is one giant quote from someone else, it's plagiarism.
If you've done the same with a documentary, it's copyright infringement. But hey, I was an English teacher, not a lawyer! It's interesting that this article mentions nothing about parody as a form of fair use but then again this maybe down to it being common knowledge. This article is kind of saying that lawyers and insurance companies have come up with a way for you to pay them instead of the copyright holder.
Also what are the chances that the insurance company is going to cover all of the Errors and Omissions cases that come their way? Will you be having to debate with your insurance provider that your case falls under fair use and should be covered by the Errors and Omissions policy you've payed for? I think it comes down to the type of film you're creating and the footage you wish to use.
Some licensing fees maybe less than the cost of legal advice and insurance, however other licensing fees can be huge and when you're working with something of that scale it's best to have all your boxes ticked. This is a great article and has some really good advice. I just worry that it's kind of saying that instead of supporting and giving money to the content owners who's footage you want to use, give your money instead to a lawyer and an insurance company.
Think about your own film and content and how you feel about it being used in other people's work. One thing I have come to realise in this industry is that everyone wants everything for free but when it comes to their own work they want top dollar for it. So, an article for Filmmakers intended to help us rip off other Filmmakers. What an odd piece. Be very wary of Ms. Anderson-Moore's advice no matter how well researched it seems.
Apart from anything else, as somebody has already pointed out, fair use is not legislated in many countries including my own. Suffice to say I have had not only my stolen videos taken down on YouTube but several entire Youtube Channels deleted by YT for breach of copyright. Something else for nothing? If you use my work in a broadcast documentary or anywhere else without my permission I promise I will own your house by the end of this year.
Go ahead, make my day. Everything you are referring to with your footage being stolen is obvious copyright infringement. So to be clear, if someone is using your areal footage because it is beautiful and they want it in their movie, but are just not paying you because they are cheap bastards, that is copyright infringement. If however, someone is making a film about, say, cinematography trends in global filmmaking, and want to use a clip of your areal cinematography as a prime example of a trend - whether because they think it's a lovely clip or because they think its garbage - they have every right to do so either way.
You do not have the right to prevent them from using your work in their film if it serves a purpose of cultural critique. Whether you like what they say about you or not! So again, this is likely nothing that you are facing when you mention peeps stealing your footage on Youtube, a very real threat, but having nothing to do with Fair Use or this article.
Fair Use is crucial to independent artists in American filmmaking, and has been hard fought for by revolutionary filmmakers. If other commenters are disappointed that this mostly applies to documentary, that is true. Doc is the realm filmmakers need to reference copyrighted footage the most to tell their stories. It could apply to a narrative film if it truly fits Fair Use conditions, but you don't see it very often.
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Ivan Jose Parron Esq. Answered 4 years ago. I agree with this answer Report. Ali Shahrestani, Esq. Justia Legal Resources. Find a Lawyer. Law Students.
US Federal Law. US State Law.
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