Legalities

B

bernard

Wondering if anyone has some experience or knowledge with the following:

1. Do I need someone's permission to film my protagonist doing an audition and using a scene from a well known movie? The protagonist will tell them what movie he's quoting from and the scene and who actor in the movie actually was.

2. Do I need consent to identify the actual name of a state legislative bill in my movie, as well as the names of the state senators/representatives involved, in a situation where one of my characters verbally takes them and their bill to task (all done off screen in voice over) and calls into question their true motives?
 
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not sure about #1 but I would have to say no to #2... do you think Michael Moore (oh how do I hate him) got permission from anyone to do Faharenheight 9/11... Senators and actors etc, are public figures which makes them fair game. If your comments are truthful and not slanderous (Bill Cosby eats children and beats kittens) then you should be fine..plus..if you did happen to piss off a senator with your film then thats just some free publicity :)
 
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On question 1, I have no doubt that it would constitute an infrigement of copyright, technically. However, whether anyone would persue it is another matter.
 
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Bottom line, ask a lawyer.

I can't tell you how many headaches it will solve if you just get a lawyer to sit down with you for half and hour. Call one, explain your film making motives, offer to buy him lunch in exchange for information. You'll get more enthusiasm if you find a lawyer who is the political opposite of the people you intend to trash. Get one that holds a bar card for your state. These laws change as you move around the country.

#1, This is almost certainly a yes. You cannot use someone else's creative material without their consent. Do you really want to tarnish your budding reputation like that? Write your own scene and use it. Better yet, make it parallel or foreshadow something later in your movie.

#2, As long as you don't cross the slander/liable line, you can talk trash about anybody. It's your right as an American.
 
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